Former Energy and Petroleum Regulatory Authority managing director Daniel Kiptoo has taken the unusual step of rushing to court to stop plans to charge him with forgery.
The case centres on the shareholding of a family company and has brought long-running tensions between Kiptoo and his half-brother into the open.
According to court papers, Kiptoo wants the High Court in Kiambu to block the intended prosecution. He argues that the move has little to do with genuine criminal justice. Instead, he claims it is an attempt by his half-brother, Dr Victor Kipkemei Bargoria, to achieve through criminal charges what he could not get through normal civil and administrative processes.
The dispute revolves around a company known as STL. The firm owns a commercial building in Eldoret and acts as the parent company of Tarita Trocadero Limited.
Dr Kipkemei has accused Kiptoo of forging their late father’s signature and altering company records to change the shareholding.
These are serious allegations that, if proven, would amount to a clear case of forgery and possible fraud involving family assets.
Kiptoo rejects the claims. He maintains that the planned charges are not driven by evidence of wrongdoing but by a desire to settle a private family fight in a public courtroom. By going to court himself ahead of any formal charge, he has put the prosecution under pressure to justify its actions.
The hearing is scheduled for Friday, and the outcome could determine whether the forgery case proceeds or is stopped in its tracks.
The timing is notable. Kiptoo left his post at EPRA some time ago, yet the family dispute continues to follow him. For a man who once held a senior regulatory position overseeing the energy and petroleum sector, the allegations strike at questions of integrity and trust.
Forgery of a parent’s signature, if true, would represent a direct betrayal of family and legal process. On the other hand, if Kiptoo is right that the charges are being used as a weapon in a civil dispute, then the case raises concerns about the misuse of criminal law for private gain.
Family companies often become battlegrounds after the death of a founder. Shares, buildings and business interests can turn siblings into opponents. In this instance the commercial property in Eldoret appears to be a key asset, and control of STL would give significant financial leverage.
The allegation that records were manipulated suggests the conflict has been brewing for some time and has now spilled into the criminal justice system.
Kiptoo’s decision to challenge the charges before they are formally filed shows he is not prepared to wait and face them in the usual way. It is a pre-emptive strike that forces the court to examine the motives behind the intended prosecution.
Whether the court will view his application as a legitimate defence of his rights or as an attempt to shield himself from accountability remains to be seen.
What is clear is that the matter has moved beyond private disagreement. A former senior public official now finds himself fighting claims of forgery over a family business. The High Court in Kiambu will have to decide if there is enough basis to allow the charges to proceed or if the process has been tainted by personal motives.
Either way, the case is set to test both the strength of the evidence and the boundaries between civil disputes and criminal prosecution.
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