The High Court has temporarily halted the implementation of the proposed Riruta–Ngong metre gauge railway project after faulting the respondents for disobeying court directions.
In interim orders issued on Tuesday, Justice Bahati Nwamuye restrained the Kenya Railways Corporation (KRC), a state corporation, together with its agents and any other parties, from proceeding with the procurement or execution of the project pending the hearing and determination of an application filed before the court.
The judge ruled that all the respondents had been duly served with court papers and directions, but failed to comply with timelines set by the court to file their responses.
Justice Nwamuye noted that the respondents did not provide a convincing explanation for their failure to adhere to the orders.
“I am satisfied that proper service was effected upon all the respondents. However, no satisfactory reason has been advanced to justify their failure to file responses by December 30, 2025, as directed by the court,” the judge stated.
He further emphasised that parties cannot disregard court orders and later seek refuge in excuses that do not adequately account for their non-compliance.
According to the court, obedience to court directions is fundamental to the administration of justice and cannot be treated as optional.
Justice Nwamuye observed that, given the circumstances, it was necessary to preserve the subject matter of the dispute to avoid rendering the pending application nugatory.
He held that the interests of justice would best be served by adjourning the matter while granting interim relief to maintain the status quo.
As a result, the court issued orders restraining KRC, its officers, agents, contractors, or any other persons acting on its behalf from continuing with the implementation or procurement processes related to the Riruta–Ngong railway project.
The interim orders will remain in force until the application is heard and determined. The matter is expected to be mentioned on a later date for further directions.
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 attracted legal challenge from 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.
The petitioners further claim that the project poses a risk of land encroachment and disruption to affected communities along the proposed corridor.