Naema Celestine 
By Derrick Wanjala
Nairobi, Kenya (July 14, 2024) – The Energy Petroleum and Regulatory Authority (EPRA) has announced new fuel prices set to take effect at midnight and remain in place until August 14.
The announcement includes a reduction in prices across various fuel types, with petrol decreasing by Ksh 1 per liter, diesel by Ksh 1.50 per liter, and kerosene by Ksh 1.30 per liter.
Despite the reduction, there is notable public concern over the new adjustments. The reduction in the landed cost of fuel, which saw the price of a liter of petrol drop from Ksh 100 to Ksh 92, has been offset by an increase in the road maintenance levy, which has risen by Ksh 7 per liter.
Former Cabinet Secretary for Transport, James Macharia, had previously indicated that Kenyans had rejected a review of the road maintenance levy. However, the recent increase has raised questions about the government’s adherence to legal procedures.
“The government, as constituted, does not have the mandate to increase the fuel levy by such a significant amount without parliamentary approval,” said Robert Mwangi, a concerned citizen. “There should have been a Gazette notice indicating this position, which should have then gone to the committee of delegated legislation in the National Assembly for approval.”
Mwangi added that while the reduction in fuel prices is welcome, the manner in which the levy was increased is problematic. “The executive continuously ignores the law, which stipulates that such increases require parliamentary approval. This should have been done transparently, with public participation and parliamentary review,” he said.
The increase in the road maintenance levy comes at a time when the country is grappling with dilapidated infrastructure and the need for significant road repairs, especially after recent heavy rains. The government argues that the additional funds are necessary for these repairs and improvements.
However, the lack of transparency and adherence to legal procedures has sparked frustration among Kenyans. Many feel that the government is taking advantage of the drop in international fuel prices to introduce new taxes quietly.
Deputy Speaker ,emphasized the need for proper legislative procedures to be followed. “The relevant ministry should issue a Gazette notice and transmit it to the National Assembly for review. Parliament can either approve or nullify the legislation. This process ensures transparency and public participation,” he said.
The Road Maintenance Levy Fund Act requires that any changes to the levy be published in the Gazette and approved by Parliament. The lack of a clear Gazette notice regarding the recent increase has raised concerns about the legality of the new levy.
As the new fuel prices take effect, Kenyans are left questioning the government’s approach to managing fuel costs and the transparency of its legislative processes. The public is urged to stay informed and engaged in the discussions surrounding these changes.
