Court Quashes Sh12bn Ngong-Riruta Meter Gauge Railway Project

The government suffered a major setback on Friday when the High Court quashed the Sh12 billion Ngong-Riruta meter gauge railway project. Justice Gregory Mutai ruled that the initiative violated several legal requirements.

The judge noted the project reached 40 percent completion without parliamentary approval, meaningful public participation or a competitive procurement process. He however left room for resumption after the government regularises all procedures.

The ruling came after a petition by Busia Senator Okiya Omtatah and the Karen Langata District Association. They challenged the use of the Railway Development Levy Fund and the absence of proper feasibility studies and compensation plans.

The court found that funding through the levy before a 2026 amendment was unconstitutional. It said the amendment could not retroactively validate earlier violations of public finance laws.

Kenya Railways Corporation and the government had defended the project. They argued the levy falls under national oversight and that expenditure aligned with its objectives.

Justice Mutai faulted the refusal to disclose project information despite court directions. He described the public participation that occurred as retroactive and inadequate.

The court directed fresh competitive tendering within 90 days if works are to continue. It also ordered genuine public engagement with affected residents and full disclosure of key documents.

Conservatory orders stopping construction will remain in force for one year. The government must demonstrate compliance before proceeding.

The Ngong-Riruta line formed part of efforts to expand commuter rail services in the Nairobi metropolitan area. President William Ruto had launched aspects of the project in 2023.

The decision highlights ongoing tensions between infrastructure ambitions and constitutional requirements for transparency and participation.