High Court Blocks Government From Raising Road Maintenance Tariff

What you should be aware of:

• KeNHA said in a statement on Tuesday that a policy would be created after significant public input to guarantee that all interested parties could voice their opinions.

The government’s attempt to raise the road maintenance levy has been halted by the High Court while a Mombasa resident’s case is heard and decided.The road maintenance levy was raised from Sh18 per litre to Sh25 by the Road Maintenance Levy Fund Order, 2024.The ruling was issued in response to a petition filed by cab driver Mr. George Odhiambo Juma, who claimed that the rule was passed without significant public input.

“That pending the hearing of the Notice of Motion dated 2nd August 2024 inter-partes, 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,” Justice Gregory Mutai said.

The judge directed the case to be heard on August 28 before the Presiding Judge Olga Sewe

Mr Odhiambo said the government published a notice on June 25, 2024 calling for public participation on the review of the Road Maintenance Levy Fund Order, 2016.

The Ministry of Roads and Transport issued a notice inviting the general public and stakeholders to a variety of public involvement events, which were set for July 8, 2024, in ten national regions of choice.
The public participation, according to Mr. Odhiambo, took place on July 8, but it was a “mirage” because there was no significant public participation.

“The ten public participation centres or venues were very few and covered wide catchment areas. That impeded public participation because many Kenyans could not afford to travel to those selected and designated centres to give their views,” he said.

Many Kenyans, according to Mr. Odhiambo, are currently going through difficult financial times, so raising the charge would be unfair.
In the tough “economic times and not in touch with the reality on the ground, a fact which the respondents are aware of but ignored,” he said, the government’s charge is unjustified.

He stated that previous Roads CS Kipchumba Murkomen, who is currently Sports CS, had promised the government that it would make a decision that complied with popular suggestions and was opposed to raising the fuel tax.

According to a statement made by Mr. Murkomen, the nation is facing a SH78 billion maintenance deficit for the current fiscal year alone. According to the trend, he said, it was predicted that the difference would have increased to Sh315 billion by the 2028–2029 fiscal year.
According to Mr. Odhiambo, the public was not made aware of the rate, justification, and implications of the proposed increase by the government.
Because the public is still mainly unaware of the procedure, the request for opinions and memoranda from the public proved ineffective. For example, the petitioner was not informed of the rationale behind the levy increase, he claimed.