Cofek obtains orders against increment of “road maintenance levy” by Sh7 per litre

The High Court in Nairobi has suspended the Energy and Petroleum Regulatory Authority (EPRA) imposing an additional Sh7 per litre of fuel to cover the Road Maintenance Levy – after COFEK went to Court.

COFEK in HCC E454 of 2024 had Mugambi, J on September 5, direct that the orders in HCC E416 of 2024 apply to the COFEK petition.

The orders that COFEK now has, as directed by Mwita, J are as follows;

1. That the pleadings be served immediately
2. That the Respondents do file and serve responses to the application and petition within 7 days after service
3. That the petitioner will then have 7 days to file and serve a supplementary affidavit, if need be, together with written submissions to the application and petition not exceeding 10 pages
4. That the Respondents will thereafter have 7 days after service, to file and serve written submissions to the application and petition, not exceeding, 10 pages each
5. That directions on 7th October 2024
6. That in the meantime, an interim conservatory order is hereby issued suspending implementation of of the notice by Energy and Petroleum Regulatory Authority (EPRA) increasing the Road Maintenance Levy to Kenya Shillings 25. For avoidance of doubt, the Energy and Petroleum Regulatory Authority (EPRA), its’ agents, servants or any person acting on its’ behalf, shall not collect the increased levy until 7th October 2024

Mwita, J orders were issued on August 16, 2024.

COFEK, therefore, expects Energy and Petroleum Regulatory Authority (EPRA) to fully comply with the orders in place – in its’ September 14, 2024 fuel tariff review.