Busia Senator Okiya Omtatah has urged the High Court to halt implementation of the Sh11.5 billion Riruta-Ngong Commuter Meter Gauge railway project.
Omtatah and two other activists, Bernard Muchiri Muchere and Naomi Nyakerario Misati, sought urgent conservatory and interim orders restraining the State from proceeding with the project or disbursing funds from the Railway Development Levy Fund (RDLF) or the Consolidated Fund for this and other projects worth up to Sh2.824 trillion.
In their joint submissions, the petitioners told the court to urgently block the project because it violates the Constitution by disregarding public participation and exposing public funds to potential misuse.
Further, they argued that the project commenced without the necessary parliamentary appropriation, in violation of Articles 201, 206, 220, and 221 of the Constitution, which vest exclusive authority over public funds in Parliament.
“The Executive’s unilateral commitment of billions of shillings, and exposure of the Republic to contingent liabilities, without parliamentary sanction, is prima facie unconstitutional and a direct usurpation of legislative authority,” Omtatah argued.
The petitioners also raised concerns over the use of RDLF, arguing that the levy imposed to fund railway construction was being diverted to other projects without legal authorisation. They further argued that the Kenya Railways Corporation, which is technically insolvent, had been tasked with implementing projects worth billions without proper feasibility studies or procurement compliance.
“The assignment of this multi-billion-shilling project to the 1st Respondent(KRC) defies logic and responsible fiscal management,” the submissions stated.
According to Omtatah, Kenya Railways, the entity tasked with executing this and other projects, is deeply insolvent.
“Its own financial statements reveal accumulated losses of approximately Sh197 billion and negative equity of about Sh72 billion,” he says
Despite this reality, the senator adds that the Executive and Parliament have approved a portfolio of railway projects for the corporation to implement valued at approximately Sh2.824 trillion, an amount that defies logic, prudence, and basic principles of public finance.
Concerns were also raised over public participation, which is a constitutional requirement under Articles 10, 118, and 232.
The petitioners noted that affected communities, including the Karen Langata District Association, represented by interested party Samora Sikalieh, were not consulted before the project began.
“Public participation is not a retrospective formality to sanitise an unlawful process. It is a substantive constitutional requirement,” they argued.
Environmental concerns were also highlighted by the petitioners.
They contended that no evidence had been provided to show that the project adhered to environmental impact assessment requirements or engaged the public, violating Articles 42, 69, and 70 of the Constitution.
The petitioners are also seeking interim discovery orders compelling respondents to produce documents critical to the case, including contracts, feasibility studies, procurement records, environmental reports, and proof of public participation.
The respondents named in the petition include Kenya Railways Corporation, its board of directors, the Attorney General, the National Assembly, the Auditor General, and contractors: China Road and Bridge Corporation (CRBC).
Justice Bahati Mwamuye ruled that the case will be heard on January 20.
