The Law Society of Kenya (LSK) has taken a strong stance against the recent increase in the Road Maintenance Levy (RML), labeling it as both illegal and procedurally flawed. The demand for an immediate reversal of this increase comes in the wake of a controversial announcement by the Energy Petroleum and Regulatory Authority (EPRA) on July 14, 2024, which not only marginally decreased petroleum prices but also raised the RML from Kshs. 18 to Kshs. 25 per litre.
LSK President Faith Odhiambo has criticized the Ministry of Roads and Transportation for what she describes as an unconstitutional and unjustifiable move. Odhiambo emphasized that the increase directly contradicts assurances made by former Cabinet Secretary for Roads and Transport, Hon. Kipchumba Murkomen, who, on July 8, 2024, had publicly promised that the RML would not be increased. This discrepancy, according to Odhiambo, undermines the principles of transparency, accountability, and public participation enshrined in the Kenyan Constitution.
The LSK’s criticism is not just about the increase itself but also about the process that led to it. The society argues that the decision was made without adequate public consultation, a critical component of democratic governance. Article 10 of the Kenyan Constitution highlights public participation as a core national value, and the LSK contends that the Ministry of Roads and Transport’s failure to incorporate public feedback into their decision-making process represents a blatant disregard for this principle.
Adding weight to their argument, the LSK points to a recent High Court ruling in the case of Aura v. Cabinet Secretary, Ministry of Health, and others, which underscored the necessity of public consultation in legislative processes. The court’s decision reflects a growing judicial emphasis on ensuring that citizens have a voice in decisions that affect their lives, reinforcing the LSK’s call for a reversal of the RML increase.
Furthermore, the LSK is questioning the legality of the increase, highlighting that it was not published in the Kenya Gazette, a requirement under the Road Maintenance Levy Fund Act of 1993. This lack of proper publication raises serious concerns about the legitimacy of the levy adjustment. The LSK asserts that all taxes and levies must be legislated by Parliament, and unilateral increases without parliamentary scrutiny violate constitutional provisions.
The LSK’s position reflects broader concerns about governance and the role of public involvement in policy-making. By challenging the increase, the society is not only advocating for legal compliance but also emphasizing the importance of maintaining public trust in government processes. The call for reversal serves as a reminder of the need for transparency and accountability in the administration of public funds and policies.
As the situation unfolds, the LSK has warned that failure to address their concerns could result in legal action. This strong stance highlights the society’s commitment to upholding democratic principles and ensuring that government actions align with constitutional requirements.
In summary, the LSK’s demand for the reversal of the RML increase underscores a critical debate about governance, transparency, and public participation in Kenya. The society’s efforts reflect a broader movement towards ensuring that government decisions are made with due regard for legal and constitutional standards, reinforcing the need for accountability in public administration.
