The Motorists Association of Kenya (MAK) says there is no reason or justification to turn key existing Kenyans’ highways into toll roads.
They say the targeted roads were built by Kenyan tax payers and its evil of the private beneficiaries who want to take advantage of COVID-19 crisis to covertly sneak a parliament legislation short of mandatory provisions of a proper public participation and the house quorum.
Peter Murima Chair MAK Executive Council says such exercise must not be allowed.
He noted that the history and the essence of toll roads in the 19th and 20th century was to help states to construct important sections of roads and bridges by private persons and such concessions were arranged where the governments didn’t have funds to do the necessary bridges or road works.
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“This is not the case in Kenya, however, and forced takeover would be stealing public property. There is no rationale to claim Build Operate and Transfer (BOT) on already an existing roadway. BOT are applicable only where there is no road at all. “ He said.
Adding that: “In Kenya in the early 1980’s the administration of President Daniel Moi introduced toll roads at Thika Road, Athi River, Gilgil and Webuye. (This was in the first place against the principle of BOT since the roads were already built). The toll roads were later, as a result abolished in 1990’s amidst corruption reports in the collections booths. A special Road Maintenance Levy Fund RMLF was introduced to replace the Toll Roads.”
He said unlike toll money which was paid by only those passing through the stations, now every motorist would pay (still pays) upfront fuel levy at the pump for every litre consumed.
“We cannot, thus, have both RMLF and return of 1990s proscribed Toll Fund at the same time. The Ministry of Roads sought justification to increase the fund collections from below one shilling at the start claiming it would be used to maintain roads instead of the normal funding from the consolidated exchequer kitty. This was a raw deal to motorists since all Kenyans benefit from roads and charging one section of Kenyans for maintenance was discriminatory as is still today.” He added.
The chair said the Kenya Roads Board (KRB) has successfully lobbied for adjustment of the fund from 0.3 cents to 3 shillings then then to 6 shillings. In a record 2 years that is 2018 and 2019 KRB increased the fund by 300 percent to shillings 18 per every litre of petrol and diesel consumed. Kenya he said consumes around 20Million litres a day.
“KRB claimed then that the increase was necessary since the colossal amount the fund collect would cater for all maintenance needs in the country. This is sadly not the case as many roads are in state of disrepair with auditor reports overflowing with cases of huge wastage perpetuated by those running the fund.” Said the Chair.
He reiterated the idea of reintroduction of toll roads is underrating Kenyans intelligence since the roads in question are already is use after being constructed and maintained by the public.
“MAK emphasis is toll roads cannot be done on public roads. Toll roads can only be applicable where a private company acquires land, constructs a road, charge the usage and hand over back to the public under BOT. A private company cannot, whatsoever, therefore, charge usage of an existing public road which they did not build. Public roads must remain free. Roadways that are public must be protected from private companies who would want to own the spaces for charging usage at the expense of the general public.” He noted.
The roads targeted in the scheme include JKIA James Gichuru section purportedly under construction, Thika Road, Southern Bypass, Nairobi- Mau Summit and Mombasa -Nairobi. These he said are public spaces which must remain so and since the road surfaces and the reserves thereof are publicly owned, a concessionaire cannot claim rights to the land for whatever reason. Such arrangement he said can only happen on acquired private land such as the aborted American company Beltec Mombasa Nairobi Expressway.
“Kenyans should know that those charged with the responsibility of upgrading highways have failed them for refusing to make dual the constricted sections of the highways waiting for the lucrative idea of making a kill through the much hyped Private Public Partnership PPPs schemes. The same are known for underhand pilfering schemes that rip-off the public coffers.”
He cited the failure for example to upgrade Naivasha Nakuru sections, Kinungi – Limuru to dual carriageway waiting for the now exposed private concessionaire to take over is an economic crime.
Other roads he noted that have been neglected for years are Mombasa Nairobi Highway, Thika Marua, and JKIA James Gichuru.
“It is very easy to upgrade these highways using the normal local resources at the government disposal but somewhat powerful persons have been seating on this prospect in favour and anticipation of the concessions. The Minister of Transport and Infrastructure should take charge and rectify the anomaly in his office. In the meanwhile motorists will continue saying No to Toll Stations as done in the past supported by signed petitions in MAK custody over a decade of No Toll Road Campaign.” He emphasised.