The Kenya National Highways Authority (KeNHA) alongside the Ministry of Roads and Transport has filed a preliminary objection seeking to dismiss the Consumers Federation of Kenya's (COFEK) constitutional petition challenging the proposed toll charges on the Nairobi–Nakuru–Mau Summit Highway.

The petition by COFEK disputes the legality and constitutionality of the planned Sh8-per-kilometre toll under a 30-year Public Private Partnership (PPP) concession. COFEK argues the toll lacks transparency and demands a viable toll-free alternative route before implementation.

Government's Grounds for Objection

  • Sub judice rule: KeNHA and the Roads Ministry contend the issues raised by COFEK are already before the High Court in Nakuru, under a related constitutional petition filed by the Motorists Association of Kenya and others.
  • Non-exhaustion of dispute resolution mechanisms: The respondents argue COFEK did not utilize the dispute resolution procedures under the Public Private Partnerships Act, 2021, including the Petition Committee established for such conflicts.
  • Separation of powers: The government maintains that decisions on infrastructure policy, budgeting, and PPP implementation fall within the executive’s domain and are non-justiciable political questions.

KeNHA and the Ministry urge the High Court to dismiss COFEK's petition and related application with costs, emphasizing that the court must not override executive discretion on infrastructure projects.

Next Steps

The High Court had earlier certified COFEK's petition as urgent and ordered responses from the respondents within three days. The matter is currently scheduled for mention to determine further directions.

This legal tussle highlights ongoing tensions over the tolling framework for the critical Nairobi–Nakuru–Mau Summit Highway, a key transport corridor in Kenya.