Huge Blow as Court Blocks Government Bid to Restart Sh12bn Riruta-Ngong Rail Line

The government has suffered a setback after the High Court dismissed an application seeking to lift orders halting construction of the Sh12 billion Ngong–Riruta commuter railway. The dispute centres on the alleged diversion of funds from the Railway Development Levy to a metre-gauge project.

The court ruled that the State had failed to prove it would suffer substantial loss if the conservatory orders suspending the project remained in force pending appeal. Justice in the matter favoured allowing the constitutional petition to proceed without further delay.

The judge noted that the orders issued on March 19 were preservatory. They included a requirement for disclosure of project documents within 30 days, a deadline that had already passed. Without clear evidence of harm, staying the orders made little sense.

Update from site 4 months ago /Lola Chila Youtube

Construction of the 12.5-kilometre railway linking Riruta township in Nairobi and Ngong in Kajiado will stay suspended. The full hearing of the petition challenging its financing will now determine the project's future.

At the heart of the case lies the question of whether money collected from taxpayers through the Railway Development Levy Fund can lawfully finance a metre-gauge railway. Earlier law restricted the fund strictly to Standard Gauge Railway (SGR) projects.

Kenya Railways Corporation, the National Assembly and the Attorney-General had urged the court to suspend the March ruling. They argued the stoppage exposed the government to massive financial losses and disrupted contracts. The project stood at about 40.5 per cent complete, with more than Sh4 billion already spent.

Lawyers for Kenya Railways warned that contractors had demobilised and works had stalled. Continued suspension, they said, risked rendering any appeal pointless and could lead to the loss of billions already invested. Over 600 workers faced potential job losses.

The National Assembly pointed to recent amendments to the Railway Development Levy Fund law. These changes, it argued, now permit use of the levy for broader railway infrastructure, including metre-gauge lines like the Ngong–Riruta project.

Petitioners Busia Senator Okiya Omtatah and rights advocate Bernard Muchere opposed the application. They maintained the State was trying to re-litigate issues already decided. Omtatah insisted the matter involved core constitutional safeguards on public finance that could not be fixed retrospectively by legislation.

The court sided with the petitioners. It rejected arguments that the suspension would cause catastrophic harm. The project had already been on hold for two months, the judge observed, and one more month to conclude the case would not prove disastrous.

When the conservatory orders were first issued in March, the court had stressed they were based on a prima facie view. They did not represent a final determination. Judgment in the main petition is expected within 90 days from March 19, pointing to a decision around mid-June.

In that earlier ruling, the court halted construction and ordered Kenya Railways to release feasibility studies, procurement documents and financing agreements. It highlighted serious questions over procurement irregularities, public participation and possible misuse of public funds. Continued spending risked irreversible loss before legality was settled.

Update from site 4 months ago /Lola Chila Youtube

The commuter railway was commissioned by President William Ruto in December 2023. Construction started in early 2024. The line was intended to ease traffic pressure on the corridor between Nairobi and Ngong.

This latest decision keeps the project in limbo. It underscores ongoing tensions in Kenya over how infrastructure funds are allocated and the balance between rapid delivery and legal accountability in public projects. The coming weeks will show whether the petition succeeds in stopping the works permanently or if the government finds a path forward.