Motorists move to court to block tolling of the Rironi–Nakuru–Mau Summit highway

The Motorists Association of Kenya has taken legal action against the concession and tolling of the Rironi-Nakuru-Mau Summit Highway.

In their petition to the Nakuru High Court, the Motorists Association of Kenya and individual petitioners Peter Murima, Joyce Wamahiu and Josphat Kamau argue that imposing tolls on existing public highways and roads that have been built, expanded or maintained using taxpayer funds violates multiple constitutional provisions, including those relating to public finance, good governance, public participation and protection against unfair and duplicative taxation.

"Motorists already pay the Road Maintenance Levy Fund (RMLF) through fuel levies, so adding toll charges would constitute double taxation. This levy is already substantial, and the government has never demonstrated the efficient and accountable use of these funds. Imposing tolls without removing or restructuring the fuel levy would violate the principles of fairness, transparency, and fiscal responsibility in taxation,” read part of the petition.

The petition emphasises that tolling existing highways rather than newly constructed roads is unconstitutional. Historically, tolls have only been justified to recover investment in new infrastructure.

Petitioners argue that Kenya’s approach instead seeks to retroactively privatise national highways, handing over public assets to private concessionaires without adequate explanation or public oversight.

"This erodes public ownership of critical national transport corridors and exposes road users to arbitrary and exploitative fees," the petition states.

The petition calls on the court to rule the introduction of tolls on existing public highways as unconstitutional, and to halt all ongoing or planned concessioning and privatisation of key highways.

"The court should compel the government to adhere to constitutional principles of accountability, transparency and public engagement, and protect the public from double taxation," the document states.

The High Court has ordered that the petition be served to the following respondents: the Kenya National Highways Authority (KeNHA); the PPP Directorate; the China Road & Bridge Corporation; the National Social Security Fund (NSSF); and the Attorney General. The respondents have seven days to file their responses.
The matter will be mentioned on 5 December.

On November 28, 2025, President William Ruto launched construction of the Rironi-Nakuru-Mau Summit Highway.