NAIROBI, Kenya – The Law Society of Kenya (LSK) has denounced the recent Sh7 per litre increase in the Road Maintenance Levy (RML) as unconstitutional and is calling for its immediate reversal.
On July 14, 2024, the Energy Petroleum and Regulatory Authority (EPRA) announced the hike, raising the RML from Sh18 to Sh25 per litre.
However, LSK President Faith Odhiambo expressed grave concerns over the legality and procedure of this increase in a statement on Monday.
“The LSK calls for the immediate reversal of this unconstitutional and procedurally flawed action. Failure to do so will compel us to take necessary measures to ensure government compliance with the law,” Odhiambo stated.
The LSK argues that the hike directly contradicts previous assurances from former Roads and Transport Cabinet Secretary Kipchumba Murkomen, who had promised that the levy would remain unchanged.
Furthermore, the society asserts that the revision bypassed essential parliamentary scrutiny and lacked proper procedural publication in the Kenya Gazette, as mandated by Section 3 of the Road Maintenance Levy Fund Act, 1993.
Odhiambo emphasized that no evidence exists to show that the amendment to the Road Maintenance Levy Fund (Imposition of Levy) Order, 2016, has been presented before Parliament, as required by the Statutory Instruments Act.
This oversight, she noted, undermines constitutional principles of transparency, accountability, and public participation.
“The increase in the levy has yet to be issued publicly by the Government Press, making this action illegal,” Odhiambo said.
The LSK also criticized the Ministry of Roads and Transport for neglecting public feedback and failing to substantively incorporate the public’s comments during the consultation period.
Odhiambo underscored the importance of genuine public participation, asserting that dismissing public input without clear reasons undermines governance processes.
“The omission to consider public opinion exacerbates the cost of living and disregards the public’s role in governance and policy-making, as enshrined in Article 10 of the Constitution,” she added.
