The Law Society of Kenya (LSK) has issued a stern ultimatum to the government. The LSK demands the immediate reversal of the recent hike in the Road Maintenance Levy (RML).
Levy Increase Sparks Controversy
On July 14, the Energy and Petroleum Regulatory Authority (EPRA) raised the RML by Ksh7, from Ksh18 to Ksh25 per litre. LSK President Faith Odhiambo called the move unconstitutional. She stressed that the increase lacked the necessary public participation and adherence to established rules.
LSK’s Stance on the Levy
Odhiambo stated, “The LSK calls for the immediate reversal of this unconstitutional and procedurally flawed action by the Ministry. If not reversed, we will take necessary measures to ensure the government complies with the law.”
The LSK emphasized its commitment to transparency and public participation. They warned that any action undermining these values would not be tolerated.
Government’s Good Faith Questioned
The LSK criticized the government for acting in bad faith. Former Roads Cabinet Secretary Kipchumba Murkomen had assured the public that the levy would only increase if it didn’t raise the cost of living. The recent increase contradicts this promise.
The LSK argued that this action undermines the principles of transparency, accountability, and public participation outlined in the Kenyan Constitution.
Public Participation Overlooked
During public participation exercises, Kenyans expressed strong opposition to the levy increase. They warned it would worsen the cost of living. Odhiambo highlighted that public participation is crucial in Kenya’s law-making process. It must be substantive, not just a formality.
Legal and Procedural Concerns
The LSK noted that no levy can be imposed, waived, or varied without parliamentary legislation. The RML revision without proper parliamentary scrutiny breaches constitutional provisions. The LSK also pointed out that the increase was not properly published in the Kenya Gazette, violating Section 3 of the Road Maintenance Levy Fund Act, 1993.
The LSK remains firm in its demand for the government to reverse the RML increase. They will continue to fight for transparency, public participation, and adherence to constitutional provisions.