The ruling followed a petition by George Odhiambo Juma, who opposed the increase on the basis of a lack of public participation.
The government has been dealt a blow after the High Court in Mombasa issued orders temporarily barring its decision to increase the Road Maintenance Levy (RML) by Ksh7.
The ruling followed a petition by George Odhiambo Juma, who opposed the increase on the basis of a lack of public participation.
As a result of the petition, the High Court suspended the increase pending the hearing and determination of the case.
The Milimani Law Courts in Nairobi. /FILE
“Pending the hearing of the Notice of Motion dated 2nd August 2024 interprets, 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,” read the ruling in part.
The ruling came after uproar ensued last month from the public following the move to raise the RML despite reducing fuel prices for the month of July-August.
The pricing schedule released by the Energy and Petroleum Regulatory Authority (EPRA) showed that consumers would pay the RMLF from Ksh18 in the June-July cycle to Ksh25, affecting both consumers of Super Petrol and Diesel.
The increase came despite pronouncements by former Transport Cabinet Secretary (CS) Kipchumba Murkomen during public participation that the government would delay plans to hike the levy.
The now Sports CS, in a statement on July 8, noted that there had been a considerable increase in the country’s road network from 166,451km in 2016 to the current 239,122km which required regular maintenance from the Ksh18 provided for by the Road Maintenance Levy that has been in place for the last eight years.
According to the CS, the county is grappling with a maintenance deficit of Ksh78 billion this financial year alone. With the current trend, it is projected that by the Financial Year 2028/2029 this financing gap will rise to Ksh315 billion.
He added that most of these abandoned roads are under the Low Volume Seal programme which has never been maintained in the last 10 years and is on the verge of being wiped away altogether, hence, the Roads Maintenance Levy Review was intended to fill this gap.
“From the views we have received, many Kenyans are worried that an increase in the levy will result in a rise in the cost of living.
“With this in mind, we will analyse the reports received on email and social media platforms as well as the submissions made today, and come up with a decision that corresponds with the recommendations from the public,” he added.
Murkomen assured Kenyans that the government was exploring ways of getting the resources it needed to maintain roads, as expressed by members of the public, without raising the cost of living through an increase in petroleum prices.
On July 15, EPRA effected the increase marking a 39 per cent rise. Before that, the government had not revised the road maintenance levy since 2016.
Aerial view of Nairobi Expressway along Waiyaki Way, Westlands in this photo taken on April 16, 2022. /NATION MEDIA GROUP