Skip to main content

Kenya, regulated oil prices, taxing keg, and the laws of unintended consequences

Laws to stop Kenyans from being exploited have instead entrenched the
exploitation in law. Image - oilnewskenya.com
Kenyans love laws. The unmistakable belief that a law will make certain undesirable habits change because of the consequences of breaking such laws is common here. It is however lost on these Kenyans that even they themselves break many laws, with abandon.

Therefore, new laws will not make people change their habits for the better, but will instead make people adopt their behaviour to account for the law, hence creating some other unintended consequence most of the time.

A law meant to make oil cheaper for Kenyans made it more expensive  

Take, for example, the laws that regulate the price of oil - petrol and diesel - in Kenya. A few years ago, at some point, politicians felt that the price of oil in Kenya was too high on fumes, and that the citizen was being "exploited" by oil companies.

The politicians even went ahead and decided that it was not only the oil companies that were fleecing Kenyans, but many other manufacturers were also selling their items at too high a price for the "mwananchi". The mananchi, for strange reasons, is always stuck in poverty and appears to struggle to afford most needs.

For some reason, it did not hit the politician's minds that all these prices they were complaining about, all existed in a free market. Sellers were free to set their own prices and buyers were free to buy at prices they felt deserving.

If prices were high across the board, and people were still buying, then probably it had nothing to do with the sellers.

But then, there's what I call the carpenter's problem. A carpenter will tend to assume that most problems, including those not involving pieces of timber, can be solved by hammering at them. We all do it, starting from when we are children and all problems are solved by a well of tears.

Equivalently, a Member of Parliament makes laws, and tends to think that all problems can somehow be solved by making laws that address the problem.

So Kenya's parliament tried to address the problem of high prices by threatening to make laws that would set low prices, for the mwananchi.

This leads us to problem #2. Kenyans do not read, or research their problems. Going to school to get a certificate that makes us more competitive in jobs, is often mistaken for reading and knowledge.

It thus escaped these MPs that price control laws have a long history of never working, be it in Russia, or the United States of America.

The MPs thus passed a law that regulated the price of oil, and appeared to work for the Mwananchi just after it was passed. However, the price did not reduce as much, and remained around KSh. 110, which was where the global prices were.

Fast forward to 2014 where global prices, almost halved, dropping by about 40 percent. Back in Kenya, prices have remained above KSh. 100, with excuses being given as to why Kenyans are not enjoying oil at between KSh. 60 to a maximum KSh. 90. One hilarious excuse was that oil Kenyan imports is a special kind of oil.


As the overzealous MPs had been warned before, price regulation does not work. Their intent to control oil prices now mean that Kenyans pay some of the highest prices for oil in the world. A catastrophic failure for using the wrong tool for the wrong job.

It would have been better to increase competition by encouraging new oil market players, rather than by controlling prices.

The Government's of Kenya ill fated attempt to drink from the Keg

In the US, tax has remained at the same level compared
to the size of the economy, even as the government played
around with income taxes. The best way to raise taxes
is thus to grow the economy as shown here.

Culprit number 2 is the Government of Kenya (GoK), same culprit as above, but a different arm of it.

Always after higher taxes, GoK decided that alcohol is a good target, since people will always drink, and alcohol is seen as a societal evil, which needs to be punished kidogo.

GoK thus decided to tax keg, a popular alcohol packed in large "kegs", dispensed into jugs, and that retailed at between KSh. 25 to Ksh. 30.

By increasing tax on the popular drink, GoK would quickly raise, even double or triple taxes collected from these evil drinkers, which would go to development.

Genius move, right?

Wrong. With Keg prices up to KSh. 60, the target market could no longer afford the drink. They instead went back to drinking illicit changaa ,for which taxes are not paid, and which sometimes leads to death due to use of wrong ingredients.

Many of these legal Keg joints had to shut down as GoK's
attempt to increase taxes failed.
20,000 farmers also saw their livelihood go up in taxes
The market for Keg disappeared overnight, and the manufacturer ceased producing the drink due to low demand.

The result? Instead of doubling taxes collected, GoK collected nothing, and the few taxes which were being collected from the brewer, were lost. Jobs contributing to the economy were also lost.

20,000 sorghum farmers were left looking for an alternate source of income. 

Yet another, catastrophic move from the Government of Kenya.

What is even more of a catastrophe, is not my overuse of catastrophe, but that Kenyans still anticipate new laws will solve their problems, and demand a law for every problem.



