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Another blow as court halts Sh7 Fuel Levy increase pending case

A court in Mombasa has temporarily halted the government’s plan to increase the fuel maintenance levy from Sh18 to Sh25 a litre.

Justice Gregory Mutai issued the order, effectively reducing the fuel levy by Sh7 pending a hearing scheduled for August 28. The judge deemed the notice of motion urgent and directed that it be heard before Presiding Judge Olga Sewe on the set date.

Justice Mutai stated: “Pending the hearing of the notice of motion, a conservatory order is issued restraining the respondents, either jointly or severally, whether by themselves, their officers, agents, employees, or other persons or entities acting under the respondents’ instructions, from implementing and enforcing the Road Maintenance Levy Fund (Imposition) Order 2024.”

George Juma filed a petition to stop the implementation of the roads levy, which was supported by Haki Yetu, an activist group that argued the levy was unconstitutional, illegal, unreasonable, and harsh.

Lawyers Willis Oluga and E.K. Owinyi, representing Haki Yetu, argued that the levy, which took effect on July 15, 2024, was implemented without public participation. Just last week, Justice Stephen Githinji had also certified Haki Yetu’s case as urgent and directed the applicants to serve the respondents by August 8, 2024.

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