A major infrastructure project along Ngong Road has been halted by the High Court, following a legal victory by Busia Senator Okiya Omtatah. The Sh11 billion Riruta-Ngong railway project, designed to ease Nairobi’s notorious traffic congestion, has been suspended indefinitely due to issues of inadequate public consultation, financial mismanagement, and potential evictions. The ruling has sent shockwaves through both government circles and the residents facing the threat of displacement.
The Legal Setback
In a landmark decision on January 20, 2026, Justice Bahati Mwamuye ruled in favor of Omtatah’s petition, which challenged the legality of the project. The senator argued that the railway project, which had already seen bulldozers at work along Ngong Road, lacked a proper budgetary framework approved by Parliament. The court sided with Omtatah, noting that the project’s Sh11 billion budget appeared to be based on informal funding sources, with no clear approval process in place. “You cannot build a railway on the back of an I.O.U.,” Omtatah declared outside the court, a sentiment echoed by the ruling.
The court also took issue with the lack of public participation in the planning stages. According to the ruling, key stakeholders, particularly the affected residents, were not adequately consulted, violating constitutional requirements. This, along with the absence of procedural clarity on how the funds were raised, led to the suspension of the project. The court further blocked any disbursement of funds from the Railway Development Levy Fund (RDLF) until the case is fully heard.
Impact on Residents and Commuters
The delay has a direct impact on thousands of families who had been living in fear of eviction. The railway line, which was intended to span 12.5 kilometers and serve up to 20,000 commuters daily, threatened to displace thousands in neighborhoods like Kibra, Riruta, and Ngong. The court ruled that no evictions could take place before the residents were properly compensated. This is a major victory for those living in the path of the railway, who had long feared that their homes would be demolished without proper compensation.
Despite the win for residents, the suspension also underscores the frustration of commuters in Nairobi and Kajiado. With fuel prices soaring near KES 200 per liter, many had hoped that the new rail line would offer a much-needed alternative to gridlocked roads. “We want the railway, but we do not want it if it means our houses are crushed at night,” said Mary Wanjiku, a trader at Ngong Market, highlighting the delicate balance between urban development and residents’ rights.
As the legal battle continues, questions about the procurement process also remain unresolved. Allegations suggest that the tender was single-sourced to a Chinese firm, bypassing the Public Procurement and Asset Disposal Act, which requires open competitive bidding for government contracts.
For now, the traffic jams along Ngong Road continue, and the unfinished railway project stands as a reminder of the persistent legal and procedural challenges that often plague large-scale infrastructure projects in Kenya. As the case progresses, the outcome could reshape how future projects are approached, both in terms of budgeting and the involvement of affected communities.
