High Court Halts Orders to Introduce Tolls on Thika Road and Five Other Highways

The High Court has issued a temporary injunction, preventing the government from implementing a controversial road tolling policy that would have imposed fees on several major highways.

The policy, which aimed to introduce tolls on the Thika Superhighway, Nairobi Southern Bypass, Nairobi-Nakuru-Mau Summit Highway, Kenol-Sagana-Marua Road, Mombasa Southern Bypass, and Dongo Kundu Bypass, was challenged by the Consumer Federation of Kenya (COFEK).

Justice Chacha Mwita of the Milimani High Court granted the injunction, citing the need to protect the public’s interest and ensure that the government’s actions are lawful. The judge ordered the government to halt the implementation of the tolling policy until October 8th.

The court further directed that all pleadings be served on the relevant parties, with strict timelines set for responses. The respondents, including the National Assembly, Kenya Urban Roads Authority, and eight other entities, have been ordered to file their responses within seven days of being served. The petitioner, COFEK, has also been instructed to file and serve a supplementary affidavit and written submissions, if necessary, within seven days after receiving the responses. Both sides are limited to 10 pages in their submissions.

COFEK argued that the proposed tolling policy would place an undue financial burden on Kenyans, especially those who rely on these highways for their daily commute. The organization also contended that the government had failed to conduct adequate public consultations before proposing the policy.