The High Court has temporarily suspended construction of a Sh11 billion Riruta-Lenana-Ngong meter gauge railway commuter line pending hearing of a petition filed by Senator Okiya Omtatah and two others.
The court further suspended any further disbursements of Railway Development Levy Fund (RDLF) towards the project.
While praying for the order, Mr Omtatah, together with Bernard Muchiri and Naomi Misati, said the government will not suffer any prejudice if the project is suspended pending the hearing of the case.
The petitioners questioned the use the Fund under what they termed as systemic misapplication of the RDLF under the Miscellaneous Fees and Levies Act. They alleged that the diversion of funds from the RDLF or the Consolidated Fund is being done without the approval of Parliament.
“I am satisfied that it is in the interest of justice while granting the application for the adjournment of the matter, that interim orders should also be granted stopping the construction of the Riruta-Lenana-Ngong meter gauge railway commuter line,” said the court on Tuesday.
The petitioners have faulted the government and the Kenya Railways Corporation (KRC) for proceeding with project without transparent disclosure of its total and accurate cost, source of funding, and without Parliamentary approval. The Busia senator said in his submissions that under the Constitution, no public money may be withdrawn from the Consolidated Fund or any public fund except as authorised by an Act of Parliament.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,” he said.
On Tuesday, Kenya Railways stated that it was yet to file its response to the suit, citing a court order issued by the High Court in Nakuru barring State corporations from hiring private advocates to defend them in court.
“We have been unable to file our response as by doing so, we will be in contempt of the court order issued in Nakuru,” KRC said through senior counsel Chacha Odera.
The petitioners submitted that public interest is not served by rushed projects that bypass the foundational laws designed to ensure accountability, transparency, and sustainability.
Further, they argue that with Kenya's current public debt crisis, the public has a profound interest in ensuring that any new major expenditure is lawfully authorised and fiscally sound.
The residents of Karen and Lang’ata, through their association, have also faulted the government for failing to involve them and the general the public in the project and decision-making processes.
They say they unsuccessfully wrote to the government requesting involvement in the process and seeking disclosure of critical project documents.
