NAIROBI, Kenya, Jan 21 – The High Court has temporarily stopped the construction of the proposed Riruta–Ngong Commuter Metre Gauge Railway Project after issuing interim conservatory orders against Kenya Railways and other state agencies.
In orders issued on January 20, 2026, Justice Bahati Mwamuye restrained Kenya Railways Corporation and several government entities from continuing, financing or progressing the project, citing non-compliance with court directions by the respondents.
The case was filed by activist Okiya Omtatah Okoiti and others, who challenged the legality of the project and its funding. During a virtual court session, the court noted that most respondents had failed to file their responses within the timelines set on December 22, 2025, despite proper service of court documents.
“I am satisfied that proper service was effected and that the respondents have not disclosed any justifiable reason for failing to comply with the court’s directions,” Justice Mwamuye ruled.
The court also barred the allocation, disbursement or use of funds from the Railway Development Fund or the Consolidated Fund for the project, unless such spending had already been approved by Parliament.
The conservatory orders will remain in force until the petitioners’ application dated December 19, 2025 is heard, unless the court extends or varies them.
Justice Mwamuye directed all respondents to file their responses to both the application and the main petition by January 27, 2026, while the petitioners are expected to file rejoinders and submissions by January 30, 2026. Submissions by parties opposing the application are due by February 4, with rebuttals by February 9.
The hearing of the application will take place virtually on February 10, 2026.
The ruling temporarily puts on hold a key commuter rail project, raising fresh questions over its funding, approval process and compliance with legal and constitutional requirements.
