The High Court has temporarily halted construction of the Ksh11 billion Riruta–Ngong commuter railway line after Busia Senator Okiya Omtatah moved to court to challenge the project’s legality and constitutionality.
Justice Bahati Mwamuye issued interim conservatory orders against Kenya Railways Corporation and several state agencies, stopping all ongoing and planned works on the rail line until the court hears and determines the constitutional petition.
Sitting in Nairobi on Tuesday, Justice Mwamuye granted the orders after finding that the respondents had failed to comply with clear court directions. The agencies had neither filed nor served their responses by the December 30, 2025 deadline and failed to provide a satisfactory explanation for the delay.
“I am satisfied that proper service was effected and that the respondents have not disclosed any reason why they did not file responses as directed by this court,” Justice Mwamuye ruled.
Omtatah filed the petition against Kenya Railways Corporation and multiple government agencies, arguing that the Ngong–Riruta railway project violates the law and the Constitution.
In his ruling, the judge stated: “An interim conservatory order be and is hereby issued restraining the 1st, 2nd, 3rd, 4th, 5th, 9th and 10th respondents jointly and severally, and whether directly or through their employees, agents, servants, contractors, associated entities, from continuing implementing, financing, or progressing the construction of the impugned Ruiru-Ngong commuter railway project.”
The court further barred any fresh allocation or disbursement of public funds outside approved budgetary provisions pending the determination of the case.
During the hearing, counsel for Kenya Railways told the court they were not ready to proceed. He attributed their failure to file responses to a separate conservatory order issued by the High Court in Nakuru, which suspended the engagement of private law firms by public entities.
The lawyer argued that Kenya Railways, as a statutory corporation, could not lawfully instruct external counsel without risking contempt of the Nakuru court order issued by Justice Samuel Mukira.
He informed the court that applications seeking to lift the Nakuru orders had already been filed and were scheduled for mention on January 30.
“We are unable to comply so that we do not find ourselves in a position of conflict,” Oraro told the court, urging the judge to issue fresh directions and allow more time for compliance.
However, lawyer Charles Kanjama, appearing for the petitioners, rejected the explanation. He told the court that the Nakuru order dealt with contractual engagements and did not prevent state agencies from appearing in court or filing responses.
Kanjama urged the court to preserve the substratum of the petition by maintaining the status quo if it chose to adjourn the matter. He also pointed out that Kenya Railways has an in-house legal department and could not rely on the Nakuru orders to justify non-compliance.
Omtatah echoed the same position, telling the court that the respondents’ explanation amounted to an excuse rather than a valid reason. He noted that the timelines set by Justice Mwamuye were issued before the Nakuru orders came into force.
Justice Mwamuye declined to interpret the Nakuru ruling but held that the respondents’ failure to comply with court timelines warranted interim relief.
The court adjourned the matter, with the conservatory orders remaining in force pending further directions.
The decision effectively pauses all construction and financing activities on the Ngong–Riruta railway line as the legal battle over the project continues in court.
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