High Court Petitions Halt to Multi-Billion Shilling BRT Line 5 Tender

Legal proceedings have intensified over the development of Nairobi’s Bus Rapid Transit Line 5 after a construction firm moved to the High Court to block the Kenya Urban Roads Authority from awarding the multi-billion shilling contract. The petitioner, CK Solutions Limited, an international firm from South Korea, is acting through its local representative, Beyond Trading Limited. 

The application filed at the Milimani Law Courts under a certificate of urgency seeks to suspend all procurement steps related to Tender No. KURA/DEV/HQ/426/2024–2025. The firm argues that without immediate judicial intervention, the roads authority may execute a contract that could be legally flawed, leading to irreparable financial and reputational damage.

The dispute centers on the construction of a dedicated transit corridor along the 10.5-kilometer Outer Ring Road. Planned works for Line 5 include the building of 13 BRT stations, two overpass bridges, and a specialized depot featuring parking spaces and electro-mechanical installations. The project is funded through a government-to-government loan agreement with the Korea Exim Bank.

In court documents, the petitioners claim the procurement process violated Article 227 of the Constitution, which mandates that public entities contract for goods or services in a system that is fair, equitable, transparent, and competitive. The firm alleged that earlier attempts to secure administrative relief through the Public Procurement Administrative Review Board were unsuccessful, forcing a move to the High Court for a constitutional review.

The legal challenge has experienced several procedural hurdles since an initial petition was lodged in mid-2025. While the court previously declined to issue interim stay orders, it had directed the parties to fast-track the case. The current application for conservatory orders follows claims by the petitioner that the roads authority is continuing with the award process despite the pending litigation.

The Kenya Urban Roads Authority has previously defended the process, noting that the project is a critical component of the Nairobi Integrated Urban Transport Master Plan. Once completed, the line is expected to provide a high-capacity transport solution for the densely populated Eastlands area, utilizing electric buses to move passengers through the corridor.

The matter is scheduled for mention on January 27, 2026, before Justice Chacha Mwita. At that time, the court is expected to provide directions on the application for conservatory orders and set timelines for the hearing of the main petition. The outcome of the case will determine whether one of Nairobi's most anticipated infrastructure projects can proceed to the construction phase or will face further delays.