The Law Society of Kenya (LSK) has expressed concern over the recent increase in the Road Maintenance Levy (RML) from Ksh 18 to Ksh 25 per liter, terming it as illegal and lacking transparency.
In a press statement made on July 22, LSK President, Faith Odhiambo, noted that the increase directly contradicts assurances made by former Transport Cabinet Secretary, Kipchumba Murkomen, who had stated that the RML would not be raised to avoid burdening Kenyans with the high cost of living.
LSK argues that the price increase was not founded on proper law and undermines the principles of transparency, accountability and public participation as enshrined in the Constitution.
“The LSK finds this development to be in bad faith and not founded on proper law. It undermines the principles of transparency, accountability and public participation enshrined in our Constitution,” read the statement in part.
Furthermore, the Society criticized the Ministry of Roads and Transport for failing to adequately incorporate the public’s feedback, which overwhelmingly opposed raising the levy.
LSK Faults the Transport Ministry for Their Disregard of Public Views
“The public was unequivocal in its views that an increase in the RML would further exacerbate the cost of living in the country.”
LSK noted that the Transport Ministry’s total disregard of public sentiments undermined the public’s role in governance and policymaking as outlined in the Constitution.
“This omission constitutes a total disregard for and neglection of the public’s role in governance and policy-making processes, as outlined in Article 10 of the Constitution, which emphasizes public participation as a fundamental component of the national values and principles of governance binding all state organs, state officers and public officers,” noted LSK.
Also Read: Govt Makes U-Turn, Increases Road Maintenance Levy
Importance of Public Participation in the Law-Making Process
Additionally, the society emphasized that public participation was a fundamental requirement in the county’s law-making process and insisted that it should be substantive rather than a mere formality.
LSK further stressed that public views must be genuinely considered, and if any are dismissed, clear explanations should be provided.
“Effective public participation must ensure that the views of the public are considered and where they are to be rejected or declined, reasons for such rejection and dismissal should be clearly stated,” said LSK.
Furthermore, the LSK asserts that all taxes, including levies, can only be imposed, waived or varied by way of legislation by Parliament, which has not happened in this case.
“The revision of RML without proper Parliamentary scrutiny constitutes a blatant breach of this constitutional provision.”
Lack of Proper Gazette Publication of the Road Levy
They also note that the revision of the RML lacks proper procedural publication in the Kenya Gazette, as required by the Road Maintenance Levy Fund Act, 1993.
According to LSK, there has been no public issuance of the order for the RML increase by the Government Press to date, therefore raising questions about the existence of the gazette notice, which suggests that the increase is illegal.
Also Read: Ruto Speaks on Increased Road Maintenance Levy After Public Uproar
“Moreover, even if a Gazette Notice was issued in accordance with Section 3 of the Roads Maintenance Levy Fund Act, there is no proof or indication that the amendment to the Road Maintenance Levy Fund (Imposition of Levy) Order, 2016, has to date been laid before Parliament as required by the Statutory Instruments Act.”
In light of these concerns, the LSK has called for an immediate reversal of what it terms as an “unconstitutional and procedurally flawed action” by the Ministry.
They have warned that if this does not happen, they will take necessary measures to ensure the Government complies with the law.
The LSK reiterated their commitment to upholding the principles of transparency and public participation, stating they will not tolerate any actions that undermine these fundamental values.
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