Editor's Review

“The LSK calls for the immediate reversal of this unconstitutional and procedurally flawed action by the Ministry."

The Law Society of Kenya (LSK) has slammed the government over the move to increase the Road Maintenance Levy (RML) from Sh 18 to Sh 25 per liter.

In a statement on Monday, July 22, LSK President Faith Odhiambo demanded for immediate reversal of the increase terming it unconstitutional.

Odhiambo threatened to take legal action against the state if the move was not reversed.

“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 LSK president noted that the government contradicted former Transport CS Kipchumba Murkomen who had assured Kenyans that the RML would not be increased.

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Odhiambo also pointed out that the government did not carry enough public participation before increasing the RML by Sh 7.

File image LSK President Faith Odhiambo

“The public was unequivocal in its views that an increase in the RML would further exacerbate the cost of living in the country. 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 stated.

Odhiambo also cited a High Court ruling in the case of Aura versus Cabinet Secretary, Ministry of Health, and 11 others where the court ruled leaders must consult the people before making decisions that affect them.

Further, the LSK President observed 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,” Odhiambo remarked.