PPP committee throws out Cofek challenge to KSh8-per-km Mau Summit toll

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The Public Private Partnership Petition Committee dismissed the Consumers Federation of Kenya's petition against the planned highway toll because it was filed late. It is the lobby's second setback after the High Court struck out a similar case in September.

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Kenya, China

The Consumers Federation of Kenya (Cofek) has lost another round in its fight against tolls on the Nairobi-Nakuru-Mau Summit and Rironi-Maai Mahiu-Naivasha highways. The Public Private Partnership Petition Committee threw out the lobby's petition, the Daily Nation reported. The committee ruled that Cofek had filed outside the seven-day deadline set by law.

The committee found that Cofek had not said when the Kenya National Highways Authority (KeNHA) issued the disclosure document it was challenging. Records showed the document existed before September 2, 2025, when stakeholder consultations began. "We find that the petition dated September 30, 2026 and lodged on October 2, 2026 was lodged out of time," the committee said. It added that this left it without jurisdiction to hear the case.

Cofek had sought project approvals, feasibility studies, financial models, procurement records, tolling plans and public participation documents. It argued that the disclosure did not explain affordability, value for money, how the tariff was set, toll-free alternatives, exemptions or who carries the financial risk. The committee also said it could not investigate the whole project without a specific decision and proof of harm. "The Petition Committee cannot be invited to determine something in the abstract devoid of any pleadings and proof," it said.

KeNHA told the committee that a tariff of about KSh8 per kilometre is part of the project's financing model. The authority said it had considered affordability, value for money and risk allocation. It added that the law does not require a free or parallel road next to a tolled one. According to Kenyans.co.ke, KeNHA's June 23, 2026 notice set KSh8 per kilometre from Rironi to Naivasha and KSh8.50 from Naivasha towards Mau Summit.

According to the Nation, the project covers 233 kilometres and will run under a 30-year public-private partnership. The Nation put the cost at $863 million (Sh111.7 billion). It named China Road and Bridge Corporation and the National Social Security Fund as partners. Kenyans.co.ke described it as a KSh200 billion project, with Shandong Hi-Speed Road and Bridge International Engineering handling the Gilgil-Mau Summit section. President William Ruto launched the project in November 2025.

In September, the Milimani High Court struck out Cofek's earlier constitutional petition. The court said the lobby had not first used the review process under the Public Private Partnerships Act. By law, appeals against the committee's decisions go to the High Court.

Sources Daily Nation, Kenyans.co.ke

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