The Kenya Transporters Association (KTA) has issued directives to all transit truck and trailer drivers operating in Busia County following a notice that they would soon be required to pay entry fees to drive through the county's roads.
In a statement dated October 28, KTA advised all the drivers to desist from paying any fees as the practice would be illegal. They outlined the new fees as illegal, unconstitutional, and null and void.
“The Kenya Transporters Association Ltd (KTA) strongly advises all transporters using the following roads to not pay any county truck entry fees imposed by Busia County for the following reasons,” part of the notice read referring to the Nairobi-Malaba and the Nairobi-Kisumu-Busia highways.
The Nairobi-Malaba Highway is a class A (International Trunk) road, a vital part of the Trans-Africa Highway Network, and a major route connecting Kenya to Uganda while the Nairobi-Kisumu-Busia Highway is a B1 (National Trunk) road, and also a major route connecting Kenya to Uganda.
“These roads are under the jurisdiction of the National Government. The Kenya National Highways Authority (KeNHA) is responsible for their maintenance and operation. County governments have no authority to impose restrictions or levies on these national roads,” Newton Wang’oo the KTA chairman wrote in the notice.
The Busia County Government on October 24 announced that all truck drivers would start paying an entry fee of Ksh400 per trip into the county effective October 28 in accordance with the new Busia County Finance Act 2023.
However, the KTA stated that the county’s fees were in contravention of Article 209 of the Kenya Constitution and that a Supreme Court ruling in 2021 clearly distinguished between national and county roads and expounded on how taxation on the same should be carried out.
“The Busia County truck entry fees are in contravention of article 209 of the Kenya Constitution. The Supreme Court ruling in Base Titanium Limited v. County Government of Mombasa & the Attorney General (Petition No. 22 of 2021) also reaffirmed the principle of constitutional legality in taxation. The Court clearly distinguished between national and county roads, emphasizing that counties cannot impose levies or restrict movement on national roads.”
This, the notice continued, made The Busia County Finance Act 2023 and any other public notices requiring drivers to pay any county entry fees illegal, unconstitutional, null, and void.
The association also urged all transporters to desist from making any illegal payments and keep an eye out for the situation to ensure that the charges are not implemented or else it could set precedence to all 47 counties resorting to the same.
“We urge importers and exporters to closely monitor the situation regarding the proposed illegal truck entry fees imposed by Busia County. If these fees are implemented, it sets a dangerous precedent that could lead to similar levies by all 47 counties across Kenya,” the notice read.
“These additional fees will significantly increase transportation costs, making Kenyan routes less competitive. To mitigate these risks, it may become necessary to consider alternative routes through neighboring countries.”
