Currently, the government's annual budget for road projects is capped at Sh55 billion.
The case that is filed under a certificate of urgency also has Issa Elanyi Chamao, Patrick Ekirapa, Paul Kirui and International Legal Consultancy Group as complainants.
The levy collected from each litre of fuel purchased in Kenya, saw a hike in July 2024 when EPRA raised the levy from Sh18 to Sh25 per litre.
The levy rose by 39 per cent per litre, from Sh18 to Sh25. The increase caused fuel prices in the country to rise by approximately Sh8 per litre.
The proposal has since triggered public outcry due to fears that it will increase fuel prices and result in a further rise in the cost of living.