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

Beers in Kenya: A sober opinion

Note: This is a dated post and has since been mostly passed by events. SAB Miller beers including Castle and Peroni are no longer widely available in Kenya after their exist. Sirville Brewery was bought out by Brew Bistro before being permanently shut in a tax dispute. Kenya is a land of milk, honey, beaches and taxes. I have penned, or is typed, a newer post here .  Peroni - One of the best beers in Kenya. Did a taste of canned and bottled Italian, and bottled Tanzanian I like the tangy flavour and body in Tanzanian Peroni. The can is close. Heineken drinkers will like the Italian one.  I have had a short beer swigging stint in my life. It has however been long enough for me to share my opinion of Kenyan beer. Interestingly, over the course of sharing such opinions with other drunkards connoisseurs,  I have found that we all have different views as to what beer is the best, which one makes you too drunk, or which one gives one free, extra hangover for every ha...

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...

How to Make Your Own Sparkling Water

Buying your own kit means you need to carbonate it in a fridge or freezer since Carbon Dioxide best dissolves at temperatures around zero.  I have been making my own sparkling water for about a month now.  It started with a love for carbonated water, but being appalled by the price - about KSh. 80 per 700 ml recyclable glass bottle. Sparkling water is sold as a premium drink.  This got me researching into what it really takes to make your own sparkling water. 

Lusaka and Livingstone Zambia to Namibia By Road

Zambia is a pretty large country,  an exciting one and with no shortage of potholes.  For instance, take the direct route from Lusaka - Livingstone to Namibia through the Sesheke - Katima Mulilo border crossing. Typically, roads are either good or tend to have potholes here and there. However, the last 120 kilometres of the Livingstone to Sesheke/Katima Mulilo route are best described as potholes dotted by some road here and there for the just thirty kilometres past Kazungula town, which is also the Zambia - Botswana border crossing.  Trying to drive to Sesheke is so bad it will take you anywhere between 4 hours to 6 hours to navigate those 100 kilometres. You may or may not have your dignity at the end and your vehicle may be in more than one piece.  If you really must use the Sesheke - Katima Mulilo crossing as of December 2022, then take the 900 kilometre longer detour from Lusaka to Mongu then back to Katima Mulilo. It doesn't guarantee you absence of potholes, b...

Beers of Kenya. The Ultimate 2019 Guide

Four years ago, precisely in 2015, I wrote about beer in Kenya in what has gone on to be my most popular post this year with more than 5,000 people reading it. It seems that there is a lot of interest in exploring beer in Kenya, which is understandable. The brewing sector has grown since then and we now have lots of options, which means it is time for another review. Back in 2015, Kenya had one major brewer - EABL/KBL, challenged by Keroche and Sierra which is more of a small volume craft brewer, and arguably Kenya’s first craft brewery. It had also been joined by Brew Bistro which mostly sells its malted stuff at its outlets in Nairobi and later by Sirville, a bar located at Galleria Mall. Sirville was later sold to Brew Bistro and converted to the latter for a while, before shutting down in what is alleged to be a tax dispute.