KeNHA asks court to strike COFEK’s Sh8/km Nairobi–Nakuru toll petition
Key points
- KeNHA + Roads Ministry want COFEK’s High Court toll petition struck out.
- Core argument: sub judice — issues already in Nakuru Petition E064 of 2025 (Motorists Association of Kenya & others).
- Also: COFEK allegedly skipped PPP Act 2021 Petition Committee remedies; court should not run infrastructure policy.
- COFEK fights a proposed ~Sh8/km, 30-year user-pays model and wants a practical toll-free alternative.
The government’s road agencies are trying to close one courtroom door before the toll debate fully opens. The Kenya National Highways Authority and the Ministry of Roads and Transport have filed a preliminary objection asking the High Court to strike out the Consumers Federation of Kenya’s constitutional petition against proposed tolling on the Nairobi–Nakuru–Mau Summit corridor, Eastleigh Voice reported.
Their first blade is sub judice: they say the same issues already sit in Nakuru High Court as Constitutional Petition E064 of 2025 (Motorists Association of Kenya & 3 Others v CS Roads & others), covering the PPP concession for the A8 highway and the A8 South (Rironi–Maai Mahiu–Naivasha) link, including a proposed Sh8 per kilometre charge and the absence of a toll-free alternative.
Procedure, PPP Act and “political questions”
Respondents also argue COFEK never exhausted the Petition Committee route under the Public Private Partnerships Act, 2021, and that courts should not substitute executive discretion on infrastructure and budget. That is a separation-of-powers brief dressed for a PPP century.
COFEK’s petition attacks a roughly 30-year user-pays framework as opaque and insists motorists need a workable free alternative before toll gantries go live. Justice David Mburu on 15 July 2026 had certified COFEK’s application urgent and set a tight response calendar — the objection is the State’s bid to exit that track.
What road users should track
Whether the court consolidates, stays or strikes; any published toll model and alternative-route map; and Senate/National Assembly transport hearings. Transport desk: News.
Consumer groups can still demand open PPP contract summaries even if one petition dies on procedure. A highway that only the rich can afford is a political fact whether or not a judge calls it justiciable.
Based on Eastleigh Voice reporting of KeNHA’s preliminary objection and COFEK’s petition framing. Court rulings control the live status of each case.
