LSK calls for withdrawal of road levy
Law Society of Kenya President Faith Odhiambo.
What you need to know:
- The government implemented the Sh7 fuel levy increase, sparking a national uproar.
- LSK President Faith Odhiambo termed the increment as lacking in proper legal foundation.
The Law Society of Kenya (LSK) has demanded the withdrawal of the Road Maintenance Levy (RML) terming it illegal.
LSK President Faith Odhiambo has faulted the government for failing to incorporate public feedback which rejected implementation of the levy.
Ms Odhiambo said the levy’s implementation contradicted assurances by former Transport Cabinet Secretary Kipchumba Murkomen that the government would not implement it.
“The LSK calls for the immediate reversal of this unconstitutional and procedurally flawed action by the Ministry, failing which we will take such measures as may be necessary to ensure full compliance with the law by the Government,” Ms Odhiambo said in a statement on Monday.
Ms Odhiambo termed the increment as lacking in proper legal foundation.
“It undermines the principles of transparency, accountability, and public participation enshrined in the Constitution,” she said.
Last week, the government implemented the Sh7 fuel levy increase, sparking a national uproar as there was public participation and Kenyans rejected the levy increase proposal.
But the state went ahead and raised the RML by 39 percent to Sh25 per litre of petrol and diesel amid the outcry.
Consequently, the Energy and Petroleum Regulatory Authority went ahead and included the higher RML in the July 15 to August 14 petroleum cycle.
According to Ms Odhiambo, the Ministry of Roads and Transport failed to adequately incorporate public comments and feedback collected during the consultation period.
“Public participation is a fundamental requirement in the law-making process and must be substantive and not merely a procedural formality,” she said.
She further noted that the RML increase was implemented without the necessary procedural publication in the Kenya Gazette, as required under Section 3 of the Road Maintenance Levy Fund Act, 1993. She questioned whether a Gazette Notice was ever issued and labeled the increase as illegal.
“To date, the order for the increase of RML is yet to be issued publicly by the Government Press,” she said.
Moreover, Ms Odhiambo argued that there is no proof that the amendment to the Road Maintenance Levy Fund (Imposition of Levy) Order, 2016, has been laid before Parliament, as required by the Statutory Instruments Act.
“The LSK remains vigilant and stands firm in its commitment to uphold the principles of transparency and public participation, and will not tolerate any action that undermines these fundamental values,” she said.
