Justice Gregory Mutai approved Odhiambo’s request after the respondents in the case failed to oppose the petitioner’s decision.
Kenyan motorists have been effectively left in the cold following the withdrawal of a legal case challenging the government’s decision to increase the Road Maintenance Levy (RML) by Ksh7.
The lawyer for the petitioner, George Odhiambo Juma, who challenged the increase in the road maintenance levy from Ksh18 to Ksh25, withdrew the case challenging the levy two weeks after he filed the petition at the High Court in Mombasa, without giving a reason for the move.
This lack of explanation leaves many questioning the motivations behind the abrupt change and the implications for the ongoing discourse surrounding fuel levies and their impact on consumers.
Justice Gregory Mutai consequently approved Odhiambo’s request after the respondents in the case failed to oppose the petitioner’s decision.
Image of a court gavel. /VIRAL TEA KE
“The respondents do not oppose the withdrawal of the petition. In the circumstances, the court endorses the withdrawal,” Justice Mutai announced.
“Consequently, the petition is hereby marked as withdrawn with no orders as to costs. The court filed shall be closed forthwith.”
On August 15, the Mombasa High Court stopped the government from increasing the RML after Odhiambo 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.
“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 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 Kenya National Highways Authority (KeNHA) had beforehand clarified the importance of RMLF in improving road infrastructure across the country, stating that the levy is used to improve existing roads to quality standards, ensuring safety and reliability for all users.
The Kenya Roads Board (KRB) is responsible for collecting the levy and distributing it to road agencies, including KeNHA, Kenya Urban Roads Authority (KURA), Kenya Rural Roads Authority (KERRA), and Kenya Wildlife Service (KWS).
The authority explained that the levy, which is primarily collected from fuel taxes, is designated for routine maintenance, repairs, and rehabilitation of existing roads across the country.
Ngong Road under construction in Kenya and EPRA’s logo (inset). /CONSTRUCTION KENYA.EPRA KENYA