Court challenge hits Naivasha-Kisumu SGR extension over transparency concerns

The planned extension of the Standard Gauge Railway from Naivasha to Kisumu is facing a legal hurdle after a petitioner moved to the High Court to halt the project. The suit alleges that the multi-billion shilling infrastructure development has been shrouded in secrecy, with the government failing to provide essential information to the public regarding its environmental impact and financial viability.

According to the petition, the Kenya Railways Corporation and the Ministry of Roads and Transport have not conducted adequate public participation. The petitioner argues that residents in the affected counties, including Narok, Bomet, Kericho, and Kisumu, have been left in the dark about how the rail line will impact their land and livelihoods. This lack of engagement, the suit claims, violates constitutional requirements for transparency in large-scale public projects.

At the heart of the dispute is Phase 2B of the SGR, a 269-kilometer stretch intended to link the existing line at Naivasha to a new terminus in Kisumu. While the government has recently intensified efforts to begin land acquisition, the petitioner contends that the Environmental and Social Impact Assessment (ESIA) process was flawed. The court documents suggest that the reports used to justify the project do not accurately reflect the concerns of local communities or the long-term ecological risks to the Lake Victoria basin.

Beyond environmental concerns, the legal challenge targets the financial arrangements of the extension. The petitioner is seeking a court order to compel the government to disclose the full details of the funding agreements. There are claims that the project risks plunging the country further into debt without a clear plan for economic return, echoing previous criticisms regarding the transparency of the initial phases of the SGR from Mombasa to Suswa.

Kenya Railways recently announced that construction was slated to begin by late March, with survey teams already deployed to mark boundaries in Kisumu. The National Land Commission has also started identifying over 5,000 acres of land for compulsory acquisition. However, the petitioner argues that these activities should be suspended until the court determines whether the project meets the legal threshold for public involvement and constitutional compliance.

State officials have defended the project, stating that the railway is a vital component of the Northern Corridor that will eventually connect Kenya to Uganda and the Democratic Republic of Congo. They maintain that stakeholder engagement meetings have been held with local leaders and that compensation for project-affected persons will follow market rates.

The High Court is expected to give directions on whether to grant conservatory orders that would freeze the groundbreaking ceremony. If the court rules in favor of the petitioner, it could lead to significant delays for a project that the administration has prioritised as a central pillar of its regional trade strategy. For now, the heavy machinery remains on standby as the legal process takes center stage.