The Law Society of Kenya (LSK) has decried the latest Road Maintenance Levy (RML) increase as unlawful and unnecessary.
In a media statement, the LSK demanded an immediate reversal of the increase by the Ministry of Roads and Transportation and warned of potential legal action if their demands were not met.
This statement comes in response to the Energy Petroleum and Regulatory Authority's (EPRA) July 14, 2024, announcement, which included a slight decrease in petroleum prices. However, a deeper look into EPRA's cost breakdown revealed that the RML had increased from Kshs. 18 to Kshs. 25 per liter, contradicting earlier assurances.
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LSK President Faith Odhiambo voiced serious concerns over the lack of transparency and disregard for public participation in this decision. She highlighted that the increase contradicts the promises made by the former Cabinet Secretary for Roads and Transport, Hon Kipchumba Murkomen, on July 8, 2024, where he assured that the RML would not be increased.
Odhiambo emphasized that this increase undermines the Kenyan Constitution's transparency, accountability, and public participation principles. She noted that the Ministry of Roads and Transport failed to adequately incorporate public feedback during the consultation period despite clear public opposition to the increase.
"This omission constitutes a total disregard for and neglect of the public's role in governance and policy-making processes," stated Odhiambo, citing Article 10 of the Constitution, underscoring public participation as a key national value.
The LSK also referenced a recent High Court decision in Aura v Cabinet Secretary, Ministry of Health, which stressed the necessity of public consultation in legislative processes. The court ruled that leaders must consult the public before making impactful decisions.
The LSK argues that all taxes, including levies, must be imposed or altered by Parliament through legislation mandated by the Constitution. The unilateral increase in the RML without proper parliamentary oversight is a clear violation of this requirement
the LSK pointed out that the increase was not properly published in the Kenya Gazette, as required by the Road Maintenance Levy Fund Act of 1993, raising further legality concerns.
Odhiambo concluded by reaffirming the LSK's commitment to upholding transparency and public participation, vowing to oppose any actions undermining these fundamental values.
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