Even before settling of contraband sugar debacle, Treasury Cabinet Secretary Henry Rotich may find himself behind bars over fuel tax.

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A lobby group obtained order at Kisumu High Court ordering Mr. Rotich and ERC to appear for contempt of charges.

Sumawe Youth Group had managed last week to obtain an order barring ERC and treasury from implementing 16% VAT on fuel.

Lawyer Ken Omondi on petitioners told Justice Fred Ochieng that the two entities were duly served with court orders last week.

“The ERC director has confirmed in the press that he has knowledge of the order through scanned copies,” said Mr Amondi in court.

“That is enough my Lord, they ought to have implemented orders of the court, because they have confirmed receiving them.’’

Despite the court order, Rotich directed ERC to implement the fuel tax thus leading to contempt of court charges.

Should Rotich be found guilty, he could be the second sitting minister after Fred Matiang'i to be convicted by a court of law.