Petitioner Who Sued Govt Over Road Maintenance Levy Withdraws Case, Gives No Reason
Motorists have been rendered helpless in their quest for the removal of the planned hike of the road maintenance levy after a petitioner withdrew the case challenging it.
George Odhiambo on Thursday withdrew the case challenging the levy two weeks after he filed the petition at the High Court in Mombasa. However, Odhiambo did not give any reasons for his move.
Justice Gregory Mutai approved George’s request after the respondents in the case failed to oppose the petitioner’s decision.
“The respondents do not oppose the withdrawal of the petition. In the circumstances, the court endorses the withdrawal,” Justice Mutai announced.
“Consequently, the petition is hereby marked as withdrawn with no orders as to costs. The court filed shall be closed forthwith,” the judge directed.
The latest development comes a fortnight after the court in Mombasa halted the government’s decision to increase the levy by Ksh7 from Ksh18 to Ksh25.
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George Odhiambo had moved to court challenging the increase of the levy. In his argument, the petitioner claimed that no meaningful public participation was conducted.
Following the petitioner’s argument, the High Court suspended the increase pending the hearing and determination of the case.
“Pending the hearing of the Notice of Motion dated 2nd August 2024 interprets, a conservatory order is hereby issued, restraining the Respondents, either jointly and or severally, whether by themselves, their officers, agents, employees or other person or entity acting under the Respondents’ instructions, from implementing and enforcing the Road Maintenance Levy Fund Order 2024,” read the ruling in part.
The withdrawal of the case comes a week after matatu operators across the country threatened to stage demonstrations against the road maintenance levy.
“There will be no vehicles on the road if things are not going to be resolved. We are going to down our tools,” the operators warned in a statement.
However, on August 25, the operators withdrew the notice claiming that the government had agreed to resolve their demands.
Petitioner Who Sued Govt Over Road Maintenance Levy Withdraws Case, Gives No Reason