Busia Senator Okiya Omtatah has filed a case filed alongside activists Bernard Muchiri Muchere and Naomi Nyakerario Misati. Challenging the legality and constitutionality of financing large-scale railway projects through the Railway Development Levy Fund (RDLF).
The petitioners argue that the levy, collected from Kenyans through imports, is increasingly being used without adequate public participation, parliamentary oversight, or clarity on project prioritisation.
Omtatah is seeking to stop the implementation of the Sh11.5 billion Riruta–Ngong Commuter Meter Gauge Railway (MGR) project.
He’s intensifying scrutiny over the government’s handling of major infrastructure spending. The petition filed at the High Court adds to Omtatah’s long-standing activism around public finance accountability and transparency in the use of taxpayer funds.
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At the heart of the petition, Omtatah is asking the High Court to issue urgent conservatory and interim orders halting the Riruta–Ngong railway project and stopping the State from disbursing any funds from the RDLF.
Not only for this project but for other railway projects cumulatively valued at up to Sh2.824 trillion, pending the hearing and determination of the case. The petitioners contend that allowing the projects to proceed could result in irreversible financial commitments and potential loss of public funds.
According to court documents, the activists claim that the approval and funding of the commuter rail project did not fully comply with constitutional requirements on public finance management. This includes, transparency, accountability and public participation.
They argue that once funds are released and contracts executed, it would be difficult for the court to provide effective remedies even if the projects are later found to be unlawful.
The State, which is yet to formally respond, is expected to defend the project as part of efforts to decongest Nairobi, improve public transport, and modernise rail infrastructure.
The Riruta–Ngong line is intended to serve thousands of daily commuters in the city’s western corridor.
The High Court is expected to issue directions on the application for conservatory orders in the coming days, a decision that could have far-reaching implications for ongoing and planned infrastructure projects across the country.
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