Faith Odhiambo
Faith Odhiambo
The Law Society of Kenya (LSK) has demanded the immediate reversal of the decision to increase the Road Maintenance Levy (RML).
In a statement on Monday, July 22, LSK said the increase of the RML from Sh 18 to Sh 25 per liter is unconstitutional.
The society warned the state that failing to comply would result in legal action taken to ensure compliance.
“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,” read the statement in part.
The Society mentioned that the government did not act in good faith when it raised the levy, as former Roads Cabinet Secretary Kipchumba Murkomen had made statements to the contrary.
“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 said.
LSK also claimed that the government did not carry enough public participation before increasing the RML by Sh 7.
The Society also pointed out that the RML was increased without proper Parliamentary scrutiny.
“We note 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.
“To date, the order for the increase of RML is yet to be issued publicly by the Government Press, begging the question as to whether a gazette notice in fact exists. This would mean that the RML increase is manifestly illegal,” LSK added.
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