The High Court at Milimani has certified as urgent a constitutional petition filed by the Consumers Federation of Kenya (COFEK) challenging the government’s proposed tolling of the Nairobi–Nakuru–Mau Summit (A8) Highway and ordered that the matter be transferred to the High Court in Kisumu for hearing and determination.

In a ruling, Justice David Mburu directed that the petition be transferred after noting that similar cases challenging the same tolling project are already pending before the High Court in Kisumu. The matter is expected to be mentioned before the Presiding Judge in Kisumu for further directions.

The petition names the Kenya National Highways Authority (KeNHA), the Cabinet Secretary for Roads and Transport, the Cabinet Secretary for the National Treasury and Economic Planning, the Public Private Partnerships Directorate, and the Attorney General as respondents.

COFEK is challenging the government’s proposal to introduce toll charges on the Nairobi–Nakuru–Mau Summit Highway as part of a Public-Private Partnership (PPP) project to upgrade and maintain the road corridor.

According to the petition, the proposed KSh8-per-kilometre toll has not been supported by a publicly disclosed legal, regulatory or economic justification and would impose an unreasonable financial burden on motorists.

In court documents, COFEK states:

“The proposed toll of KSh8 per kilometre is excessive, unaffordable and unsupported by any disclosed legal, regulatory or objective basis.”

The consumer lobby also argues that motorists already contribute to road development and maintenance through taxes and fuel levies, and therefore should not be required to pay mandatory toll charges on an existing public highway without a practical toll-free alternative.

In the petition, COFEK further states:

“The respondents may not lawfully subject users of the Nairobi–Nakuru–Mau Summit Highway to a mandatory user charge in the absence of a practical, reasonable, accessible and toll-free alternative road.”

The federation is seeking conservatory orders to suspend implementation of the proposed tolling framework, stop the gazettement of the charges and halt further implementation of the project until the constitutional issues raised in the petition are determined.

The government opposed the application for interim orders, arguing that similar petitions concerning the proposed toll road are already before the High Court in Kisumu. Justice Mburu agreed that the matter should be transferred to avoid parallel proceedings and allow related cases to be considered by the same court.

The proposed tolling forms part of the government’s plan to upgrade the Nairobi–Nakuru–Mau Summit (A8) and Rironi–Maai Mahiu–Naivasha (A8 South) highways under a 30-year Public-Private Partnership concession. Under the proposal, a private investor would finance, expand, operate and maintain the roads before transferring them back to the government at the end of the concession period.

The project was launched by President William Ruto in November 2025 as part of efforts to improve one of Kenya’s busiest transport corridors linking Nairobi with the Rift Valley and western Kenya.

The High Court’s ruling does not determine the legality of the proposed tolling programme. It only confirms that the petition raises issues requiring urgent consideration and directs that it be heard together with related cases already pending before the High Court in Kisumu.