An activist has gone to court seeking a stay on the increase in the Road Maintenance Levy (RML) from Sh18 to Sh25 per litre announced by the Energy and Petroleum Regulatory Authority (Epra).
Mr Julius Ogogoh, in the petition certified as urgent by the High Court, said the Transport ministry failed to take into account feedback from the public before the increase.
The Mombasa-based activist said former Transport CS Kipchumba Murkomen had promised a month before the increase that the levy would not be adjusted upwards.
He said it was clear that Epra had failed to incorporate feedback received from the public during the consultation period.
“Public participation is a fundamental requirement in the law-making process, it should be substantive and not merely a procedural formality to be overlooked by the government,” he said.
Justice Bahati Mwamuye directed Mr Ogogoh to serve the court papers on Epra, Kenya Roads Board, the Attorney-General and the Ministry of Roads and Transport by August 2.
The case will come up for hearing on August 14.
The RML tax is levied at the pump and was previously set at Sh18 per litre of petrol and diesel, with Sh3 going to a pension fund and the balance to road maintenance, rehabilitation and development.
The state hopes to raise more than Sh115 billion from the higher RML by June next year to boost the pool of funds available to maintain the country’s 239,122 kilometre road network.
The National Assembly approved the report of the Ministry of Finance and National Planning, which recommended an increase in the levy under Section 3 of the Road Maintenance Levy Fund Act from Sh18 per litre on all petroleum fuels.
In a press statement, the regulator said the increase was inclusive of VAT in line with the provisions of the Finance Act, 2023, which revised excise duty rates.
Mr Ogogoh said before the announcement on July 14, 2024, the Roads Board was on record proposing an increase of about 39 per cent in the levy.
According to the petitioner, the decision undermined the principles of transparency, accountability and public participation as enshrined in the constitution.
