China Road and Bridge Corporation has urged the High Court to throw out a petition seeking to stop construction of the RirutaβNgong Commuter Meter Gauge Railway Project. The Chinese firm is the main contractor on the job.
In court submissions, CRBC argued that decisions on allocating public resources for national infrastructure belong to the Executive and Parliament. Courts should not interfere, the company said.
The contractor maintains the petitioners are challenging government policy on financing the railway through the Railway Development Levy Fund. Such matters fall outside judicial review, according to CRBC.
The firm entered a valid contract with Kenya Railways Corporation and has already spent heavily on mobilisation. This includes heavy machinery, technical staff and other resources on site.

Site work progress, 5 months ago /Lola Chila YouTube
Halting the works now would expose the government to big contractual claims and compensation payouts. Those costs would ultimately fall on taxpayers, CRBC warned.
Senator Okiya Omtatah and other petitioners have not provided credible evidence of constitutional rights violations, the submissions state. Many claims rely on media reports and speculative assumptions about debt and taxes.
CRBC also pushed back on claims of inadequate public participation. It noted that similar issues on stakeholder engagement and environmental approvals were already settled by the Environment and Land Court in earlier cases.
Construction on the project has reached about 40 percent completion. Significant civil works are done along the corridor from Riruta to Ngong.
Stopping at this point would leave unfinished structures, create safety hazards, risk environmental problems, cause job losses and waste billions already invested. The public interest lies in finishing the line, the company argued.

Site work progress 5 months ago /Lola Chila YouTube
The railway is meant to ease traffic congestion in the Nairobi metropolitan area and deliver efficient mass transit services.
CRBC accused the petitioners of trying to override government policy choices with their own views on whether funds should go to rail or road projects. Such debates are for policymakers, not judges, it said.
The firm has asked the court to dismiss the petition with costs. It insists the project is proceeding lawfully.
The RirutaβNgong project was launched by President William Ruto and then-Roads CS Kipchumba Murkomen. It forms part of efforts to expand commuter rail options around the capital.
The petition remains pending before the High Court. No immediate ruling date has been set.
Kenyaβs commuter rail expansion has drawn both support and legal challenges in recent years. Projects in the Nairobi area often face questions over funding, environmental impact and value for money.
CRBC has delivered several major infrastructure contracts in Kenya, including sections of the Standard Gauge Railway. Its involvement in this meter gauge upgrade reflects continued Chinese participation in local transport projects.
For now, works continue while the case proceeds. The outcome could influence how future infrastructure disputes are handled in court.
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