Appellant inexplicably withdraws lawsuit against increase in road maintenance fee

A petitioner challenging the government’s decision to increase the road maintenance levy on fuel from Ksh18 to Ksh25 per litre has withdrawn his case.

The taxi driver who filed the lawsuit, George Odhiambo Juma, did not immediately give a reason for withdrawing his case. Notably, his application to withdraw the case did not appear in the ruling document.

Court records show Juma filed a notice of dismissal on August 16, less than a week after he obtained an order temporarily blocking the government from raising taxes. Three days later, the court approved the dismissal and closed the case.

Justice Gregory Mutai granted the application on the basis that there were no objections from either party to the dispute.

“Defendants do not object to the withdrawal of the petition. Under the circumstances, the court sustains the withdrawal of the petition. Accordingly, the petition is hereby marked as withdrawn and no costs order is entered. The court file shall be closed forthwith.” Justice Mutai said in his August 19 order.

On August 15, the court, after considering Juma’s arguments, issued an interim order restraining the government from implementing the Road Maintenance Fee Collection Fund (Collection) Order, 2024. Juma claimed in court that the government had failed to conduct adequate public engagement on the price hike.

However, the temporary restraining order was short-lived as Juma chose to withdraw the case before it was fully heard.

The government implemented this policy of increasing funds in July, and the Energy and Petroleum Regulatory Authority (EPRA) announced the change on July 14, 2024 to increase the road maintenance fund.

The tax is paid on every litre of petrol or kerosene purchased, and KeNHA believes that these funds can be used to improve existing roads and maintain their quality, safety and reliability for all users.