Comments

Popular posts from this blog

Kenyan Beers and Craft Beer Reviews for 2025

It's 2025, and you asked for yet another Kenyan beer review. Let's cut straight to the chase - we keep the many stories for once we are drunk. Right? This year we categorize the beers according to breweries.  Bila Shaka / Bateleur  Flagship is Bila Shaka which is a rich flavoured but bitter IPA with 6% volume.  They focus more on quality and experimenting.  Home to many pleasantly (sweet per 2 people. I agree) favoured beers like Dire Straits, and for the ladies who love it a lot on the sweeter side, there's Honey Badger. These come in at about 5% or so. Jua Kali isn't as sweet as the above and is a mixed rice and barley beer, for some reason popular in the hot coast. Capitan is their bar beer and is a light-ish, pleasant beer at 4% volume and a good time passer when you're there for a long and good night and have things to do the next day. My favourite local brewer and highly recommended, especially Dire Straits. It's a medium beer, don...

Eastleigh, the Shopping District of Nairobi

It reached a point where I was getting envious, envious of the Nairobi beggars , the ones who are disabled, mostly amputees. I was not envious of their begging, but more of their begging while dressed in pretty cool garments, more so designer jeans. You see, you cannot beg in designer jeans and expect people to listen to your plight when they are dressed in garments that are almost wearing thin. So after been approached by several beggars who I felt were better dressed than I was, I decided that it was time to upgrade my wardrobe. The first place to look was my dirt-cheap stockist in downtown Nairobi, but I found that when it came to jeans, the stock reminded me of some jeans that I once saw when I was in primary school, popularly known as Savco. Remembering a story I had been told about Eastleigh having a large enough stock of textiles sold at a subsidized price(apparently)by pirates , I decided to pay the place a visit. The place, might be thse source of the billions of dollars ...

In Kenya, its everybody's turn to eat

Kenya, is a third world country facing lots of problems from a capital city with water shortages, national blackouts, crime to bloody elections. A lot of explanations have been fronted as to the root of our problems. The politicians have taken almost all the blame, closely followed by our tribes and then other smaller reasons. Careful examination of all of this roots will reveal that you are far from the truth. As it has been pointed out, Kenya is a capitalist state, and before you jump to a conclusion that that is where the problem lies, it is not. Capitalism merely rewards the smartest and those who have the capital.  In capitalism, every one aims for a chance to be successful, and more often than not, aim to out succeed the rest. Well, aiming to out succeed the others is not a problem, but like drugs, can become a very dangerous habit. Like a junkie who will go to any level to get the next fix, people aiming to be successful can go to any level to reach such heights. The result ...

Nairobi's Top 4 Texas Brisket Places Reviewed and Ranked

Brisket on a bed of roast vegetables with barbecue sauce at Texas Brisket, Kikuyu  This review has been updated after a number of you suggested I try the brisket at County2County.  What's the best place to have Brisket in Nairobi? What's even brisket?  Brisket is one of the toughest cuts in a cow, from around the belly. It is so tough that it has to be smoked for about 16 hours to tenderise. But that there, is the catch.  12 to 16 hours later, it is the most flavourful and softest cut you will ever have. So full of flavour and so soft you can pick it apart with your fingers.  However, due to the long cooking time involved, only a few places offer brisket in Nairobi.  The best so far is Texas Brisket which is located within Kikuyu Railway station.  They do the meat for a proper 16 hours, and will usually have a fatty or non-fatty portion. The fatty portions are more tasty. A 500 gram serving goes for KSh. 900 and a 1 KG order comes with a serving of fre...

RE: Appointment as Ambassador of the Republic of Kenya to The United States of America

Image: South African marriage courtesy The Telegraph ( http://www.telegraph.co.uk/news/worldnews/africaandindianocean/southafrica/6237922/South-African-man-marries-4-women-at-same-ceremony.html  ) Dennis Kioko, Address Pending. President to-be-elect, Republic of Kenya, Address Pending, Again. Dear Sirs/Madams, RE: Appointment as Ambassador of the Republic of Kenya to The United States of America  I would like to draw your attention to news reported across various sections of the press (way behind your daily portraits on the front page) that several Missions to the country are equivalently vacant with the duty of appointed high commissioners having expired. This includes Kenya's High Commission to the United States of America. Among your first duties, having assumed duty as Kenya's president, duly elected or otherwise, will be to appoint commissioners to these missions. It is in this regard that I highly ...