The High Court in Kiambu declined to certify as urgent a petition challenging the imposition of a Sh30,000 annual access fee on motorists using Palm Valley Road in Runda.
In directions issued on February 17, 2026 Lady Justice Dorah Chepkwony ruled that the application filed by petitioner Raymond Kamau did not meet the threshold for urgent certification.
Kamau has sued the Palm North Estate Residents’ Association and GardaWorld (Kenya) Limited, which is said to be enforcing the levy.
The Cabinet Secretary for Roads and Transport and the Attorney General are also named as respondents.
The petition, filed on February 12, 2026 challenged a mandatory Sh30,000 annual sticker fee introduced in February 2026 for vehicles accessing Palm Valley Road.
The route serves several residential estates, including Runda Mhasibu, Runda Paradise, Runda Five Star Meadows, Runda Ridge Estate and Iguta Paradise Estate.
It also provides access to four learning institutions including Brookhouse School Runda, Potterhouse Senior School, St. Hannah’s Preparatory School and Kasarini Primary School.
According to court documents, security personnel stationed at access points stop vehicles to inspect compliance.
Motorists without the annual sticker are allegedly delayed, denied entry or turned away.
Kamau, an Uber driver, stated in his supporting affidavit that the levy has effectively barred him from using the road, limiting his ability to serve clients in the area.
He claimed that more than 2,000 vehicles have already paid the fee, potentially generating over sh60 million for the residents’ association.
The petitioner argued that the levy violates several constitutional provisions, including freedom of movement, fair administrative action, and Articles 186 and 209 which vest revenue-raising powers in national and county governments.
The petition contended that the residents’ association lacks statutory authority under the Kenya Roads Act or the Public Roads and Roads of Access Act to impose or collect toll charges.
It further argues that the road has been used openly and continuously by the public for more than three years and that no gazette notice or regulatory approval was obtained before introducing the levy.
The petitioner described the toll as “exorbitant, exclusionary, and punitive,” adding that the restrictions are ongoing and cause irreparable harm.
“The continued enforcement of the toll regime poses a real risk of normalising illegality, encouraging other private entities to unlawfully erect barriers and impose levies on access roads under the guise of private security or property rights while amassing wealth ,” read the court documents.
In the application, Kamau wants the matter certified as urgent and heard on a priority basis.
He sought orders restraining Palm North Estate Residents’ Association and GardaWorld (Kenya) from levying, demanding, collecting or enforcing any toll, fee or sticker requirement on the road.
He also asked the court to issue a conservatory order compelling the immediate removal of all physical barriers, gates, chains, posts or any other obstructions erected along the road.
Further, he sought an order barring the Respondents from interfering with, obstructing or denying access to him, other interested parties and members of the public who lawfully use the road.
Additionally, Kamau wanted the Officer Commanding Police Division (OCPD) Kiambu directed to ensure compliance with any court orders that may be issued.
In the substantive petition, Kamau sought permanent reliefs, including a declaration that the road in question is a public access road and not a private toll road capable of unilateral privatization.
He also asked the court to declare the imposition and enforcement of the toll unconstitutional, illegal, null and void.
The petitioner further argued that the restriction of access violates several constitutional provisions, including Articles 10, 39, 40, 47, 186 and 209 of the Constitution.
He contended that private entities lack constitutional or statutory authority to impose tolls on public roads.
He also wanted the respondents restrained from continuing with the tolling regime, as well as a directive compelling the refund or restitution of all sums allegedly collected unlawfully from members of the public.
Justice Chepkwony has since directed that the application be served upon all respondents immediately.
The respondents have seven days to file responses, after which the matter will be canvassed through written submissions within 14 days for each party.
The matter is scheduled for mention on April 28, 2026 when the court will issue further directions.
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