Court battle looms over 50km/h speed limit on Nairobi-Embu Highway

In a petition filed at the High Court in Murang'a, Nicholas Karimi Muna is seeking urgent orders to stop the National Transport and Safety Authority (NTSA) and the Kenya National Highways Authority (KeNHA) from enforcing the deceleration zone near the Montezuma Monalisa Funeral Home in the Makenji area.

Through his lawyer, Gachie Mwanza, the petitioner claims the sudden speed drop creates a perfect storm for severe rear-end collisions.

According to court documents filed under a Certificate of Urgency, the general speed limit on the dual carriageway is set at 110 km/h for motorcars and 80 km/h for commercial vehicles. 

However, two weeks ago, authorities introduced a restrictive 50 km/h limit spanning a brief 500-meter stretch near Makenji, after which the limit immediately jumps back to 110 km/h.

The petition argues that requiring motorists to instantly slash their speed by more than half without a proper transition zone is highly dangerous. 

 "The drastic and sudden reduction in the prescribed speed limit requires motorists... to undertake an immediate, sudden, and substantial deceleration," the petition states, noting that the resulting heavy braking has created a heightened risk of multi-vehicle pileups.

Mr. Muna questions the rationale behind the restriction, pointing out that a central median barrier physically separates the highway at that section. 

Because of this barrier, pedestrians cannot cross the road, meaning there is no foot traffic to justify a near-stop speed limit.

The petition further noted that the signage indicating the end of the 110km/hr from both ends was inadequate, poorly placed and not clear to motorists lawfully travelling at highway speed of 110km/hr which was contrary to the requirements of the Traffic Act.

It also pointed out that there was no public notice, stakeholder consultation, or public participation process undertaken before the speed limit was altered at the location. 

"I believe that it is the Montezuma Funeral Home that lobbied for the reduction of the speed limit without any justification as there is enough space provided by the same business for parking of motor vehicles adjacent to the Highway and as such this business should not affect the speed limit on the Highway," the petitioner noted.

Furthermore, the suit alleges that while proper warning signage is visibly lacking, the NTSA has been quick to enforce the zone. 

The petitioner accuses the authority of deploying hidden cameras on the 500-meter stretch to catch unsuspecting drivers and issue instant fines.

"Due to the sudden and abrupt requirement to decelerate from the lawful speed limit of 110km/hr to 50km/hr and the signage being inadequate and not visible; the 1st Respondent (NTSA) is unjustly exploiting Kenyans through imposition of a Kshs. 10,000/- fine whereas there is no justification or adequate notice for any motorist to decelerate in time," the petition states. 

The lawsuit lists the NTSA, KeNHA, the Cabinet Secretary for Ministry of Roads and Transport, and the Attorney General as respondents.

The petitioner argues that the state agencies are violating the public’s constitutional rights to administrative justice, fair trial, and safety, stating that the public should not have to wait for deaths to occur before the court intervenes.

The petitioner is now urging the court to issue conservatory orders staying the implementation of the 50 km/h limit to protect road users from what he terms "unlawful, unconstitutional, and illegal" losses.

The court is expected to give directions on the urgency of the application in the coming days.