Drop the new fuel levy
What you need to know:
- The decision to raise the fuel levy has sparked a national uproar.
- The Law Society of Kenya wants the immediate reversal of the levy.
The Law Society of Kenya (LSK) has added its voice to the public protest against a Sh7 fuel levy increase, which it has denounced as illegal.
LSK president Faith Odhiambo wants the Road Maintenance Levy (RML) withdrawn, accusing the government of ignoring public feedback on the matter.
The decision to raise the fuel levy has sparked a national uproar, as the people had rejected the proposal in a public participation session.
And former Transport Cabinet Secretary Kipchumba Murkomen had hinted that the government would consider an alternative.
At a time when businesses and households are facing severe financial strain, raising the Road Maintenance Levy (RML) by 39 per cent to Sh25 on a litre of petrol and diesel is going to compound the situation.
Indeed, the Energy and Petroleum Regulatory Authority (Epra) has already included the increase in its current pricing cycle despite reservations, reportedly, even in the Transport ministry itself. This is a betrayal of the people, who eagerly participated in the public participation.
Immediate reversal
It is the surest way to undermine a procedure that ensures that the people are involved in arriving at decisions that directly affect them.
Public participation is one of the most progressive provisions of the 2010 Constitution that enables the people to be fully involved in determining the implementation of government policies and programmes.
Now, the LSK wants the immediate reversal of the levy, whose implementation it finds to be “unconstitutional and procedurally flawed.”
Ms Odhiambo has also said there is no proof that the amendment to the Road Maintenance Levy Fund (Imposition of Levy) Order, 2016 was laid before Parliament as required by the Statutory Instruments Act.
We fully agree with the LSK on the need to ensure full compliance with the law in making such key decisions.
Any action that undermines the transparency, accountability and the principle of public participation that is guaranteed by the Constitution should be rejected.
