Kenyans received a temporary reprieve as the Mombasa High Court issued an order halting the enforcement of the newly increased Road Maintenance Levy Fund.
In a significant legal development, the Energy and Petroleum Regulatory Authority (EPRA) has been temporarily barred from implementing the newly increased Road Maintenance Levy Fund from Sh18 to Sh25 per liter, a move that was met with widespread concern over the potential spike in fuel prices.
The legal action was initiated by George Juma, who filed an urgent application challenging the levy hike. Justice Gregory Mutai, acknowledging the urgency and potential impact of the new levy on the public, certified the case and granted a temporary injunction against EPRA’s enforcement of the increased charge.
“Pending the hearing of the Notice of Motion dated August 2, 2024, a conservatory order is hereby issued, restraining the respondents, either jointly and or severally, whether by themselves, their officers, agents, employees or other person or entity acting under the respondents’ instructions, from implementing and enforcing the Road Maintenance Levy Fund (Imposition) Order 2024,” the order reads.
In his submission, Juma argued that the hike was not only burdensome but also lacked transparency in its justification. He contended that the levy fund was enacted without meaningful public participation.
The petitioner argued that the levy increase was both unjustified and would place an undue financial burden on motorists and the general public.
The court’s decision to intervene has been seen as a victory for ordinary citizens, many of whom feared the additional financial strain that the new levy would impose.
This case highlights the growing trend of citizens taking legal action to challenge government policies that they deem detrimental.
The court’s order is a significant step in ensuring that any such policies are scrutinized for fairness and transparency before they are implemented.
As the case moves forward, the outcome could set a precedent for how similar levies and taxes are imposed in the future, particularly in a context where the public is increasingly sensitive to rising costs of living.
On July 14, 2024, EPRA announced an increase in the RML from Ksh18 to Sh25 per litre.
Initially, the levy was set at Ksh18 per litre but the Kenya Roads Board (KRB) proposed a 39 per cent increase.
