The High Court has temporarily suspended the Kenyan government’s plan to implement a new Road Tolling Policy that would impose charges on several major highways, including the Thika Superhighway, Mombasa Southern Bypass, and Dongo Kundu Bypass. The decision comes after the Consumer Federation of Kenya (COFEK) filed a petition challenging the policy.
Milimani High Court Judge Chacha Mwita issued the injunction, effectively halting the government’s tolling plans until further notice. “In the meantime, a conservatory order is issued to restrain the respondents, their agents, and servants from implementing the proposed tolling on the Nairobi Southern Bypass, Nairobi-Nakuru-Mau Summit, or any other public road constructed with public funds until October 8,” Judge Mwita declared.
The suspension extends to the Kenol-Sagana-Maua Road, Mombasa Southern Bypass, and Dongo Kundu Bypass, all of which were included in the government’s proposed tolling scheme.
In his ruling, Judge Mwita instructed that all involved parties be served with the pleadings, with responses to the application and petition required within seven days of receiving the service. The petitioner, COFEK, was also directed to file and serve a supplementary affidavit within the same timeframe, if necessary, accompanied by written submissions not exceeding ten pages.
“The respondents and interested parties will then have seven days after service to file and serve their written submissions, also not exceeding ten pages each,” the judge added, setting the stage for further legal deliberations.
COFEK has brought the suit against multiple respondents, including the National Assembly and the Kenya Urban Roads Authority, among others. The petition followed the government’s proposal to introduce legislation requiring toll payments on specific highways, a move that has ignited widespread public opposition.
In response to the growing criticism, the Kenya National Highways Authority (KeNHA) has promised to undertake extensive public consultations before finalizing the tolling policy. KeNHA has also indicated that the tolling policy could free up the Road Maintenance Levy Fund (RMLF) for other road projects, as toll roads might not qualify for RMLF funding.
