COFEK Seeks to Block Proposed KSh8 Per Kilometre Toll on New Highways

The Consumers Federation of Kenya (COFEK) has moved to court seeking to stop the government's plan to introduce a KSh8 per kilometre toll on the Nairobi–Nakuru–Mau Summit and Rironi–Maai Mahiu–Naivasha highways, arguing that the charges are unconstitutional and unfair to motorists.

In its petition, COFEK argues that motorists already contribute to road maintenance through the Road Maintenance Levy Fund, which is collected via fuel prices.

 The consumer lobby says introducing an additional toll would amount to double taxation and place an unnecessary financial burden on road users.

The proposed toll is part of the government's plan to finance the construction and maintenance of the 175-kilometre Nairobi–Nakuru–Mau Summit highway under a 30-year Public-Private Partnership (PPP) concession. 

Based on the proposed tariff, motorists travelling the full stretch would pay about KSh1,400 for a one-way trip.

COFEK also argues that motorists would have no practical toll-free alternative once the upgraded highway becomes operational, raising concerns over consumer rights and equitable access to public infrastructure. 

The petition further questions why the route has been selected for tolling while other upgraded national highways remain free to use.

The government has opposed the petition, telling the court that a similar constitutional case challenging the proposed tolling programme is already pending before the High Court. 

Officials argue that the new petition raises issues that are substantially similar to those already before the courts.

The case is expected to test the legality of Kenya's expanding use of toll roads to finance major infrastructure projects. 

The court's decision could have significant implications for future road projects planned under the government's Public-Private Partnership model.