The Ministry of Transport has reactivated its plans to implement tolls on five major highways across Kenya, following a recent court ruling that clarified the legal status of the project.
Transport Principal Secretary Joseph Mbugua met with the Technical Working Group on Tuesday to discuss the immediate rollout of public participation for the National Tolling Policy. This meeting marks a significant step forward for the initiative, which was temporarily suspended by court order in 2023.
1/3 The Principal Secretary for Roads Eng Joseph Mbugua today met with representatives of the Technical Working Group (TWG) on the draft National Tolling Policy to formulate an urget rollout plan for the public participation on the same. pic.twitter.com/GmJsMxwO58
— Ministry of Roads and Transport (@Roads_KE) February 4, 2025
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Highways Targeted for Tolling
KENHA intends to toll the major roads in Nairobi including:
– Thika Superhighway
– Mombasa Southern Bypass
– Dongo Kundu Bypass
– Kenol-Mau Summit Road
The project’s revival comes after the High Court’s January 21 ruling, which specified that a previous petition by the Consumer Federation of Kenya (COFEK) does not prevent public participation or stakeholder engagement regarding the National Tolling Policy. This clarification effectively allows the government to proceed with public consultations.
3/3 He said the CAK took the Committee and @KeNHAKenya to court to halt the process, and the high court had issued its verdict on 21/01/25 clarifying that the suit did not stop or affect public participation or stakeholder engagement in relation to the National Tolling policy pic.twitter.com/4cb5LcaXF9
— Ministry of Roads and Transport (@Roads_KE) February 4, 2025
The Kenya National Highways Authority (KeNHA) has pledged to conduct comprehensive public engagement sessions to gather citizen input before making final decisions. This commitment follows earlier controversy when former Transport Cabinet Secretary Kipchumba Murkomen announced the initial tolling plans in March 2023, citing government funding gaps for critical infrastructure projects.
1/3 The Kenya National Highways Authority appreciates the ongoing discussion around the development of a Road Tolling Policy.
— Kenya National Highways Authority (KeNHA) (@KeNHAKenya) August 13, 2024
The Authority assures the public that this Policy will be developed with extensive public participation to ensure that all voices are heard. pic.twitter.com/sRtYnQtFV6
Challenges Surrounding The Tolling Initiative
The original initiative faced significant public resistance, particularly from motorists who threatened protests against the proposed tolls. The implementation had been halted in August last year when Justice Chacha Mwita issued temporary orders restricting the government from proceeding with the tolling system pending proper legal proceedings. Justice Mwita ruled:
“In the meantime, a conservatory order is issued restraining the respondents, their agents and servants from implementing the proposed tolling of the five roads.”
With this recent development, the Technical Working Group can now move forward with its public participation phase, marking a new chapter in Kenya’s highway infrastructure funding strategy.
