Questions have emerged over the legality and timing of recent fuel price adjustments after senior journalists on News Gang criticised the government’s handling of the Value Added Tax (VAT) on petroleum products.
During Thursday night’s broadcast, Sam Gituku and Yvonne Okwara raised concerns about what they termed as procedural irregularities and possible constitutional violations in the decision-making process.
Gituku questioned the sequence of events surrounding the fuel pricing announced on April 14, noting that the changes were made late at night before President William Ruto moved swiftly the following day to announce a reduction in VAT to 8 percent.
He argued that the move appeared rushed and bypassed established legislative processes, despite Parliament being in session at the time.
According to Gituku, Parliament has the capacity to convene special sittings to deliberate urgent national matters, citing past instances where lawmakers have been recalled for high-stakes decisions.
“It raises questions why there was no proactive engagement with Parliament in the weeks leading up to April 14,” he said, adding that the National Treasury Cabinet Secretary does not have the legal authority to reduce VAT by 50 percent without parliamentary approval.
Under Kenyan law, changes to tax rates typically require legislative backing, with the Treasury only allowed limited adjustments within a defined threshold. Gituku’s remarks suggest that the scale of the VAT reduction may have exceeded those limits.
Okwara, on her part, raised broader concerns about the role of Parliament in the process, questioning whether lawmakers are increasingly acting to validate decisions already made by the Executive.
“Does Parliament do the President’s bidding?” she posed during the show, arguing that the handling of the fuel VAT points to a pattern where policy decisions originate from the Executive before being presented to Parliament for approval.
She warned that such a trend could undermine constitutional safeguards designed to ensure separation of powers and independent legislative oversight. “This could happen with any other law; it goes against the Constitution,” she added.
The debate comes amid public scrutiny over the rising cost of living and fuel prices, which remain a politically sensitive issue in Kenya. Any adjustments to fuel taxation directly affect pump prices and, by extension, the cost of goods and services across the economy.
The government has defended its interventions as necessary to cushion consumers from high fuel costs, though critics argue that adherence to constitutional processes is equally critical.
As pressure mounts, attention is likely to shift to Parliament’s role in scrutinising fiscal decisions and ensuring that any tax changes comply with legal and constitutional requirements.