COFEK Seeks to Block Sh8-per-kilometre Toll on Nairobi-Nakuru Highway

• COFEK has filed a petition in the High Court seeking to block the government's proposed Sh8-per-kilometre toll charges on two major highways.
• The petition targets the Nairobi-Nakuru-Mau Summit and Rironi-Maai Mahiu-Naivasha highways, which are critical transport corridors connecting Nairobi to the Rift Valley and western Kenya.
• The outcome of this case may set a precedent for future challenges to Kenya's road financing policy and the implementation of toll roads across the country.

The proposed tolling programme is part of Kenya's strategy to recover infrastructure investment costs while financing road maintenance and future expansion.

The Consumer Federation of Kenya (COFEK) has filed a petition in the High Court seeking to block the government's proposed Sh8-per-kilometre toll charges on two major highways. The petition targets the Nairobi-Nakuru-Mau Summit and Rironi-Maai Mahiu-Naivasha highways, which are critical transport corridors connecting Nairobi to the Rift Valley and western Kenya. COFEK argues that the planned tolling framework should be halted pending the determination of its constitutional petition, citing concerns over the legality and implications of introducing additional charges for motorists already burdened by high fuel prices, insurance costs, and vehicle maintenance expenses.

The government has urged the court to dismiss the petition, arguing that the matter is already the subject of a parallel case before another court. State lawyers contend that allowing multiple cases challenging the same project could result in conflicting judicial decisions and amount to an abuse of the court process.

The proposed tolling programme is part of Kenya's strategy to recover infrastructure investment costs while financing road maintenance and future expansion. The government has increasingly embraced Public-Private Partnership (PPP) models to finance large infrastructure projects amid growing fiscal constraints and rising public debt. Officials argue that user-funded highways are common internationally and are necessary to bridge Kenya's infrastructure financing gap while ensuring roads are maintained to high standards.

However, consumer rights groups have questioned whether motorists should pay new toll fees after years of contributing through fuel taxes, road maintenance levies, and other statutory charges. The proposed toll would see motorists pay Sh8 for every kilometre travelled on the affected road sections, which could increase the cost of transport and drive up prices of goods and services.

The High Court is now expected to determine whether COFEK's petition should proceed or be dismissed on the grounds that similar litigation is already before the courts. The outcome could have far-reaching implications for Kenya's road financing policy and the future implementation of toll roads across the country.

The outcome of this case may set a precedent for future challenges to Kenya's road financing policy and the implementation of toll roads across the country. Lawyers should watch closely as the court determines whether COFEK's petition should proceed or be dismissed, which could have significant implications for the government's strategy to recover infrastructure investment costs while financing road maintenance and future expansion.

The proposed tolling programme has attracted mixed reactions from stakeholders, with supporters arguing that it provides a sustainable source of revenue for maintaining major highways without placing the entire financial burden on taxpayers. However, critics warn that additional user charges could increase the cost of transport, drive up prices of goods and services, and place further pressure on households and businesses already grappling with the high cost of living.

The court may also consider whether to temporarily suspend the proposed toll charges pending the hearing and determination of the case, which would have significant implications for motorists and road users in Kenya.

Lawyers should watch for the outcome of this case as it may set a precedent for future challenges to Kenyas road financing policy and the implementation of toll roads across the country.

Source: Original reporting via COFEK Moves to Block Proposed Sh8-Per-Kilometre Toll on Nairobi-Nakuru Highway