The High Court is expected to deliver judgment today in a constitutional petition challenging the proposed construction of the Ngong–Riruta railway project.
The petition was filed by Busia Senator Okiya Omtatah against Kenya Railways Corporation (KRC) and several state agencies involved in the implementation of the project.
At the centre of the dispute is the proposed railway line linking Ngong and Riruta, which Omtatah argues was approved and advanced without meeting constitutional and statutory requirements.
The senator has questioned the transparency surrounding the project and challenged the processes used in procurement and financing, while also raising concerns about whether adequate environmental protections and public participation requirements were observed before implementation.
Earlier in January 2026, the court temporarily halted construction of the railway after issuing interim conservatory orders pending determination of the petition.
Justice Bahati Mwamuye issued the orders after finding that the respondents had failed to comply with earlier court directions requiring them to file and serve responses by December 30, 2025.
At the time, the court noted that no satisfactory explanation had been provided for the failure to comply with the timelines.
The conservatory orders effectively suspended implementation of the project until the legal questions raised in the petition could be heard and determined.
Subsequently, in March 2026, the High Court directed the disclosure of documents relating to the project after finding that the petitioner had established a constitutional basis for access to the information.
Justice Mwamuye ordered the state agencies to produce records connected to the railway project within 30 days.
The court’s directive opened the way for examination of documents relating to project approval, procurement, environmental processes and financing arrangements.
Kenya Railways Corporation has opposed efforts to stop the project, arguing that continued suspension could expose the country to substantial financial losses.
According to KRC, delays in implementation would affect timelines and potentially increase the cost of delivering the infrastructure.
China Road and Bridge Corporation (CRBC), the contractor implementing the project, has also defended the project and challenged the petition.
In submissions filed before the court, CRBC argued that decisions relating to the allocation of public resources and the financing of national infrastructure projects fall within the constitutional mandate of the Executive and Parliament.
The company maintains that the petition challenges government policy choices concerning financing through the Railway Development Levy Fund and argues that such issues fall outside the court’s adjudicative mandate.
Today’s judgment is expected to determine whether construction proceeds as planned or whether aspects of the project will require review or reconsideration under constitutional and statutory standards.
