The Law Society of Kenya (LSK) on Monday issued an ultimatum to the government to rescind the increase in the Road Maintenance Levy (RML). 

On July 14, the Energy and Petroleum Regulatory Authority (EPRA) made a Ksh7 increase in the Road Maintenance Levy from Ksh18 to Ksh25 per litre.

LSK President Faith Odhiambo termed the move unconstitutional as the increase did not pass through the requisite public participation as well as laid down rules. 

“The LSK calls for the immediate reversal of this unconstitutional and procedurally flawed action by the Ministry, failing which we will take such measures as may be necessary to ensure full compliance with the law by the Government,” LSK issued an ultimatum.

“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.”

According to LSK, the government did not act in good faith while increasing the Levy since former Roads Cabinet Secretary Kipchumba Murkomen had spoken contrary to the matter. 

Murkomen during the public participation exercise had assured Kenyans that the levy would only be increased if the government was certain that any revenue measures adopted would not result in a rise in the cost of living.

LSK termed the negation of that earlier promise as undermining the principles of transparency, accountability and public participation enshrined in the Kenyan Constitution. 

Faith Odhiambo further noted that during the public participation exercise, Kenyans overwhelmingly stated that an increase in the levy would further exacerbate the cost of living in the country.

“Public participation is a fundamental requirement in the law-making process in Kenya and must be substantive and not merely a procedural formality,” the statement from LSK read in part. 

LSK further held the view that no levy can be imposed, waived or varied without accompanying parliamentary legislation. 

“The revision of RML without proper Parliamentary scrutiny constitutes a blatant breach of this constitutional provision,” Faith Odhiambo noted while issuing the ultimatum.

LSK further revealed that the RML was increased without the proper procedural publication in the Kenya Gazette, as required under Section 3 of the Road Maintenance Levy Fund Act, 1993.