A High Court in Mombasa has blocked the government’s planned increase of the Road Maintenance Levy Fund (RMLF) by KES 7 per litre, following a petition that questioned the legality and public involvement in the decision-making process.
The interim ruling comes after petitioner George Odhiambo Juma challenged the levy hike, asserting that the government had failed to conduct adequate public participation, a constitutional requirement in Kenya.
The court’s decision temporarily halts the levy increase until the case is heard and resolved. In its ruling, the court issued a conservatory order, stating, “Pending the hearing of the Notice of Motion dated August 2, 2024, 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.”
The government’s decision to increase the RMLF from KES18 to KES25 per litre was met with widespread public backlash, with many arguing that it would disproportionately affect motorists and raise the cost of living. The levy, which is added to the price of every litre of petrol or kerosene, is intended to fund the maintenance and improvement of the country’s road infrastructure.
The Energy and Petroleum Regulatory Authority (EPRA) had announced the increase on July 14, 2024, as part of the government’s strategy to enhance the road maintenance fund. The Kenya National Highways Authority (KeNHA) supported the move, arguing that the additional funds were necessary to maintain and improve the quality, safety, and reliability of existing roads.
