High Court Declares Sh11.5 Billion Riruta–Ngong Railway Project Unconstitutional
News Updated: 17 July 2026 17:18 EAT
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The High Court has declared the proposed Sh11.5 billion Riruta–Ngong commuter railway project unconstitutional, dealing a significant blow to one of the government's planned transport infrastructure projects aimed at improving commuter rail services in the Nairobi Metropolitan Area. The court found that the project was initiated in violation of constitutional and statutory requirements governing public finance, procurement and public participation.
In a judgment delivered by Justice Bahati Mwamuye, the court ruled that the government failed to obtain the necessary parliamentary approval before committing public funds to the project. The judge held that the omission contravened constitutional provisions that require legislative oversight over major public expenditure and financing arrangements.
The court further found that there was inadequate public participation before the project was approved and implemented. Justice Mwamuye noted that residents and stakeholders likely to be affected by the railway line were not meaningfully consulted, despite the Constitution requiring public involvement in major development projects.
The judgment also declared the procurement process leading to the award of the railway contract unlawful. According to the court, the procurement did not comply with constitutional principles of transparency, accountability and fairness, rendering the process invalid.
The constitutional petition challenging the project was filed by Busia Senator Okiya Omtatah and constitutional lawyer Bernard Micere Mugo. The petitioners argued that the project had been unlawfully initiated without parliamentary approval, proper public participation and adherence to procurement laws.
They also challenged the planned use of money from the Railway Development Levy Fund, arguing that the fund could not be utilised for the project without following the legal framework governing its expenditure.
The case has been before the High Court since late 2025. In January 2026, the court issued conservatory orders suspending implementation of the project pending the hearing and determination of the petition.
During the proceedings, the court directed the government to produce key documents relating to the project, including feasibility studies, procurement records, financing agreements, Cabinet approvals and evidence demonstrating that public participation had been undertaken.
The proposed Riruta–Ngong commuter railway was designed as a 12.5-kilometre metre-gauge line linking Riruta, Karen, Bulbul and Ngong. The project was expected to ease traffic congestion along the Ngong Road corridor by providing an alternative mode of transport for thousands of daily commuters.
Kenya Railways Corporation defended the project throughout the proceedings, maintaining that all legal procedures had been followed and arguing that halting the railway would delay efforts to improve Nairobi's commuter transport network.
China Road and Bridge Corporation, which had been selected to undertake the project, also opposed the petition, arguing that the project was lawfully undertaken and warning that suspending it could expose the government to financial and contractual consequences.
The High Court's decision effectively invalidates the project's approval and implementation process. Any future attempt to revive the railway will require the government to comply fully with constitutional requirements, including obtaining any necessary parliamentary approval, conducting meaningful public participation and undertaking procurement in accordance with the law.
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FELIX MAKONA
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