Kenya Railways/FILE
Kenya Railways Corporation (KRC) has pushed back against a
contempt of court application filed by Busia Senator Okiya Omtatah over the
continued implementation of the Riruta–Ngong Commuter Metre Gauge Railway
Project.
The dispute came up for hearing before High Court Judge
Bahati Mwamuye on Tuesday, but the matter was adjourned after the court noted
late filings by the parties.
The contempt application arises against the backdrop of a
broader constitutional challenge filed by Senator Omtatah over the legality and
implementation of the Ngong–Riruta railway project.
The High Court had previously temporarily halted
construction after finding that Kenya Railways and other state agencies failed
to comply with directions to file responses.
In another subsequent application, Omtatah accused Kenya
Railways and several senior government officials of contempt, arguing that
construction activities continued even after the court suspended the project
pending the hearing of a constitutional petition.
They told the court that work at the site had not stopped,
contrary to the orders issued by the court.
“We are concerned about the lack of compliance with court
orders,” stated Lawyer Charles Kanjama for the petitioner.
Kenya Railways, however, denied breaching the orders.
In its submissions, Kenya Railways insisted that it has not
defied court orders and that any activity at the site was aimed at securing the
project.
The corporation maintained that the activities observed at
the site did not amount to construction but were limited to fencing and
securing the area.
According to KRC, the measures were necessary to make the
site safe and to preserve the value of the project, which it said was already
incurring huge financial losses due to delays.
“All the works have stopped, and the corporation is incurring
huge losses,” noted the counsel representing the corporation.
In a pointed remark during the proceedings, Justice Mwamuye
observed that making a site safe did not require express permission from the
court.
“Making a site safe, fencing—you don’t need permission to
make a site safe,” the judge stated, while clarifying the scope of the interim
orders.
The judge further noted that he had not initially issued
conservatory orders halting the project but did so later after the respondents
failed to comply with court directions.
He expressed concern over the lack of compliance with
earlier orders requiring parties to file and serve their responses within set
timelines.
The court directed that a hearing date against the contempt
application be heard on February 26, 2026.
In final interim directions, the court varied its earlier
orders, noting that since the matter is scheduled for hearing within 16 days,
the interim conservatory orders would remain in force up to February 26.
However, the judge clarified that the orders would not
prevent Kenya Railways from undertaking activities necessary to secure the
project site.
“The interim orders shall not prevent the making safe of the
project site or undertaking works that preserve value, security, and utility,”
the judge ruled.
