The High Court has certified as urgent a petition challenging the toll charges introduced by the government for motorists who will use the Chinese-built double-decker Nairobi Expressway.
Justice Anthony Mrima directed the petitioner, the Consumer Federation of Kenya (Cofek), to serve the court papers to the Transport and Infrastructure Secretary within three days.
Cofek accuses the Transport minister of failing to conduct public participation as required by law before publishing the base toll rates in December, which he later updated in April ahead of the planned opening of the highway on Saturday.
The lobby says the toll rates pose huge economic implications to Kenyans, and as such, their introduction without public consultation would amount to illegality and is unconstitutional.
Motorists are expected to pay between Sh120 and Sh1,800 in toll charges, depending on the size of the vehicle and the distance covered, the Kenya Gazette on April 22 showed.
The notice added that the prices would be adjusted based on changes in the Consumer Price Index and prevailing foreign exchange rates.
“A legislation that introduces caste system of inferior and superior citizens, pegged on affordability and wealth, in the same country where they share citizenship and common heritage is bad,” he said.
Further, Cofek has protested that the Mombasa Road has been narrowed and, in most areas, the initial three lanes have been reduced to two, ostensibly to cause more traffic jams “so that motorists are forced to use the private elevated upper deck”.
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Justice Anthony Mrima directed the petitioner, the Consumer Federation of Kenya (Cofek), to serve the court papers to the Transport and Infrastructure Secretary within three days.
Cofek accuses the Transport minister of failing to conduct public participation as required by law before publishing the base toll rates in December, which he later updated in April ahead of the planned opening of the highway on Saturday.
The lobby says the toll rates pose huge economic implications to Kenyans, and as such, their introduction without public consultation would amount to illegality and is unconstitutional.
Motorists are expected to pay between Sh120 and Sh1,800 in toll charges, depending on the size of the vehicle and the distance covered, the Kenya Gazette on April 22 showed.
The notice added that the prices would be adjusted based on changes in the Consumer Price Index and prevailing foreign exchange rates.
“A legislation that introduces caste system of inferior and superior citizens, pegged on affordability and wealth, in the same country where they share citizenship and common heritage is bad,” he said.
Further, Cofek has protested that the Mombasa Road has been narrowed and, in most areas, the initial three lanes have been reduced to two, ostensibly to cause more traffic jams “so that motorists are forced to use the private elevated upper deck”.
Cofek files petition to stop expressway toll fees
Consumer Federation of Kenya says the toll rates pose huge economic implications to Kenyans.
www.businessdailyafrica.com
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