The Consumers Federation of Kenya (COFEK) has moved to court seeking to stop the implementation of the proposed Ksh8 per kilometre toll charges on the Nairobi-Nakuru-Mau Summit and Rironi-Maai Mahiu-Naivasha highways.
The consumer rights organisation has filed a petition requesting the suspension of the tolling plan, arguing that motorists already pay for road maintenance through fuel levies and the Road Maintenance Levy Fund.
COFEK maintains that introducing additional charges on the highways would amount to double taxation and place an unfair financial burden on road users.
The petition targets the newly upgraded 175-kilometre Mau Summit-Rironi Highway and other sections along the corridor, which are set to operate under a 30-year Public-Private Partnership (PPP) arrangement.
According to COFEK, upgrading a public highway without providing motorists with a viable toll-free alternative route violates their rights. The organisation also argues that placing the national transport corridor under a long-term concession could weaken public ownership of the road.
The consumer lobby has further questioned why the route has been selected for tolling while other national highways that have undergone major upgrades remain free for motorists.
The government has opposed COFEK’s petition, arguing that a similar case challenging the proposed toll charges is already before the courts.
The state has pointed to a constitutional petition filed by the Motorists Association of Kenya (MAK) and two individual co-petitioners at the High Court in Nakuru on November 28, 2025.
The Nakuru court held its first hearing on December 5, 2025, after the petitioners sought orders to suspend the construction and tolling plans pending the determination of the case.
The dispute resurfaced after the Kenya National Highways Authority (KeNHA) published a Project Disclosure Notice on June 23, 2026, confirming a base tariff of Ksh8 per kilometre under the 30-year concession agreement.
COFEK argues that the tolling plan raises wider constitutional concerns, including consumer protection, public participation, fair administrative processes, and equitable taxation.
The organisation has also highlighted concerns over proposed tax changes affecting digital payment systems, scrap metal transactions, VAT exemptions, virtual asset reporting requirements, and expanded powers for tax authorities.
A successful challenge against the tolling plan would present a setback for President William Ruto’s infrastructure agenda, which includes expanding Kenya’s paved road network to more than 28,000 kilometres within seven years.