Petitioner challenging increase in road maintenance levy withdraws case
Kenyans have been left on their own after a petitioner who challenged the government’s move to increase the Road Maintenance Levy on fuel from Sh18 to Sh25 per litre withdrew the case.
The reasons for the withdrawal by taxi driver George Odhiambo Juma, who filed the case, were not immediately clear, however, NTV has engaged court officials for his application, which was not in the file containing the ruling.
Court records show that Mr Juma moved the court through another application to withdraw the case less than a week after securing orders that barred the government from increasing the levy.
Justice Gregory Mutai granted Mr Juma’s application to withdraw the case, having received no opposition from the parties involved in the dispute.
“The respondents do not oppose the withdrawal of the petition. In the circumstances, the court endorses the withdrawal. Consequently, the petition is hereby marked as withdrawn with no orders as to costs. The court filed shall be closed forthwith,” Justice Mutai said in an order dated August 19.
Court records indicate that Mr Juma filed a notice to withdraw the case on August 16. The application faced no opposition.
Three days later, the court granted the application and closed the file.
Mr Juma had filed the petition on August 2, while the Road Maintenance Duty Fund (Imposition of Levy) Order, 2024, became effective on July 15, raising the fuel levy from Sh18 to Sh25 per litre.
In his petition, the taxi driver lamented that the government imposed the new levy increase without adequate public engagement.
The petitioner claimed that the public participation conducted on July 8 was a “mirage” due to a lack of genuine participation.
According to the petitioner, the government had on June 25, issued a notice inviting public engagement in the revision of the Road Maintenance Levy Fund Order, 2016.
The Ministry of Roads and Transport issued a notice inviting members of the public and stakeholders to various public involvement exercises slated for July 8, 2024, in 10 designated regions around the country.
“These ten public participation centres or venues were very few and covered wide catchment areas. This impeded public participation because many Kenyans could not afford to travel to those selected and designated centres to express their views,” he said.
The petitioner further claimed that President William Ruto’s administration only scheduled one day for the exercise, which was insufficient. He was unable to participate since he was transporting passengers on that day.
“If the respondents had scheduled more days for public participation, I would have had a chance to express my views, and so would many Kenyans,” he told the judge.
The petitioner contended that many Kenyans are currently experiencing economic hardship, and that increasing the fee would be an unfair burden.
“The levy imposed by the government is unreasonable in these harsh economic times and is out of touch with the reality on the ground, a fact that the respondents are aware of but have ignored,” he said.
The petitioner alleged in court filings that former Roads Cabinet Secretary Kipchumba Murkomen (currently CS for Sport) indicated that the government would make a decision based on public recommendations, who opposed an increase in the fuel levy.
According to a statement from the Roads Ministry, the country is facing a Sh78 billion road maintenance deficit this fiscal year alone.
The ministry added that if the current trend continues, the shortfall is expected to reach Sh315 billion by the fiscal year 2028/2029.
However, the petitioner claimed that the government failed to educate the public about the planned increase’s rate, rationale, and ramifications.
“The call for the public to submit views and memoranda was not effective because the public remained largely unaware of the process. For instance, the petitioner was not made aware of why there was a need to increase the levy,” he stated in the court documents.
On August 14, the court issued temporary orders restraining the government from implementing and enforcing the Road Maintenance Levy Fund (Imposition) Order 2024, after considering Mr Juma’s arguments.
However, this temporary restraining order was short-lived after the petitioner chose to withdraw the case before it could be fully heard.
bocharo@ke.nationmedia.com
Shows
See AllAM Live
AM Live is NTV's morning current affairs show that sets the agenda for the day with insightful panels every weekday.
Business Redefined
Business Redefined is Kenya’s premier thought leadership platform for unpacking matters regarding economic and finance policy as well demystifying complex developments in the region’s capital markets.
Comedies
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Documentaries
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Entertainment
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Full Episodes
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Gumzo La Sato
Gumzo La Sato is a live social issues show that aims to create awareness about issues affecting the larger society. The discussions range from Parenting, Marital bliss and struggles, Oppression, violence, and all matters of the Heart.
