The Consumers Federation of Kenya (COFEK) has filed a constitutional petition at the Milimani High Court contesting the government’s plan to impose an 8-shilling per kilometre toll on the Nairobi–Nakuru–Mau Summit Highway.
The court has certified the petition as urgent and transferred the matter to the High Court in Kisumu for hearing. COFEK’s suit names several respondents, including the Kenya National Highways Authority (KeNHA), the Cabinet Secretaries for Roads and Transport, National Treasury and Economic Planning, the Public Private Partnerships Directorate, and the Attorney General.
Key Concerns Raised by COFEK
- COFEK argues the tolling framework, part of a 30-year Public Private Partnership project covering the Nairobi–Nakuru–Mau Summit (A8) Highway and the Rironi–Maai Mahiu–Naivasha (A8 South) corridor, will raise transport costs and increase consumer prices nationwide.
- The federation describes the proposed Ksh8 per kilometre charge as excessive, unaffordable, and lacking a transparent legal or regulatory basis. They urge a reduction to no more than Ksh4 per kilometre or a clear justification for the higher rate.
- They contend that it is unlawful to impose mandatory tolls on this highway while other taxpayer-funded national roads remain toll-free.
- COFEK insists motorists should not be compelled to pay tolls unless a practical, accessible, and toll-free alternative road is provided alongside the tolled highway.
Legal Remedies Sought
The petition requests conservatory orders to prevent the government from implementing or enforcing the toll tariffs or advancing the PPP project until the constitutional issues are resolved. It also demands that the toll charge be lowered or justified transparently and that a toll-free alternative route be guaranteed.
Stephen Mutoro, COFEK Secretary General, filed an affidavit warning that without court intervention, the government may enter binding contracts that could create irreversible obligations before the court addresses the constitutional questions.
