The High Court has given the government the go-ahead to continue with the Ksh11.5 billion Riruta-Ngong project despite the legal battle over the project’s legality and financing.
The court had earlier issued orders stopping the project through a petition questioning the legality of the project and the funds set aside for the project.
The case was filed by Okiya Omtatah and Benard Micere Mugo, a constitutional lawyer, questioning the legality of the project, mainly the funds drawn from the Railway Development Levy Fund, claiming the fund itself could be unconstitutional and asked the court to declare the law and regulations governing the project unconstitutional.
The plaintiff also claimed that Parliament did not properly approve the project and that there was a lack of public participation before the project commenced and funds were released.
There were also claims of the funds drawn from the Levy Fund being misused under the Miscellaneous Fees and Levies Act.
The challengers also looked at how the approval and financing of the rail project were conducted, with the possibility of it not being eligible for a national government loan guarantee and the possibility of violating constitutional standards of transparency, accountability, and oversight of public funds.
Despite the ongoing litigation, the government had already entered into a contract with the China Road and Bridge Corporation for the development of the rail line.
The company has also been involved in the development of the Standard Gauge Railway, connecting Nairobi and Mombasa, as well as the Nairobi Expressway.
The new rail line will pass through four major stations, namely Riruta, Karen, Bulbul, and Ngong, and will branch off the existing metre gauge rail line near Lenana School.
The new line is expected to transport over 10,000 passengers per day and will reduce congestion on the busy Ngong Road, with travel time reduced to 30 minutes as opposed to the usual two hours during rush hour.
The development of the new rail line is part of a larger upgrade of the 165-kilometre-long commuter rail line, with developments also being made around Talanta Sports City as the Africa Cup of Nations approaches.
Future phases of the project are expected to extend the railway from Ngong to Kiserian and later connect back to Nairobi through Ong’ata Rongai.
The development comes just a day after the World Bank approved a Ksh65 billion loan to support upgrades to the Nairobi–Thika commuter rail system.