The High Court has temporarily halted the government's plan to introduce of a Road Tolling Policy that would impose charges on major highways such as the Thika Superhighway, Mombasa Southern Bypass, and the Dongo Kundu Bypass.
Milimani High Court Judge Chacha Mwita issued the orders following a petition filed by the Consumer Federation of Kenya (COFEK), challenging the policy that could require Kenyans to pay for access to and use of the major roads throughout the country.
“In the meantime, a conservatory order is hereby issued restraining the respondents, their agents and or servants from implementing the proposed Talling of Nairobi Southern Bypass, Nairobi-Nakuru –Mau Summit and or any other public road constructed using public funds until October 8,” said the judge.
The orders also restrain the government from implementing the tolling policy on Kenol Sagana – Maua Road, Mombasa Southern Bypass, and Dongo Kundu Bypass.
The judge also ordered that the pleadings be served on all parties, and that responses to the application and petition be filed and served within seven days after service.
The order also stipulates that the petitioner will have seven days after service to file and serve a supplementary affidavit, 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 written submission to the application and petition, also not exceeding 10 pages each,” said the judge
COFEK has sued the National Assembly, Kenya Urban Roads Authority and eight others.
The petition was filed following the government's announcement that it was considering introducing legislation requiring Kenyans to pay for the use of certain highways set to be constructed by the government.
Former Roads and Transport Cabinet Secretary Kipchumba Murkomen made the announcement in March, explaining that the levies collected would help increase the country’s revenue for road infrastructural improvements.
The former Roads CS stated that the government was facing a significant financing gap for infrastructural projects amounting to billions of shillings, and thus, the introduction of toll stations would help bridge this gap.
The now Sports Minister clarified that the funds collected, upon approval of the legislation, would be used to improve and expand the country's road infrastructure.
The announcement of charges on key roads has, however, faced backlash from Kenyans who accuse the government of overburdening them with endless taxes.
However, the Kenya National Highways Authority (KeNHA) has clarified that it will conduct adequate public participation before the tolling policy is implemented.
KeNHA has stated that the policy would specify which roads would be tolled once it is finalized,
KeNHA also clarified that the new tolling policy could free up the Road Maintenance Levy Fund (RMLF) to finance new road projects since the tolled roads may not qualify for RMLF funding.
