Court battle deepens over proposed Nairobi-Nakuru highway toll charges as KeNHA challenges COFEK suit
The Kenya National Highways Authority (KeNHA) is seeking to strike out a lawsuit filed by the Consumers Federation of Kenya (COFEK) regarding toll charges on the Nairobi-Nakuru highway. The government argues the case is sub judice and that the petitioner failed to exhaust statutory dispute resolution mechanisms.
Why it matters
This legal battle impacts the implementation of major infrastructure projects and the use of Public-Private Partnerships in Kenya's development strategy.
The High Court is set to decide whether a constitutional petition challenging the proposed tolling of the Nairobi–Nakuru–Mau Summit (A8) Highway should proceed after the Kenya National Highways Authority (KeNHA) and the Ministry of Roads and Transport filed a preliminary objection seeking to have the case struck out. In their objection, KeNHA and the Roads Ministry argue that the petition filed by the Consumers Federation of Kenya (COFEK) is sub judice, saying the issues it raises are already before the High Court in Nakuru in Constitutional Petition No. E064 of 2025, Motorists Association of Kenya & 3 Others v Cabinet Secretary, Ministry of Roads and Transport & 5 Others.
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