Health Diary
Health Diary is a weekly show that highlights different types of diseases/conditions and seeks ways to prevent, treat/manage them. The show debunks this through real life stories and also feature specialists in different fields, to offer medical advice on the same.
Letter To My Younger Self
Letter To My Younger Self is a podcast where guests get to write a letter to their younger self, from which Maxine formulates questions to ask them during the hour-long show.
Nation Reports
Nation Reports is a weekly podcast offers an opportunity for listeners to interact with various reporters and journey with them as they unravel the biggest most emotive stories.
One Health Lens Podcast
Discussing health matters and human stories from Kenya and across Africa. We talk big picture from people to policy, ecosystems, and everything in between. Follow us on LinkedIn: https://www.linkedin.com/company/onehealthlens
Paradise Lost
Paradise Lost peeks through the story of Louis Otieno, the times, and everything in between.
Primetime
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Speaking of GEN Z
Speaking of Gen Z brings you entertaining but meaningful conversations about a generation that is trying to navigate through adulthood. Join hosts Michelle, Jackie and Esther as they unravel all things Gen Z.
Sport On
Sport-On is a 30-minute sports magazine show on NTV and 3 hours on NATION FM. The show seeks to give the sports “fanatics” and “funatics” comprehensive and in-depth coverage of sports both locally and internationally.
Tech-over
The extent of technological growth is beyond mere acknowledgment; it has seamlessly integrated into our daily existence. A few years ago, the notion of paying electricity bills through mobile money or recharging with 'tokens' in Kenya seemed inconceivable. Online product sales were considered distant, and artificial intelligence is rapidly reshaping various facets of our lives. Amidst these technological leaps, those with a solid understanding of tech can navigate challenges, seize opportunities, and build a sustainable livelihood. Tech over Show aims to be the platform facilitating discussions among thought leaders, innovators, tech companies, and the government, addressing challenges and opportunities in Kenya's thriving tech industry.
Thamani
Thamani is a business show which is dedicated to emerging issues regarding micro, small and medium size businesses.
The Politalk podcast
This is The Politalk podcast. Here we look into the ins and outs of everything Kenyan politics. We pull no punches and have no reason to sugarcoat anything that matters to Kenyans.
The Trend
A two-hour-long live show that airs on Fridays. The show focuses on what is current in the entertainment industry, controversial and popular across all media platforms targeting those aged between 25 and 35 years.
The trend podcast
The trend podcast highlights and captures the best of banter from #TTTT segment that airs every Friday on NTV. It's the TTTT EXTRA
The Wicked Edition
The Wicked Edition with Dr. King’ori seeks to address serious issues through humour and relatable wit. It is a two-part half hour show filmed in front of a live audience
Trending
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Twende
Twende is a travel show that highlights beautiful, unique, diverse locations, people, and cultures. The show offers fresh perspectives on familiar locations and memorable experiences in new ones.
Unscripted
This Saturday evening lifestyle show lets viewers share their stories and life experiences as openly & honestly for the purpose of shifting the culture of silence.
VIP Access
VIP ACCESS is Anyiko Owoko’s YouTube and podcast show on Music and Culture dedicated to promoting Africa’s most promising talent and creatives. This podcast grants you VIP access into timeless interviews while providing a platform for rising as well as established artists across the continent. Since launching in 2018, Anyiko has interviewed over 70 African music stars.
WADR
This weekly news show aims to have all sides of debate but not be constrained by it, listen to main voices in the contest but not allow them to hold the viewers hostage, entertain debate but allow push back with all due respect.
When death do us part
In this podcast, three widowers openly speak about the process of grief, how they found themselves exposed to the emotional turmoil of losing their wives, and how society still does not know how to deal with them.
Your World
Your World is a health, wellness and variety show. It provides a platform for audiences and experts to share their experiences on how to improve or manage health issues, across Kenya and the Africa region.