The Kenya Transporters Association Ltd (KTA) has strongly advised all transporters using two major roads in Kenya not to pay entry fees terming it illegal, unconstitutional, null and void.
In a notice by KTA on October 28, 2024, truck drivers have been urged not to pay any County truck entry fees imposed by Busia County on the Nairobi-Malaba Highway.
“The Kenya Transporters Association Ltd (KTA) strongly advises all transporters using the following roads not to pay any County truck entry fees imposed by Busia County.”
“1. Nairobi-Malaba Highway: This is a Class A (International Trunk) road, a vital part of the Trans-Africa Highway Network and a major route connecting Kenya to Uganda. 2. Nairobi-Kisumu-Busia Highway: This is a B1 (National Trunk) road, a major route connecting Kenya to Uganda,” the notice read in part.
According to KTA, these roads are under the jurisdiction of the National Government.
As such, the Kenya National Highways Authority (KeNHA) is responsible for their maintenance and operation.
“County governments have no authority to impose restrictions or levies on these national roads,” KTA noted.
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KTA: Busia County Truck Entry Fees in Contravention of Article 209
Furthermore, the association clarified that the Busia County truck entry fees are in contravention of Article 209 of the Kenya Constitution. The Supreme Court ruling in Base Titanium Limited v. County Government of Mombasa and the Attorney General (Petition No. 22 of 2021) also reaffirmed the principle of constitutional legality in taxation. The Court clearly distinguished between national and county roads, emphasizing that counties cannot impose levies or restrict movement on national roads.
Moreover, the statement further reiterated that the Busia County Finance Act 2023 and the subsequent public notice mandating the collection of County entry fees for transit trucks are therefore ILLEGAL, UNCONSTITUTIONAL, NULL, AND VOID.
In addition, the Kenya Transporters Association encouraged the trucks to refuse paying these illegal fees, noting that by adhering to this directive they will safeguard their rights as transporters and contribute to the upholding of the law.
“We urge all transporters to resist payment of these illegal demands,” the statement affirmed.
Also Read: 9 Nairobi Roads to Be Closed for 13 Hours
Advisory to Importers and Exporters Using Kenyan Routes
At the same time, the Kenya Transporters Association urged importers and exporters to closely monitor the situation regarding the proposed illegal truck entry fees imposed by Busia County.
Furthermore, the association hinted at the negative impact these fees will bring if implemented. KTA said that the fee sets a dangerous precedent that could lead to similar levies by ALL 47 COUNTIES across Kenya.
“These additional fees will significantly increase transportation costs, making Kenyan routes less competitive. To mitigate these risks, it may become necessary to consider alternative routes through neighbouring countries,” the KTA statement further explained.
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