High Court declares Ksh.12 billion Ngong–Riruta Railway project unconstitutional

In a judgment delivered by Justice Gregory Mutai, the court found that the project proceeded without parliamentary approval, a competitive procurement process, adequate public participation and a feasibility study, contrary to the law.

Although the railway is already about 40 per cent complete, the judge said the project may continue only after the government complies with all legal requirements, including obtaining parliamentary approval, undertaking a fresh procurement process, conducting a feasibility study and carrying out meaningful public participation.

"The use of the Railway Development Levy Fund (RDLF) for the project before March 27, 2026, was unconstitutional, and the subsequent amendment to the law cannot be applied retrospectively to validate earlier constitutional violations," Justice Mutai ruled.

The petition was filed by Busia Senator Okiya Omtatah together with the Karen Langata District Association, who challenged the project's funding through the Railway Development Levy Fund and argued that residents and other affected stakeholders were never meaningfully consulted before construction began.

Justice Mutai also faulted Kenya Railways Corporation and government agencies for failing to disclose key project documents despite court orders requiring the information to be made public.

On public participation, the court found that consultations conducted after the project had already commenced could not cure the constitutional defects surrounding its implementation.

The judge directed the government, within 90 days, to either conduct a fresh, transparent and competitive tender for the remaining works or demonstrate that the existing contracts can withstand constitutional scrutiny after full disclosure, competitive benchmarking and parliamentary oversight.

The court further ordered the government to undertake fresh public participation involving residents' associations, affected landowners and other stakeholders along the railway corridor. It also directed the disclosure of the feasibility study, route alignment, financing arrangements and procurement records.

The court ordered that the conservatory orders issued on January 20, 2026, halting construction of the railway, will remain in force for one year or until the government fully complies with the court's directives.