LSK demands the withdrawal of Road Maintenance Levy » Capital News

NAIROBI, Kenya, Jul 22 – The Law Society of Kenya (LSK) has expressed grave concern over the recent increase in the Road Maintenance Levy (RML), calling it illegal and lacking transparency.

In a statement, LSK President, Faith Odhiambo highlighted that the increase in RML was not procedurally published in the Kenya Gazette, as required under the Road Maintenance Levy Fund Act 1993.

“Moreover, even if a Gazette Notice was issued in accordance with Section 3 of the Roads Maintenance Levy Fund Act, there is no proof or indication that the amendment to the Road Maintenance Levy Fund (Imposition of Levy) Order, 2016, has to date been laid before Parliament as required by the Statutory Instruments Act,” Odhiambo said.

This comes after the Energy Petroleum and Regulatory Authority, (EPRA), on July 14, 2024, revealed a marginal decrease in petroleum prices which contradicted from the analysis of EPRA’s press release showing an alarming increase in the RML from Sh18 to Sh25 per litre.

“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,” Odhiambo stated.

LSK president criticized Murkomen’s failure to incorporate public feedback during the consultation period, saying it was an act of neglection thereby violating the constitutional requirement for substantive public participation in the law-making process.

“The Ministry of Roads and Transport has failed to adequately incorporate the public’s comments and feedback, which were solicited during the consultation period. The public was unequivocal in its views that an increase in the RML would further exacerbate the cost of living in the country,” Odhiambo noted.

“This omission constitutes a total disregard for and neglection of the public’s role in governance and policy-making processes, as outlined in Article 10 of the Constitution, which emphasizes public participation as a fundamental component of the national values and principles of governance binding all state organs, state officers and public officers,” she added.

Additionally, Odhiambo referenced a recent High Court judgment that emphasized the importance of consulting the people before making decisions that affect them, underlining the sovereignty of Kenyan citizens in the law-making process.

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LSK condemned the illegal increase in RML and called for adherence to constitutional procedures and transparency in decision-making processes, urging the government to address these concerns promptly and ensure that public participation is respected in matters affecting citizens’ livelihoods.

“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,” the Society remarked.

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