High Court certifies as urgent petition challenging Riruta–Ngong railway funding

In directions issued by the court, the petitioners’ Notice of Motion dated 19 December 2025 was ordered to be heard on a priority basis under an expedited schedule.

The court directed the petitioners to immediately serve all respondents and interested parties with the application, petition, related pleadings, and earlier rulings, with an affidavit of service to be filed by 23 December 2025.

Respondents and interested parties have been granted until 30 December 2025 to file and serve their responses.

Senator Okiya Omtatah inthe case has  constitutional and financial challenge against the project and its funding framework.

At the centre of the case is the Railway Development Levy Fund (RDLF). The petitioners argue that the levy, its enabling statutes, and accompanying regulations are unconstitutional and should be declared null and void.

They contend that, as the law stands, the RDLF can only be applied to finance the construction and operations of the Standard Gauge Railway and not the Riruta–Ngong commuter project or any other undertaking.

The petition further challenges the approval, commissioning, and financing of the project, arguing that it does not qualify for national government loan guarantees and that its implementation violates constitutional principles governing public finance, including transparency, accountability, fiscal responsibility, and parliamentary oversight.

The petitioners also accuse the respondents of breaching procurement law by allegedly single-sourcing contractors in violation of Article 227 of the Constitution and applicable procurement statutes.

They question whether the contract qualifies as a proper Engineering, Procurement and Construction arrangement and dispute the qualifications of the selected contractor.

In addition, the petition raises concerns over public participation and access to information. The petitioners argue that the project was conceptualised and implemented without meaningful public participation and without conducting or disclosing feasibility and pre-feasibility studies.

They also challenge the legality of the Relocation Action Plan for persons affected by the project.

On the financial front, the petition alleges that certain loans attributed to the China Exim Bank, running into hundreds of billions of shillings, are fictitious and fraudulent.

The petitioners claim that the inclusion of these figures in Kenya Railways Corporation’s audited financial statements depleted the corporation’s equity and rendered it technically insolvent.

They argue that Kenya Railways Corporation is financially incapable of undertaking the multi-billion-shilling Riruta–Ngong commuter rail project and a wider project portfolio estimated at approximately Ksh2.824 trillion approved by the National Executive.

Among the remedies sought are court orders quashing the legal framework underpinning the Railway Development Levy Fund, decisions approving and financing the Riruta–Ngong project, procurement awards, environmental and social approvals, and loan arrangements.

The petitioners also seek prohibitory orders stopping construction of the project and barring further disbursements from the levy fund.

They further ask the court to direct the Auditor-General to conduct a special forensic audit of the Railway Development Levy Fund and Kenya Railways Corporation’s finances, with the findings to be submitted to the Director of Public Prosecutions and Parliament.

The petition also seeks orders directing the National Treasury to wind up the levy fund and remit any remaining balances to the Consolidated Fund.