Kenyans have been left to fend for themselves after a petitioner challenging 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 but Nation.Africa has contacted court officials for his application which was not in the file containing the ruling.
Court records show that less than a week after Mr Juma obtained an order stopping the government from increasing the levy, he made another application to the court to withdraw it.
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 Consequently, the petition is hereby marked as withdrawn with no orders as to costs.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.
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.
