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Riruta-Ngong railway case: Treasury PS Kiptoo, AG Oduor and other senior officials risk court sanctions
Senator Okiya Omtatah and SC Charles Kanjama have filed a contempt application against the Treasury PS, Attorney General, and other top officials for continuing work on the Sh11 billion Riruta-Ngong railway despite a January 20 court stay.
Treasury PS Chris Kiptoo and several senior government officials risk being punished for contempt of court for disobeying a directive stopping the construction of the Riruta-Ngong meter gauge railway project.
In an urgent application, Busia senator Okiya Omtatah and Senior Counsel Charles Kanjama want Dr Kiptoo, Attorney General Dorcas Oduor, Transport PS Mohamed Daghar, Secretary to the Cabinet Mercy Wanjau, Kenya Railways managing director Philip Mainga and Mr Samuel Njoroge (clerk of the National Assembly) cited for contempt of court.
Court documents stated that the construction of the Sh11 billion railway line is ongoing despite being stopped by the court on January 20.
Treasury Principal Secretary Chris Kiptoo.
The petitioners stated that the court expressly directed that the interim orders would last until their application is heard, unless the order is varied or extended by the court. The case was then fixed for hearing on February 10.
“That notwithstanding the existence, service and knowledge of the said court order, the respondents, jointly and severally, have willfully proceeded with the construction of the Riruta-Ngong meter gauge railway project, in blatant disregard of the orders of this honourable court,” the application stated.
The Attorney General Dorcas Oduor.
The court directed that the application be mentioned on February 2 for directions.
Mr Kanjama said in the application that the conduct of the government officials constitutes a direct affront to the authority, dignity and supremacy of the court and makes them liable for contempt proceedings and attendant sanctions.
“Unless the court intervenes, the respondents will continue undermining the authority of the court and frustrating the due administration of justice,” he said.
The petitioners added that the defiance of the court orders imperils their right and ability to prosecute the petition and also threatens to render the orders of the court useless and set a dangerous precedent of impunity and disregard for judicial authority.
While stopping the construction of the railway line, the court also suspended any further disbursements of the Railway Development Levy Fund (RDLF) towards the project, pending the determination of the case.
The petitioners questioned the use of 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.
Busia Senator Okiya Omtatah.
Mr Omtatah submitted that the Kenya Railways Corporation (KRC) and the Ministry of Transport commenced the project without prior parliamentary appropriation or approval, in violation of the Constitution and the Public Finance Management Act.
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.
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