Court summons top state officials over Riruta-Ngong rail land dispute

A version of this article originally appeared in the Citizen Digital

The Environment and Land Court has summoned three high-ranking government officials to answer to contempt of court charges following the continued implementation of the Riruta-Ngong Metre Gauge Railway project despite a standing injunction. Justice Anne Mwaure directed the officials to appear in person on February 11, 2025, to explain why they should not be held liable for defying orders meant to protect a disputed 12-acre parcel of land in Ngong.

The officials summoned include Roads and Transport Cabinet Secretary Davis Chirchir, Lands Cabinet Secretary Alice Wahome, and Kenya Railways Managing Director Philip Mainga. The court’s intervention follows an application by businessman Peter Ndegwa, who claims ownership of the land and alleges that the government has forcibly taken over his property for the railway expansion without following due legal processes or providing compensation.

In December 2024, the court issued an order stopping any further activity on the land until the ownership dispute was resolved. The petitioner told the court that despite this clear directive, construction crews and security personnel remained on the site, continuing with the project works. The Riruta-Ngong line is a critical 12.5-kilometre extension intended to link parts of Kajiado County to the capital's commuter network, yet it now faces legal hurdles that could stall its completion.

Legal representatives for the petitioner argued that the State's actions represent a blatant disregard for the rule of law. The court heard that the Ministry of Transport and Kenya Railways proceeded with site preparation and earthworks on the contested land, effectively ignoring the judicial stay. The petitioner seeks to have the officials committed to civil jail for six months for their role in the alleged defiance.

The Riruta-Ngong project is part of a broader plan to ease traffic congestion in Nairobi’s western suburbs. The government had previously announced that the line would feature stations at Riruta, Karen, and Ngong, serving thousands of commuters daily. However, land acquisition remains one of the most sensitive hurdles for infrastructure projects in Kenya, often leading to protracted battles between the National Land Commission and private title holders.

The State has maintained that the project is in the public interest and that the land in question was identified through proper planning channels. However, the court has emphasized that public interest does not override the constitutional rights of property owners to fair procedure and the right to be heard. The failure of the officials to halt the works after the December order has moved the focus from the land's ownership to the conduct of the executive branch in relation to judicial authority.

This development comes at a time when the Ministry of Roads and Transport is under pressure to deliver key rail links to alleviate the city's transport crisis. While the project is viewed as a solution to the long travel times between Kajiado and the Nairobi Central Business District, the legal standoff introduces a period of uncertainty for the contractors on site.

When the matter returns to court in February, the named officials will be required to show cause why they should not be punished for the ongoing works. The court's decision on that day will likely determine whether the railway project can proceed or if the machinery must remain idle until a full hearing on the land's title is concluded.