Nairobi — The High Court has nullified the government's Sh12 billion Ngong-Riruta metre gauge railway project, ruling that it was conceived and implemented in violation of the Constitution and procurement laws.
In a judgment delivered by Justice Gregory Mutai, the court found that the multi-billion-shilling project proceeded without parliamentary approval, a competitive procurement process, a feasibility study or meaningful public participation, rendering its implementation unconstitutional.
The judge noted that although construction of the railway is already about 40 per cent complete, the project can only proceed after the government fully complies with the law. This includes securing parliamentary approval, conducting a fresh competitive procurement process, undertaking a feasibility study and carrying out genuine public participation.
Justice Mutai further ruled that the use of the Railway Development Levy Fund (RDLF) to finance the project before March 27, 2026, was unconstitutional, adding that subsequent amendments to the law could not be applied retrospectively to legitimise earlier constitutional violations.
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The case was filed by Busia Senator Okiya Omtatah and the Karen Langata District Association, who argued that the project was unlawfully financed through the Railway Development Levy Fund and that residents and other affected stakeholders were never meaningfully consulted before construction began.
The court also faulted the Kenya Railways Corporation and other government agencies for failing to disclose key project documents despite court orders directing that the information be made public.
On public participation, Justice Mutai held that consultations conducted after construction had already begun could not remedy the constitutional defects that tainted the project's implementation from the outset.
The judge directed the government, within 90 days, to either undertake a fresh, transparent and competitive tender for the remaining works or demonstrate that the existing contracts can withstand constitutional scrutiny through full disclosure, competitive benchmarking and parliamentary oversight.
The government was also ordered to conduct fresh public participation involving residents' associations, affected landowners and other stakeholders along the proposed railway corridor. In addition, it must disclose the feasibility study, route alignment, financing arrangements and procurement records related to the project.
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Justice Mutai further ruled that the conservatory orders issued on January 20, 2026, suspending construction of the railway will remain in force for one year, or until the government fully complies with all the court's directives.
