Charles Kanjama, president of the Law Society of Kenya (LSK), has expressed serious reservations about the proposed tolling on the Nairobi-Nakuru-Mau Summit Highway. His concerns focus on constitutional protections for consumers and the economic impact of the toll fees.
Responding to a constitutional petition filed by the Consumers Federation of Kenya (COFEK), Kanjama highlighted Article 46 of the Kenyan Constitution, which safeguards consumers’ economic interests. He argued that imposing steep toll charges on a publicly funded road without ensuring an accessible, toll-free alternative could amount to double taxation and economic coercion.
Consumer Federation Challenges Toll Framework
The High Court at Milimani recently certified COFEK’s petition as urgent and ordered its transfer to the Kisumu High Court for hearing. COFEK opposes the 30-year public-private partnership tolling plan on the Nairobi-Nakuru-Mau Summit Highway and the Rironi-Maai Mahiu-Naivasha stretch, highlighting its potential to raise transport costs and inflate prices along the corridor.
Disputes Over Toll Rates and Alternatives
- COFEK criticizes the proposed Ksh8 per kilometre toll as excessive and unaffordable, calling for a reduction to Ksh4 or a transparent justification for the rate.
- The federation insists motorists should not pay tolls on taxpayer-funded roads without a practical, toll-free alternative route.
- COFEK is seeking court orders to halt the toll implementation and prevent further progress on the PPP project until constitutional concerns are resolved.
The petition is supported by an affidavit from COFEK Secretary General Stephen Mutoro, who stresses the need for judicial intervention to avoid premature legal and financial commitments.
Kanjama emphasized the need for infrastructure projects to balance investor returns with citizens’ constitutional rights and economic welfare to avoid unintended inflationary effects on transport and supply chains nationwide.
