NAIROBI, Kenya — The High Court has temporarily halted the implementation of the proposed Riruta–Ngong metre gauge railway project, dealing a blow to the Sh8.7 billion plan after finding that key respondents failed to comply with court directions.
In interim orders issued on Tuesday, Justice Bahati Mwamuye restrained the Kenya Railways Corporation, its agents and any other parties from proceeding with the procurement or implementation of the project pending further directions from the court.
The judge faulted the respondents for failing to file their responses within the timelines set by the court, despite confirming that proper service had been effected.
“The respondents have not given a good reason as to why they failed to file their responses by December 30,” Justice Mwamuye ruled, stressing that non-compliance with court orders cannot be justified by external factors.
He said the interests of justice required the matter to be adjourned while interim relief is granted to preserve the subject of the dispute.
The case, which will be mentioned next month for further directions, was filed by Busia Senator Okiya Omtatah alongside two other petitioners, who are challenging the legality of the commuter rail project.
At the heart of the petition is the Railway Development Levy Fund (RDLF). The petitioners argue that the levy, together with its enabling laws and regulations, is unconstitutional and should be declared null and void.
They contend that under the current legal framework, the RDLF can only be used to finance the construction and operations of the Standard Gauge Railway (SGR) — not the Riruta–Ngong commuter rail project or any other undertaking.
The petition also challenges the approval, commissioning and financing of the project, arguing that it does not qualify for national government loan guarantees.
According to the petitioners, its implementation violates constitutional principles governing public finance, including transparency, accountability, fiscal responsibility and parliamentary oversight.
The interim orders effectively freeze the project, pending the court’s determination on whether the funding model and approval process comply with the Constitution.
