The High Court has dealt a major blow to the government’s transport agenda by temporarily halting construction of the Ksh11 billion Riruta-Lenana-Ngong rail. The stoppage follows a petition by Busia Senator Okiya Omtatah and two other petitioners, who raised serious legal and financial concerns over the project.
The court also froze all disbursements from the Railway Development Levy Fund (RDLF) toward the railway. With the government facing scrutiny over its railway spending, the fate of the 12.5 km commuter line now hangs in the balance, sparking debate over transparency, accountability, and the future of Nairobi’s transport plans.
High Court Halts Construction of Sh11bn Riruta-Lenana-Ngong Rail
The suspension, announced on Tuesday, January 20, affects the Riruta-Lenana-Ngong metre gauge commuter line, a project initially launched in December 2024. The court acted after Senator Omtatah challenged the government’s expenditure of a Ksh2.824 trillion railway budget, which covers multiple rail projects, including this 12.5 km commuter route.
Judge’s orders also halted the release of funds from the RDLF, a special levy intended to finance railway projects, citing unresolved questions over proper parliamentary approval and compliance with public finance rules. The petitioners argued that the government bypassed essential legal steps, including parliamentary vetting and public participation, before initiating the project.
“I am satisfied that, in the interest of justice, and while granting the application for the adjournment of the matter, interim orders should also be issued stopping the construction of the Riruta–Lenana–Ngong metre gauge railway commuter line,” the judge ruled.
The petition claims the government’s actions violated constitutional principles of accountability, good governance, and prudent financial management. It questions whether the public and lawmakers were adequately informed about the project’s cost breakdown, funding source, and long-term fiscal impact.
Questions Over Railway Funding and Process
The petitioners focused heavily on the use of the RDLF, arguing that funds were misapplied. They alleged that the government was diverting money from the levy or the Consolidated Fund without Parliament’s approval, a move they claim undermines transparency and accountability.
By challenging these processes, Omtatah’s team cast doubt on the government’s handling of the Ksh11 billion Riruta-Lenana-Ngong rail. They insisted that statutory procedures, such as public hearings and legislative scrutiny, were ignored.
The High Court’s suspension now places the government in a difficult position. With construction halted and funding frozen, contractors and commuters eagerly waiting for completion face uncertainty.
Government’s Vision for the Commuter Rail
The Riruta-Lenana-Ngong rail was a flagship project under President William Ruto’s Bottom-Up Economic Transformation Agenda (BETA). The railway was meant to provide affordable mass transit, decongest Nairobi roads, and serve as the first phase of a broader commuter network stretching from Riruta to Karen, Bulbul, Ngong, and eventually towards Kiserian and Ongata Rongai.
Former Transport CS Kipchumba Murkomen hailed the railway as a solution to Nairobi’s daily traffic nightmare. He described it as a modern, efficient alternative to private cars and matatus, promising faster and safer commuting for residents along the corridor.
Government documents reveal that the commuter line’s objectives include reducing travel time, supporting urban development, and linking residential areas to the city’s economic hubs. Yet, the High Court halt threatens to stall these benefits indefinitely.
The project’s estimated cost of Ksh11 billion raised eyebrows among critics who claim that the government’s railway programs lack proper oversight. By freezing funds, the court signals that public resources must undergo scrutiny before release.
The legal battle is also fueling public debate on the RDLF’s role. The levy, collected from railway users and commercial entities, is meant to fund transparent and sustainable railway projects. Mismanagement or bypassing parliamentary oversight could set a dangerous precedent for other infrastructure projects.
Implications for Nairobi Commuters and Developers
If the High Court’s orders remain in force, commuters along the Riruta-Lenana-Ngong corridor may face prolonged traffic congestion. Developers planning residential and commercial projects near railway stations could also see delays, affecting urban growth plans.
Contractors engaged in building the railway now risk financial losses. The suspension creates uncertainty in timelines, potentially escalating costs and disrupting project schedules.
Meanwhile, public and political scrutiny over railway funding and project approvals is likely to intensify. Lawmakers and civil society groups may demand more transparency and stricter compliance with constitutional and financial regulations.
The High Court’s decision underscores a broader lesson for Kenya’s infrastructure projects: transparency, proper planning, and public participation are not optional. They are essential safeguards against waste, mismanagement, and legal challenges.
The government now faces a choice—either fully comply with parliamentary and public oversight procedures or risk prolonged legal battles that could stall the entire railway agenda. As Nairobi’s commuters wait, the Riruta-Lenana-Ngong rail sits in legal limbo, a reminder that even high-profile infrastructure projects cannot bypass the law.
