Court temporarily stops government from increasing road maintenance levy

The high court has issued a conservatory order stopping the government from enforcing the road maintenance levy fund increase from Sh18 to Sh25 per litre pending the hearing of a petition challenging the increase of the charges.

The orders issued by Justice Gregory Mutai of the Mombasa High Court are directed to the Ministry of Roads, Kenya Roads Board, Energy and Petroleum Regulation Authority (EPRA) and the Attorney General who were listed as respondents in the suit.

Activist George Odhiambo had petitioned the high court to stop the imposition of the levy maintaining that the levy is unconstitutional, illegal and unreasonable for lack of adequate and meaningful public participation contrary to Article 10 of the constitution.

EPRA had on July 10, through a gazette notice, announced plans to increase the levy by Sh7 per litre.

The petitioner says the public participation conducted by the respondents on July 8 in 10 selected regions was not sufficient.

"The respondents published a public notice in the Daily Nation on June 25, 2024, through which they called for public participation in the review of the Road maintenance levy fund and invited members of the public for participation which was scheduled for July 8, 2024 in selected 10 regions nationally," the petitioner stated.

Odhiambo said the venues were very few and covered a wide catchment area.

He says that impeded many Kenyans from participation because many Kenyans could not afford to travel to those selected and designated centres to give their views.

The petitioner cited other reasons why many Kenyans were unable to attend the public participation forums including the fact that the respondents assigned only one day for the exercise, and venues were sparsely distributed and difficult to access.

Odhiambo also laments in the petition that the government announced the event only in newspapers which not very many Kenyans can afford, excluding other media.

"The (government) should have invited other means such as the radio, Television which have a wider reach," states Odhiambo, adding that the government had no genuine intention to host Kenyans for public participation.

"The call for the public to submit views and memoranda was not useful because the public remained largely ignorant of the process. For instance, the petitioner herein was not aware of why there was a need to increase the levy."