COFEK Seeks to Block Nairobi-Nakuru Highway Toll in Kenya

• COFEK has filed a petition to suspend Sh8-per-kilometre toll charges on two major highways in Kenya.
• The government argues that user-funded highways are common internationally and necessary for infrastructure financing.
• Critics warn that additional user charges could increase transport costs, drive up prices of goods and services, and place further pressure on households and businesses.

The proposed tolling programme is part of Kenya's strategy to recover infrastructure investment costs and finance road maintenance through Public-Private Partnership (PPP) models.

The Consumer Federation of Kenya (COFEK) has filed a petition in court seeking to suspend the government's proposed Sh8-per-kilometre toll charges on two major highways, Nairobi-Nakuru and Rironi-Maai Mahiu-Naivasha. The petition targets the planned tolling framework, which would see motorists pay Sh8 for every kilometre travelled on the affected road sections. COFEK argues that the proposed tolling is unconstitutional and should be halted pending the determination of its own constitutional petition. In response, the government has urged the court to dismiss the petition, citing a parallel case already before another court.

The proposed tolling programme is part of Kenya's strategy to recover infrastructure investment costs and finance road maintenance through Public-Private Partnership (PPP) models. The government argues that user-funded highways are common internationally and necessary to bridge the country's infrastructure financing gap. However, critics warn that additional user charges could increase transport costs, drive up prices of goods and services, and place further pressure on households and businesses already grappling with high living costs. Consumer rights groups have also questioned whether motorists should pay new toll fees after contributing through fuel taxes, road maintenance levies, and other statutory charges.

The outcome of the court case could have far-reaching implications for Kenya's road financing policy and the future implementation of toll roads across the country. If COFEK's petition is successful, it may set a precedent for challenging additional user charges in Kenya. On the other hand, if the government prevails, it could pave the way for more widespread adoption of tolling as a revenue stream for infrastructure maintenance and expansion. The case also highlights the need for careful consideration of the impact of road financing policies on households and businesses.

Lawyers should watch for the potential impact on road financing policy and compliance with existing regulations, as well as the precedent set by the court's decision on the constitutionality of additional user charges.

Source: Original reporting via COFEK Moves to Block Proposed Nairobi-Nakuru Highway Toll