LSK Slams Road Maintenance Levy Hike, Calls Move Illegal and Demands Immediate Reversal.

In a bold media statement released on Monday, the Law Society of Kenya (LSK) has vehemently condemned the recent increase in the Road Maintenance Levy (RML), describing the move as illegal and procedurally flawed. The society has demanded an immediate reversal of what it calls an unconstitutional action by the Ministry of Roads and Transportation.

The LSK has warned that failure to comply with their demands would result in legal action to ensure adherence to the law. This strong stance follows the Energy Petroleum and Regulatory Authority's (EPRA) announcement on July 14, 2024, which included a slight decrease in petroleum prices. However, a deeper look into EPRA's cost breakdown revealed that the RML had been increased from Kshs. 18 to Kshs. 25 per litre, defying previous assurances.

LSK President Faith Odhiambo.

LSK President Faith Odhiambo expressed grave concern about the lack of transparency and the apparent disregard for public participation in this decision. "This action directly contradicts the explicit assurances from the former Cabinet Secretary for Roads and Transport, Hon Kipchumba Murkomen, who, in an official statement dated 8 July 2024, reassured Kenyans that the RML would not be increased," the LSK stated.

President Odhiambo believes that the increase undermines the Kenyan Constitution's principles of transparency, accountability, and public participation. She noted that the Ministry of Roads and Transport failed to adequately incorporate public feedback during the consultation period, despite clear opposition from the public regarding the increase. "This omission constitutes a total disregard for and neglect of the public's role in governance and policy-making processes," Odhiambo stated, referencing Article 10 of the Constitution, which emphasizes public participation as a fundamental component of national values and principles of governance.

The LSK also cited a recent High Court decision in the case of Aura v Cabinet Secretary, Ministry of Health, and 11 others, which emphasized the importance of public consultation in the legislative process. The court stated, "It is no longer business as usual where our country's leaders are presumed to know what is best for the people. They must consult the people before making decisions that affect them."

Furthermore, the LSK contends that all taxes, including levies, must be imposed or varied by Parliament through legislation, as required by the Constitution. According to the LSK, unilateral increases in the RML without proper parliamentary scrutiny constitute a clear violation of this provision. Additionally, the LSK points out that the increase was not properly published in the Kenya Gazette, as required by the Road Maintenance Levy Fund Act of 1993, raising concerns about its legality.

"We, as the LSK, remain vigilant and stand firm in our commitment to uphold the principles of transparency and public participation, and will not tolerate any action that undermines these fundamental values," Odhiambo concluded.

As the debate over the RML increase intensifies, the public and legal observers alike will be closely watching the Ministry of Roads and Transportation's next steps. Will they heed the LSK's call for transparency and accountability, or will the matter escalate to the courts? Only time will tell.