A petitioner who challenged the government’s decision to raise the Road Maintenance Levy on fuel from Kes.18 to Kes.25 per litre has withdrawn the case.
Taxi driver George Odhiambo Juma, who filed the lawsuit, did not provide immediate reasons for his withdrawal. Notably, his application to withdraw was absent from the ruling file.
Court records indicate that Juma submitted a notice to withdraw the case on August 16, less than a week after he secured an order temporarily blocking the government from increasing the levy. Three days later, the court granted the withdrawal and closed the file.
Justice Gregory Mutai approved the application, citing a lack of objections from the parties involved in the dispute.
“The respondents do not oppose the withdrawal of the petition. In these circumstances, the court endorses the withdrawal. Consequently, the petition is hereby marked as withdrawn with no orders as to costs. The court file shall be closed forthwith,” Justice Mutai stated in an order dated August 19.
On August 15, the court issued temporary orders restraining the government from implementing the Road Maintenance Levy Fund (Imposition) Order 2024 after considering Juma’s arguments. Juma had claimed in court that the government failed to conduct adequate public participation regarding the hike.
However, the temporary restraining order was short-lived as Juma chose to withdraw the case before it could be fully heard.
The government implemented the increase in July, with the Energy and Petroleum Regulatory Authority (EPRA) announcing the change on July 14, 2024, to enhance the road maintenance fund.
The levy applies at the pump for every litre of petrol or kerosene purchased, with KeNHA arguing that the funds improve existing roads, maintaining their quality, safety, and reliability for all users.
