High Court halts Sh11b Riruta-Lenana-Ngong railway project

The High Court has temporarily stopped the construction of the Sh11 billion Riruta-Lenana-Ngong metre-gauge railway commuter line after issuing conservatory orders pending the hearing of a constitutional petition challenging the project.

Justice Bahati Mwamuye yesterday granted the orders following an application filed by Busia Senator Okiya Omtatah and two activists, Bernard Muchiri Muchere and Naomi Nyakerario Misati, who are contesting the legality and procurement process of the multi-billion-shilling project.

The judge issued the order after the government and Kenya Railways Corporation (KRC) failed to file their responses, prompting a postponement of the hearing.

“In the meantime, I am 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,” Justice Mwamuye ruled.

Kenya Railways through lawyer Chacha Odera informed the court that it was unable file responses citing the court order issued by Nakuru High Court barring state corporations from hiring private advocates to defend them in court.

"We have been unable to file our responses as by doing so we will be in contempt of the court order issues in Nakuru, " lawyer Odera said.

The court directed that the petition be fast-tracked for hearing on February 11, 2026, and ordered the respondents to file their responses within the timelines set by the court.

The conservatory orders suspend all ongoing works on the commuter rail line, which forms part of a wider urban transport plan aimed at easing traffic congestion in Nairobi’s western suburbs.

Omtatah and his co-petitioners urged the court to issued interim orders restraining the State from proceeding with the project or disbursing funds from the Railway Development Levy Fund (RDLF) or the Consolidated Fund for the project and other railway ventures valued at up to Sh2.824 trillion.

“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,” Omtatah told the judge.

They told the court that the project was approved without adequate public participation and environmental safeguards and that the procurement process violated constitutional and statutory requirements.

In their joint submissions, the petitioners told the court to urgently block the project on the grounds that it violates the Constitution by disregarding public participation, and exposing public funds to potential misuse.

They further argued that the project commenced without parliamentary appropriation, in violation of Articles 201, 206, 220 and 221 of the Constitution, which vest exclusive authority over public funds in Parliament.

“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 argued.

The petitioners also raised concerns over the use of the Railway Development Levy Fund, saying the levy imposed to fund railway construction was being diverted to projects without legal authorisation.

They further faulted the decision to assign the project to Kenya Railways Corporation (KRC), which they said is technically insolvent and lacks the capacity to implement projects of such magnitude.

The petitioners argue that Kenya's current public debt is in crisis and the public has a profound interest in ensuring that any new major expenditure is lawful, authorized and fiscally.

The residents of Karen and Lang'ata, through their association representative Samora Sikalieh, faulted the government for failing to involve them and the general public in the project and decision-making processes.

They informed the court that their attempts to write to the government to be involved in the process and disclosure of critical project documents failed.

Omtatah contended that no evidence had been presented to show compliance with environmental impact assessment requirements, in violation of Articles 42, 69 and 70 of the Constitution.

The respondents named in the petition include Kenya Railways Corporation, its Board of Directors, the National Executive, the Attorney-General, the National Assembly, the Auditor-General and contractors China Road and Bridge Corporation (CRBC), APEC Consortium Ltd and Africa Star Railway Operation Company Limited (Afristar).