Two Kenyans have moved to court to petition the recent hike in fuel prices arguing that the decision was devoid of public participation and a strain to Kenyans yet to recover from the effects of the COVID-19 pandemic.
Through their lawyer Kenneth Omondi, the two petitioners Isaiah Odando and Wilson Yata want the decision by Kenya Revenue Authority (KRA) to adjust petroleum excise duty rates quashed.
In a petition, the two further argue that Kenyans have been subjected to heavy fuel tax notwithstanding that they are already overburdened.
“The decision by the Commissioner General of the Kenya Revenue Authority to adjust excise duty rates for petroleum products though discretionary has been described as a burden by the already overtaxed Kenyans and was devoid of proper public participation at a time when Kenyans are reeling from the economic consequences of the Covid-19 pandemic thereby compromising the people’s entitlement to social justice under Article 10 of the constitution,” read part of the petition.
The two said perennial increase of fuel prices have led to high cost of living.
Other respondents in the case are National Assembly and petroleum and energy Cabinet Secretaries.
The matter will be heard next week Monday with each party directed to file an eight page response to the suit.
UFANISI Centre, the youths from Korogocho, has also petitioned the High court seeking orders to quash the decision by KRA to adjust excise duty rate for all petroleum products.
The lobby group want to suspend the move to have prices of fuel in Kenya go up yet again starting from October 1.
Through lawyer Kenneth Amondi, the youths say the decision by KRA Commissioner General Githii Mburu to adjust excise duty for petroleum products though discretionary is bound to burden the already overtaxed Kenyans.
Last week, EPRA revised upwards the price of super petrol, diesel and kerosene by Sh7.58, Sh7.94 and Sh12.97 per litre respectively.
Epra said the jump in prices was due to the lifting of the stabilisation fund which had cushioned consumers from previous increases.