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Court order halts Riruta-Lenana-Ngong commuter line construction
20th January, 2026 06:36 PM
A Nairobi High Court has issued a conservatory order halting the construction of the Riruta–Lenana–Ngong commuter lane by the Kenya Railways Corporation at a cost of Ksh11 billion.
The orders stem from a petition filed by Senator Okiya Omtatah Okoiti with two other petitioners at the Milimani constitutional and human rights division, arguing that the Kenya Railway Corporation did not publicise the Apec Consortium Company Limited contract as required under section 137(1) & (3) of the PPADA.
Petitioners Omtatah, Bernard Muchiri and Naomi Misati state that the project contract was awarded to the contractor unconstitutionally and that the conduct further violates Articles 201(a) and (d) of the Constitution on openness, accountability and responsible use of public resources.
Issuing the orders on Tuesday, January 20, 2026, Justice Bahati Mwamuye has blocked the Kenya Railways, the Principal Secretary of the State Department for Transport, the China Road and Bridge Corporation (CRBC), and the Apec Consortium Company Limited, among other respondents, from proceeding with the project.
“An interim conservatory order be and is hereby issued restraining the 1st, 2nd, 3rd, 4th, 5th, 9th, and 10th Respondents, jointly and severally, and whether directly or through their employees, servants, agents, contractors, associated entities, or howsoever otherwise from continuing, implementing, financing, or progressing the construction of the impugned Riruta – Ngong Commuter Meter Gauge Railway Project,” part of the orders read.
Block release of monies
Further, Justice Mwamuye has also blocked the release of any other monies from the railway development funds or any consolidated funds outside of what the National Assembly already has in the budget towards the project.
“An interim conservatory order be and is hereby restraining and prohibiting the further allocation, disbursement, or utilisation of any funds from the Railway Development Fund or the Consolidated Fund outside of budgetary allocations by Parliament already made, if at all, with respect to the impugned Riruta–Ngong Commuter Meter Gauge Railway Project,” Justice Mwamuye ordered.
The court has noted that the interim conservatory orders will lapse at the end of the day on the day that the petitioners’ (Omtatah, Bernard Muchiri and Naomi Misati) notice of motion application dated December 19, 2025, is heard, unless otherwise varied or extended.
The hearing of the petitioner’s notice of motion application shall be by way of highlighting written submissions and will be on February 10, 2026, at 10:30 am virtually.
