In their suit papers, the Motorist Association of Kenya and other private individuals argue that the highway project, executed under a Build-Operate-Transfer (BOT) framework, effectively cedes control of a critical national corridor to private and foreign entities.
They claim this undermines national sovereignty, could result in double taxation on motorists, and is economically unsound.
The petition names several respondents, including the Ministry of Roads, Kenya National Highways Authority (KeNHA), the PPP Directorate, the private contractors, the National Social Security Fund (NSSF), and the Attorney-General.
“The concession model allows private operators to control revenue and road access for decades,” the petitioners argue, adding that alternative free routes could be restricted, forcing users onto toll roads.
The PPP Directorate has defended the project, stating it underwent rigorous technical, financial, legal, social, and environmental assessment.
KeNHA clarified that no contract has yet been finalized, and the project is still at the negotiation stage with a preferred bidder.
Officials insist the upgrade is vital for reducing congestion, improving road safety, and boosting trade along the Northern Corridor, a key economic artery linking Nairobi to western Kenya.
The High Court has ordered that the petition be served to all respondents. The matter is scheduled for mention on Friday next week.
Should the court issue an injunction, construction could be halted indefinitely, affecting timelines for the highway upgrade.
Conversely, a dismissal could see the project proceed, with tolling and private-sector management under the PPP arrangement.
The petition highlights growing public scrutiny over PPP projects and toll roads, reflecting broader concerns about infrastructure financing, national control, and transparency in Kenya.
