Mau Summit toll: PPP committee dismisses COFEK challenge to Ksh8-per-km fee

A consumer group's challenge to the Ksh8-per-kilometre toll on the Rironi-Mau Summit Highway has been struck out, and the government is defending the charge against double-taxation claims.

What happened

The Public Private Partnership (PPP) Petition Committee dismissed a petition by the Consumers Federation of Kenya (COFEK) against the proposed Ksh8 per kilometre toll on the Rironi-Mau Summit highway. The committee struck out the petition because it was filed outside the seven-day statutory deadline under the PPP Act [4]. A second report describes the result as another loss for COFEK and says the tribunal faulted it for trying to investigate the entire project without proof of specific grievances [2]. The two reports give different grounds for the ruling. COFEK had asked the committee to compel the roads authority to produce tolling plans, feasibility studies, procurement records and public participation reports [3].

Kefa Seda, Director General of the PPP Directorate, defended the toll on Saturday, November 7, and dismissed double-taxation claims [1]. He said tolls differ from taxes because motorists pay only when they use a designated toll road [1]. He also said that once a road is gazetted for tolling, it stops receiving Road Maintenance Levy Fund (RMLF) allocations, and toll revenue is deemed sufficient to recover capital investment and maintenance costs [1].

Why Kenyans are searching for it

The sources do not explain why the term is being searched for, and they do not describe a general rise in interest. The closest reporting is the toll dispute [1][4] and the separate dispute over the road's cost [5]. An online user quoted in [1] asked how it is fair for motorists to pay both the RMLF and the toll.

Key facts

• Toll rate: Ksh8 per kilometre on the Rironi-Mau Summit Highway [1][4].
• Petition outcome: Struck out by the PPP Petition Committee for being filed late. The committee also noted COFEK did not say when the Kenya National Highways Authority issued the disclosure document [4].
• Government position: A toll is a fee for using a road service, and motorists can avoid it by using alternative routes [1].
• Cost dispute: According to [5], Treasury Cabinet Secretary John Mbadi dismissed claims that the government inflated the road's cost. He attributed the higher cost to design changes and the cancellation of a previous contract with a French firm.
• Allegation: According to [5], Democracy for Citizens Party leader Rigathi Gachagua alleges that President William Ruto pocketed Sh3.5 billion after the tender was cancelled. These are Gachagua's allegations as reported in [5]. The sources do not show an official response to this claim.

What to watch

The sources do not say whether COFEK plans a further challenge after the latest ruling. Watch for any official response to the Sh3.5 billion allegation, which the sources do not record. The sources also do not say when, or whether, the Ksh8 toll will take effect.

Sources

1. [1] PPP Boss Responds to Double Taxation Claims Over Rironi-Mau Summit Toll - Kenyans.co.ke
2. [2] Consumer lobby loses second bid to challenge proposed Sh8-per-kilometre Mau Summit toll - Daily Nation
3. [3] COFEK loses bid to stop Sh8 Per kilometre toll charges on Rironi-Mau Summit Highway | The Eastleigh Voice - The Eastleigh Voice
4. [4] PPP Committee Rules on Nairobi-Mau Summit Highway Toll Fees - Nairobi Tea
5. [5] Rironi-Mau Summit Road cost dispute and Treasury termination fee exposure - Nairobi Tea

Compiled by the NairobiCity trend desk from the sources above.