, NAIROBI, Kenya, Nov 21 – The High Court has dismissed an application seeking to block the construction of the multi-billion shilling Standard Gauge Railway.
Justice Isaac Lenaola found that the award of the tender to a Chinese company was properly done and that procurement procedures were followed.
The judge said that government had advertised the tender, and ruled that those who were aggrieved ought to have come forward and challenged the process before the award was announced.
Justice Lenaola said that the petitioners – Okiya Omtatah and the Law Society of Kenya – did prove the element of destruction of the environment as claimed in their petition.
The judge also said an Environmental Assessment Audit was carried before the tender was advertised, which means proper procedures were put in place.
The judge, while dismissing Omtatah’s application said that the documents he relied on were not properly procured and he directed that the same be expunged from the records.
He said Parliament was involved in discussing the economic importance of the railway which showed public participation in the process, and Kenyans did not lose their value for money.
The judge urged the parties in the suit each to pay their own costs.