The High Court has temporarily halted the Kenya National Highways Authority's (KeNHA) plan to impose tolls on several major roads, including the Thika Superhighway.
This decision, handed down on Friday, August 23, marks a significant turn in the ongoing debate over road tolling in Kenya. For now, the ruling offers a brief reprieve to motorists, but the future of KeNHA's tolling policy remains uncertain.
The legal battle is only just beginning. With the court's decision stalling the tolling process, attention now shifts to Parliament, where lawmakers may introduce legislation to give KeNHA's plans the force of law.
The suspension has undoubtedly thrown a wrench into KeNHA’s strategy, especially after the authority had indicated plans to conduct public consultations on the Road Tolling Policy.
The proposal to introduce toll fees on major roads has sparked widespread public outcry. Critics argue that such charges would burden ordinary Kenyans, contradicting President William Ruto’s campaign pledge to keep road usage free.
During his 2022 campaign, Ruto promised that Kenyans would not have to pay tolls to use the country’s roads, a promise that now seems increasingly difficult to keep.
KeNHA, however, insists that toll fees are necessary for maintaining the country’s road infrastructure. In a statement released earlier last week, the authority highlighted that the revenues generated from tolls would be used to repay loans taken out to fund major road projects. These include the Dongo Kundu Bypass, which KeNHA cited as an example of a project that could benefit from toll revenue.
The proposed tolling plan has significant financial implications for both the government and the public. KeNHA’s strategic plan for 2023-27, which is already in effect, includes tolling as a key component.
The authority argues that by shifting the cost burden to road users, it can free up funds from the road levy for the construction of new roads and expansion of the road network.
Yet, this approach has been met with resistance. The suspension of the road maintenance levy increase, which would have raised fuel prices, is a recent example of the government’s struggle to balance infrastructure funding with public discontent.
The proposed tolls are viewed by many as yet another attempt to squeeze more money from already overburdened citizens.
The tolling policy, if implemented, would affect several of the country’s most critical roadways, including the Nairobi-Nakuru-Mau Summit Highway, Southern Bypass, and the Kenol-Sagana-Marua Road. KeNHA has assured the public that any decision on tolling will be made following extensive public participation, though critics remain sceptical of this promise.
The controversy over tolling is compounded by the government’s recent decision to increase charges on the Nairobi Expressway, despite earlier promises to keep the road toll-free.
Former Transport Cabinet Secretary Kipchumba Murkomen attributed the hike to the depreciation of the Kenyan shilling against the US dollar, further fuelling public anger.
With the court’s intervention, the fate of road tolling in Kenya is now more uncertain than ever. KeNHA’s next steps remain unclear, especially as the legal process unfolds and Parliament debates potential legislation.
The question now is whether the government will push ahead with its tolling plans, or if public opposition will force a rethink.
