A High Court ruling has temporarily halted the government’s decision to increase the Road Maintenance Levy Fund (RMLF) from Sh18 to Sh25 per litre of petrol or kerosene.

The order follows a petition filed by George Odhiambo Juma, who argued that the levy hike, which took effect in July, was unconstitutional due to insufficient public participation.

In a conservatory order issued on August 2, 2024, the court restrained the government from implementing and enforcing the increased levy pending the hearing of the case.

“Pending the hearing of the Notice of Motion dated 2nd August 2024 interprets, a conservatory order is hereby issued, restraining the Respondents, either jointly and or severally, whether by themselves, their officers, agents, employees or other person or entity acting under the Respondents' instructions, from implementing and enforcing the Road Maintenance Levy Fund (Imposition) Order 2024," ruling read.

The Road Maintenance Levy is a tax imposed on fuel purchases to fund road infrastructure improvement.

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The Kenya National Highways Authority (KeNHA) maintains that the levy is essential for maintaining road safety and reliability.

However, Juma’s petition challenges the government’s handling of the levy increase, asserting a lack of democratic process in the decision-making.

The outcome of the case will determine the legality of the increased levy and its potential impact on motorists.