Kenya’s high court has cleared the construction of the multi-million-dollar Riruta-Ngong railway project after petition. The 12.5 kilometer railway line was launched in December 2030 and connects several regions. These include Riruta, Karen, Bulbul and Ngong across Nairobi and Kajiado counties. Furthermore, the line is expected to serve at least 10,000 passengers daily once completed. The monumental project will proceed as planned after the High Court ruled in the government’s favor. It noted that the government and its partners conducted sufficient public consultations before construction. In her ruling, Justice Anne Omollo stated that Kenya Railways Corporation had adequately engaged the public before launching the Sh8.7 billion project. The government works in collaboration with the Ministry of Roads and Transport and Chinese contractors. “Taking all the evidence into account, I find that the respondents conducted adequate public participation before the assessment report dated May 17, 2024,” noted the judge.
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The Riruta-Ngong railway project aims to reduce traffic congestion and enhance public transport in the capital and surrounding areas. The petition, filed by the Karen Lang’ata District Association covered several scopes they felt infringed. The petitioners claimed that the consultation process was flawed. Furthermore, they noted it was inadequate, and excluded directly affected persons. They also alleged that construction began on land owned by the Directorate of Veterinary Services in Ngong. The group noted that this was done without proper environmental scrutiny or community engagement. Concerns raised also included potential air, water and noise pollution.
It also entailed disruption of biodiversity in Karen’s ecologically sensitive zones and destruction of tree cover in residential neighborhoods. In addition, they questioned the credibility of some public participation questionnaires, citing missing dates and signatures. Based on this, the petitioners asked the court to declare the project unconstitutional, cancel the contract awarded to Kenya Railways Corporation. They also asked subsequent contracts withdrawn from China Railway Design Corporation, and Apec Consortium Co. Ltd. Moreover, they asked for the issuance of a permanent injunction halting construction. However, the judge noted that environmental risks raised by the association were already addressed in the Environmental and Social Impact Assessment (ESIA) report, which included mitigation.
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