The Motorists Association of Kenya has gone to court seeking orders stopping the construction of the Rironi-Mau Summit toll highway. The association has filed the case together with Peter Murima, Joyce Wamahiu, and Josphat Kamau.
The Motorists Association of Kenya has now come out to state their case on why they are in court over the mega road project. Here is what they say in their statement:
“We fully support the long-delayed expansion of the A8 highway (Rironi-Mau Summit Highway). This has never been in dispute. In fact, the Motorists Association of Kenya have pushed for its upgrade for more than twenty years. During that same period, the highway authority repeatedly attempted to introduce Public–Private Partnership (PPP) toll schemes that would convert public infrastructure into private profit centres at the expense of the slighted citizenry.
What motorists oppose is NOT development.
We oppose double taxation, unlawful tolling, and the creeping transformation of Kenya’s public roads into lifetime revenue streams for private concessionaires.
When toll fees were abolished in 1994, they were replaced with the Fuel Levy, paid upfront by all fuel users. This levy grew from a few cents to 3 shillings, then 6, then 18, and eventually to 25 shillings, an increase that lacked proper legal justification. Today, every Kenyan motorist pays this levy in advance. You cannot reintroduce toll fees while the Fuel Levy is still in place. You cannot fund roads twice – one system must go. Citizens cannot be charged at the pump and then again at a toll gate.
The law governing Build–Operate–Transfer (BOT) projects is also unequivocal. A toll road must be constructed on newly acquired private land and must leave the existing public highway as a free alternative route. A BOT cannot legally be erected on existing public land. This was the very reason American firms like Bechtel and Usahihi walked away: They refused to toll an existing public highway.
The Nairobi Expressway followed the law by being elevated, leaving the lower deck free. The SGR was constructed on new land while the meter-gauge railway remained open. These are examples of lawful tolling structures. Any user-pay toll road must meet all BOT requirements – not be forced onto the public through shortcuts or unlawful reinterpretations.
The responsibility for building and expanding national roads rests squarely with the exchequer, not individual motorists. Motorists have already met their obligations through taxes. It is the government’s duty to deliver value for money- not shift its responsibilities to private profit-seeking concessionaires.
A concession, as the name connotes, is, by definition, a surrender of public rights – something countries like Sri Lanka and Zambia were forced into after defaulting on international loans. Kenya, however, has never defaulted in over 30 years. Why, then, are we behaving as though we must surrender our highways to foreign companies?
Selective tolling is also discriminatory. Why should Western-bound Kenyans pay toll charges while other regions enjoy free dual carriageways? The Thika–Nyeri dual carriageway is toll-free. Why then should only one section of the A8 be singled out? National development cannot be selective or punitive.
We must also confront the truth: The highway authority’s 16-year failure to progressively upgrade the A8 – while other major national roads were modernised – cannot be dismissed as an oversight. It is a serious failure of duty. The deliberate neglect, resulting in head-on road crash deaths, gridlock and congestion, has conveniently created the crisis now being used to justify a PPP toll road. This is not office planning; it is engineered desperation.
Instead of burdening motorists, the proposed Sh200 billion toll fee could easily be securitised into a sovereign loan, just as was done under Securing 1, and funded transparently through the national budget.
With a budget of Sh3 trillion, are we genuinely claiming that Kenya cannot afford Sh200 billion, an already inflated figure, to upgrade its most important corridor? How many billions have already been wasted on cancelled, inflated, or poorly executed projects? Auditor General reports show a whole trillion public fund wastage, E citizen, Sh300 Billion, et al
If motorists are expected to fund road construction and then pay again to maintain those same roads, what is the purpose of the taxes we pay every day? We cannot continue sustaining a system where the public funds everything while government agencies evade accountability.
Let us be absolutely clear:
Motorists are NOT against the expansion of the A8 Highway (Rironi-Mau Summit Highway).
We have advocated for it for over 20 years.
What we oppose is double taxation, unfair tolling, selective regional punishment, and the privatisation of Kenya’s public roads.
Toll fees were abolished in 1994 and replaced by a Fuel Levy that all motorists pay upfront. You cannot charge citizens twice. The law requires a toll road to be built on new land with a free alternative route. That principle was respected by the Nairobi Expressway and by the SGR. It cannot be ignored here.
Instead of tolling one section of Kenyans, the proposed Sh200 billion can be turned into a sovereign loan funded within our Sh3 trillion national budget. Kenya can afford this road without selling its future.
This is not a fight against development. It is a fight for fairness, for legality, and for the protection of public assets. Public roads must remain public. Motorists deserve justice- not exploitation.”
READ MORE: Fresh twist in multi-billion Rironi-Mau Summit toll highway deal
