Sh11.5bn Riruta-Lenana-Ngong Railway Project Stopped by High Court

The construction of Nairobi’s Sh11 billion Riruta-Lenana-Ngong metre-gauge railway commuter line has been brought to an abrupt halt following a High Court order issued on Tuesday. Justice Bahati Mwamuye granted interim conservatory orders stopping all further work on the project pending the hearing of a constitutional petition that challenges both the legality and procurement process of the ambitious urban transport initiative. The court action was brought by Busia Senator Okiya Omtatah alongside activists Bernard Muchiri Muchere and Naomi Nyakerario Misati, who argue that the project violates constitutional requirements and exposes public funds to potential misuse. Justice Mwamuye ruled that he was “satisfied that in the interest of justice while granting the application for the adjournment of the matter, interim orders should also be granted stopping any further construction or implementation of the Riruta–Lenana–Ngong commuter railway project.” “An interim conservatory order be and is hereby issued restraining the 1st, 2nd, 3rd, 4th, 5th, 9th, and 10th Respondents, jointly and severally, and whether directly or through their employees, servants, agents, contractors, associated entities, or howsoever otherwise from continuing, implementing, financing, or progressing the construction of the impugned Riruta – Ngong Commuter Meter Gauge Railway Project,” Justice Mwamuye ordered. Additionally, the court barred the allocation, disbursement, or use of any funds from the Railway Development Fund or the Consolidated Fund outside parliamentary budget allocations. The decision came after both the government and Kenya Railways Corporation failed to file their responses to the petition, forcing a postponement of the hearing. Kenya Railways’ legal representative, senior counsel Chacha Odera, explained that the corporation was unable to submit responses due to a separate Nakuru High Court order barring state corporations from hiring private advocates. “We have been unable to file our responses as by doing so we will be in contempt of the court order issues in Nakuru,” Odera told the court. The petitioners have raised serious concerns about the project’s approval process, arguing that it commenced without adequate public participation, environmental safeguards, or proper parliamentary appropriation. Central to their case is the claim that the executive branch has unconstitutionally committed billions of shillings without parliamentary approval, violating Articles 201, 206, 220, and 221 of the Constitution. “The executive’s unilateral commitment of billions of shillings, and exposure of the Republic to contingent liabilities, without parliamentary sanction, is prima facie unconstitutional and a direct usurpation of legislative authority,” Omtatah argues The petitioners also questioned the use of the Railway Development Levy Fund, alleging that money collected through the levy is being diverted to projects without proper legal authorization. Additionally, they challenged the decision to assign the project to Kenya Railways Corporation, which they claim is technically insolvent and lacks capacity to implement such large-scale infrastructure projects. Local residents from Karen and Lang’ata, represented by Samora Sikalieh, have joined the legal challenge, citing failure by the government to involve them in decision-making processes. The court heard that their attempts to obtain critical project documents and participate in consultations were unsuccessful. Senator Omtatah further contended that no evidence had been presented demonstrating compliance with environmental impact assessment requirements, potentially violating Articles 42, 69, and 70 of the Constitution. In urging the court to grant interim orders, Omtatah stated that “the orders sought are purely preservative, temporary, and non-determinative of the merits. The respondents will suffer no irreversible prejudice, while the public stands to suffer massive and irreparable harm if the orders are denied.” The petition also seeks to restrain the State from disbursing funds from either the Railway Development Levy Fund or the Consolidated Fund for this project and other railway ventures valued at up to Sh2.824 trillion. The case will be mentione of February 10 for further hearing