Kenya’s High Court on Tuesday temporarily stopped the Riruta–Ngong Commuter Meter Gauge Railway Project, citing repeated non-compliance by respondents with court timelines. The ruling also prohibited the allocation or use of public funds for the project, pending further court directions.
Issued at Milimani Law Courts on January 20, 2026, the interim conservatory orders bar several respondents from continuing, implementing, or financing the railway, whether directly or through agents, contractors, or associated entities. The court said the measures were necessary to uphold the integrity of its processes and enforce adherence to timelines.
The case, filed by activist Okiya Omtatah Okoiti and others against Kenya Railways Corporation and multiple respondents, was set for inter partes hearing of a Notice of Motion dated December 19, 2025. The hearing was to proceed by highlighting written submissions, but the court found that many respondents had failed to file their responses within the deadlines, prompting the judge to cancel the highlighting session.
Records show that the 1st petitioner effected electronic service on December 20, 2025, and hard copies on December 23. The 10th respondent reportedly refused to accept physical service. Referencing its earlier December 22 directions, the court held that respondents gave no valid reason for missing the December 30 deadline. The judge emphasized that external factors could not justify the delay, as the timeline had already lapsed.
In addition to restraining respondents from advancing the project, the court prohibited further disbursement or use of funds from the Railway Development Fund or Consolidated Fund for the project, except within budgetary allocations already approved by Parliament. The judge clarified that the orders are temporary and will lapse once the Notice of Motion application is heard, unless extended.
The court certified the matter as urgent and set strict deadlines for filings: respondents must file responses by January 27; petitioners may file rejoinders by January 30; further submissions by opposing parties are due February 4; and any rebuttal by petitioners by February 9. The application hearing is scheduled for February 10 at 10:30am and will be conducted virtually.
Petitioners attended in person, while senior counsel represented various respondents and interested parties. The ruling effectively pauses both construction and financing of the Riruta–Ngong railway, placing the project under judicial scrutiny ahead of substantive hearings on its legality and funding.
