Kenyans will continue to pay high price for fuel after high court declined to suspend implementation of 16 per cent levy.
High Court judge Chacha Mwita declined to issue temporary orders to stop the implementation of the new levy despite hue and cry from Kenyans.
Justice Mwita agreed that the case filed by activist Okiya Omtatah to challenge the levy is urgent and of great public interest but ought to be heard in presence of all parties.
He directed Omtatah to serve his suit papers on the other parties namely treasury CS Henry Rotich, energy regulatory committee, KRA and national assembly and come for direction on September 10.
Omtatah in his suit papers argues that the imposition of new levy amounts to double taxation since the transaction value has inbuilt taxes, including excise tax, road maintenance levy, petroleum development levy, fuel levy tax and railway development tax. Omtatah also says the decision by state violates the constitution because it has an effect of limiting rights to property and advancement of social economic rights.
Earlier in the case, lawyer Dr John Khaminwa pleading with the judge to give Kenyans reprieve went to great lengths to explain that despite Kenya having the power to control prices of fuel same should be subject to the constitution.
He represents Wycliffe Nyakina.