The High Court has temporarily blocked the government’s plan to introduce a Road Tolling Policy that would impose charges on major highways, including the Thika Superhighway, Mombasa Southern Bypass, and Dongo Kundu Bypass.
Milimani High Court Judge Chacha Mwita issued the injunction following a petition from the Consumer Federation of Kenya (COFEK). This policy, if implemented, would require Kenyans to pay for using these major roads.
“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 stated.
The order also halts the tolling policy on Kenol-Sagana-Maua Road, Mombasa Southern Bypass, and Dongo Kundu Bypass.
The judge instructed that all pleadings be served on the involved parties and that responses to the application and petition be filed and served within seven days of receiving the service.
Furthermore, the order requires the petitioner to file and serve a supplementary affidavit within seven days after service, if necessary, along with written submissions to the application and petition, not exceeding 10 pages.
“The respondents and interested parties will then have seven days after service to file and serve their written submissions, also not exceeding 10 pages each,” the judge added.
COFEK has sued the National Assembly, Kenya Urban Roads Authority, and eight other entities.
This petition followed the government’s proposed legislation that would require Kenyans to pay tolls on certain highways under construction. The plan has sparked widespread condemnation, with many Kenyans accusing the government of imposing additional taxes.
In response, the Kenya National Highways Authority (KeNHA) has committed to conducting thorough public consultations before implementing the tolling policy
KeNHA has indicated that the policy will specify which roads will be tolled once finalized and explained that the new tolling policy could enable the Road Maintenance Levy Fund (RMLF) to be allocated to new road projects, as toll roads might not qualify for RMLF funding.
