A legal case challenging the government’s decision to increase the road maintenance levy has been withdrawn.
Lawyer for the petitioner, George Odhiambo Juma, who challenged the increase in the road maintenance levy from Ksh 18 to Ksh 25, did not provide a reason for his decision to withdraw the case.
This lack of explanation leaves many questioning the motivations behind the abrupt change and the implications for the ongoing discourse surrounding fuel levies and their impact on consumers.
The development follows a recent decision by the Mombasa High Court, which temporarily prevented the government from increasing the Road Maintenance Levy Fund (RMLF).
“Pending the hearing of the Notice of Motion dated 2nd August 2024 interprets, 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,” reads the order.
The levy shot up from Ksh18 in the June-July cycle to Ksh25 despite nationwide public participation which contested the increment and an assurance from former Transport CS Kipchumba Murkomen that they will heed the recommendations made by Kenyans.
When the Levy was Increased
RMLF is charged at the pump for every litre of petrol or kerosene that a motorist purchases.
Murkomen on July 10 gazetted the increase of the levy by Ksh.7 per litre making it the first time the levy was hiked since 2016.
Also Read: KeNHA Clarifies on How Road Maintenance Levy Funds Will Be Spent
According to Murkomen, it was unreasonable for the government to spend billions of shillings constructing roads and fail to maintain them.
He explained that the intended fuel levy was the government’s plan to raise the maintenance deficit of Ksh.78 billion for the financial year 2024/2025 and the figure is expected to rise to Ksh.315 billion by FY 2028/2029.
Furthermore, the National Assembly approved a report from Ministry of Finance and National Planning, which recommended raising the levy from Ksh18 to Ksh25 per litre on all petroleum fuels.
KeNHA Explains How Road Maintenance Levy is Used
The Kenya National Highways Authority (KeNHA) earlier clarified on the importance of RMLF in improving road infrastructure across the country.
KeNHA stated that the levy is used to improve existing roads to quality standards, ensuring safety and reliability for all users.
Also Read: KeNHA Explains Reasons for Proposing Toll Fees on 6 Other Major Roads
The Kenya Roads Board (KRB) is responsible for collecting the levy and distributing it to road agencies, including KeNHA, Kenya Urban Roads Authority (KURA), Kenya Rural Roads Authority (KERRA), and Kenya Wildlife Service (KWS).
The authority explained that the levy, which is primarily collected from fuel taxes, is designated for routine maintenance, repairs, and rehabilitation of existing roads across the country.
KeNHA has also proposed the introduction of toll fees on roads Thika Superhighway, Nairobi Southern Bypass, and Nairobi-Nakuru-Mau Summit Highway.
Other roads that will be considered for the proposal include Kenol-Sagana-Marua Road, Mombasa Southern Bypass and the newly opened Dongo Kundu Bypass.
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