NAIROBI, Kenya, Jul 27 – The Consumer Federation of Kenya (COFEK) has moved to court seeking to suspend the government’s proposed Sh8-per-kilometre toll charges on two of the country’s busiest highways, setting the stage for a legal battle over Kenya’s planned expansion of road user charges.
The petition targets the proposed tolling of the Nairobi–Nakuru–Mau Summit and Rironi–Maai Mahiu–Naivasha highways, key transport corridors that connect 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, raising concerns over the legality and implications of introducing additional charges for motorists already burdened by high fuel prices, insurance costs and vehicle maintenance expenses.
However, 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. They have therefore asked the court to strike out the petition and allow the existing proceedings to continue.
The proposed toll would see motorists pay Sh8 for every kilometre travelled on the affected road sections.
If implemented, the charges would apply to vehicles using the upgraded highway network as part of the government’s strategy to recover infrastructure investment costs while financing road maintenance and future expansion.
The roads form part of Kenya’s Northern Corridor, carrying thousands of passenger vehicles and heavy commercial trucks every day. They are considered among the country’s most economically significant transport routes, linking the Port of Mombasa to inland markets and neighbouring East African states.
The proposal has attracted mixed reactions from stakeholders.
Supporters argue that tolling provides a sustainable source of revenue for maintaining major highways without placing the entire financial burden on taxpayers.
Critics, however, warn that additional user charges could increase the cost of transport, drive up the prices of goods and services, and place further pressure on households and businesses already grappling with the high cost of living.
Consumer rights groups have also questioned whether motorists should pay new toll fees after years of contributing through fuel taxes, road maintenance levies and other statutory charges.
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.
The proposed tolling programme is expected to cover selected highways that have undergone major upgrades or reconstruction, with authorities maintaining that improved roads reduce travel time, vehicle operating costs and accident risks.
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.
Should the petition proceed, the court may also consider whether to temporarily suspend the proposed toll charges pending the hearing and determination of the case.