The High Court has temporarily halted the construction, financing and implementation of the Sh11 billion Riruta-Ngong Commuter Meter Gauge Railway Project pending the hearing and determination of a petition filed by Okiya Omtatah and two others.
In interim conservatory orders issued on Tuesday, Justice Bahati Mwamuye restrained the Kenya Railway corporation (KRC) and respondents, whether jointly or severally, and whether directly or through their agents, employees or contractors, from progressing with the impugned project.
The court further barred the allocation, disbursement or utilisation of any funds from the Railway Development Fund or the Consolidated Fund, outside budgetary allocations already approved by Parliament.
The orders were issued after the court found that a majority of the respondents had failed to comply with court directions requiring them to file responses by December 30, 2025, despite having been properly served.
Justice Mwamuye said that the court’s directions issued on December 22, 2025 were explicit that timelines would be strictly enforced, and that the respondents had not offered any explanation for their non-compliance.
“I am satisfied that proper service was effected and that the respondents have not disclosed any reason for their failure to comply,” the judge ruled.
Mwamuye said the non-compliance could not be attributed to any external factors.
The conservatory orders will remain in force pending the hearing and determination of the petition, unless varied or extended by the court.
The judge directed the respondents to file their responses by January 27, while the petitioners are to file rejoinders and submissions by January 30, 2026.
Parties opposing the application have until February 4, 2026 to file submissions, with rebuttal submissions due by February 9.
The application will be heard on February 10, 2026, by way of highlighting of written submissions.
The case arises from a dispute over the proposed Riruta–Ngong metre gauge railway project, which is intended to enhance commuter transport between parts of Nairobi and Kajiado County.
The project, to be implemented by KRC, has been challenged by the petitioners who argue that the planning and procurement processes were undertaken in violation of the law.
They contend that key statutory requirements, including public participation, environmental approvals and compliance with procurement regulations, were either ignored or inadequately addressed before the project was rolled out.
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