Kenya Railways denies contempt, says Riruta–Ngong rail site was being secured

Kenya Railways Corporation (KRC) has pushed back against a contempt of court application filed by Busia Senator Okiya Omtatah over the continued implementation of the Riruta–Ngong Commuter Metre Gauge Railway Project.

The dispute came up for hearing before High Court Judge Bahati Mwamuye on Tuesday, but the matter was adjourned after the court noted late filings by the parties.

The contempt application arises against the backdrop of a broader constitutional challenge filed by Senator Omtatah over the legality and implementation of the Ngong–Riruta railway project.

The High Court had previously temporarily halted construction after finding that Kenya Railways and other state agencies failed to comply with directions to file responses.

In another subsequent application, Omtatah accused Kenya Railways and several senior government officials of contempt, arguing that construction activities continued even after the court suspended the project pending the hearing of a constitutional petition.

They told the court that work at the site had not stopped, contrary to the orders issued by the court.

“We are concerned about the lack of compliance with court orders,” stated Lawyer Charles Kanjama for the petitioner.

Kenya Railways, however, denied breaching the orders.

In its submissions, Kenya Railways insisted that it has not defied court orders and that any activity at the site was aimed at securing the project.

The corporation maintained that the activities observed at the site did not amount to construction but were limited to fencing and securing the area.

According to KRC, the measures were necessary to make the site safe and to preserve the value of the project, which it said was already incurring huge financial losses due to delays.

“All the works have stopped, and the corporation is incurring huge losses,” noted the counsel representing the corporation.

In a pointed remark during the proceedings, Justice Mwamuye observed that making a site safe did not require express permission from the court.

“Making a site safe, fencing—you don’t need permission to make a site safe,” the judge stated, while clarifying the scope of the interim orders.

The judge further noted that he had not initially issued conservatory orders halting the project but did so later after the respondents failed to comply with court directions.

He expressed concern over the lack of compliance with earlier orders requiring parties to file and serve their responses within set timelines.

The court directed that a hearing date against the contempt application be heard on February 26, 2026.

In final interim directions, the court varied its earlier orders, noting that since the matter is scheduled for hearing within 16 days, the interim conservatory orders would remain in force up to February 26.

However, the judge clarified that the orders would not prevent Kenya Railways from undertaking activities necessary to secure the project site.

“The interim orders shall not prevent the making safe of the project site or undertaking works that preserve value, security, and utility,” the judge ruled.