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Bodaboda riders queue to fill their tanks with fuel at a petrol station during a previous fuel shortage across the country. [File, Standard]

The price of fuel ought to retail at a minimum Sh168 for super petrol and Sh151 for diesel if the government obeyed court orders.

While releasing the prices for August 14 to September 14 the Energy Regulatory Authority (Epra) said the prices will remain at the current pump rates of Sh188 for Super petrol and Sh171 for diesel.

The Court of Appeal on July 31, in the case of National Assembly & Another v Okiya Omtatah Okoiti & 55 Others (Judgment), declared the entire Finance Act, 2023 (Finance Act) unconstitutional. It is this bill that pushed the VAT rate of fuel from 8 per cent to 16 per cent. A reversal of the same should have been reflected on the new rates.

In a separate case, the Mombasa High Court yesterday declared the recent increase of the Road Fuel Levy from Sh18 to Sh25 unconstitutional. This rate too is still factored in the cost of fuel for the next one month.

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