The Consumers Federation of Kenya (COFEK) has moved to the High Court seeking to stop the government’s plan to introduce an Sh8 per kilometre toll on the Nairobi-Nakuru-Mau Summit Highway and the Rironi-Maai Mahiu-Naivasha road.
In a petition filed under a certificate of urgency, COFEK argues that the proposed charges will increase the cost of transport and eventually push up the prices of goods and services.
The consumer lobby says motorists are already paying fuel levies and other road taxes, making it unfair to introduce another charge for using public roads.
“The proposed toll of Sh8 per kilometre is excessive, unaffordable and unsupported by any disclosed legal or objective basis,” COFEK says in court documents.
COFEK also argues that the government should not compel motorists to pay toll fees without first providing a reasonable toll-free alternative route.
According to the petition, a motorist travelling from Rironi to Mau Summit would pay about Sh1,400 for a one-way trip if the proposed charges are implemented.
The lobby wants the court to suspend the tolling plan until the case is heard and determined. It has also proposed that if toll charges are to be introduced, they should not exceed Sh4 per kilometre.
The petition names the Kenya National Highways Authority (KeNHA), the Roads and Transport Cabinet Secretary, the National Treasury, the Public Private Partnerships Directorate and the Attorney General as respondents.
The government plans to upgrade the roads through a Public Private Partnership (PPP), with the private investor expected to recover the construction costs through toll collections over the concession period.
The case is expected to spark fresh debate over road tolling in Kenya, with supporters arguing it will help finance major infrastructure projects while critics say it will place an extra financial burden on motorists and consumers.