Chinese construction firm China Road and Bridge Corporation (CRBC) has moved to court seeking the dismissal of a petition aimed at halting the ongoing Riruta–Ngong Commuter Meter Gauge Railway Project. In its court submissions, the contractor argues that suspending the project at its current stage would result in significant financial losses and disrupt a key infrastructure initiative intended to improve transport within the Nairobi metropolitan region.
CRBC maintains that decisions regarding funding and implementation of national infrastructure projects fall under the authority of the Executive and Parliament. As such, the company contends that the judiciary should not interfere with policy decisions, including the use of the Railway Development Levy Fund (RDLF) to finance the railway.
The firm further states that it lawfully entered into a binding contract with the Kenya Railways Corporation and has already committed substantial resources to the project. These include heavy machinery, skilled personnel, and other construction materials currently deployed on site.
According to CRBC, halting construction would expose the government to costly compensation claims and contractual penalties, ultimately placing an additional burden on taxpayers.
The contractor also challenges the basis of the petition filed by Busia Senator Okiya Omtatah and other applicants, arguing that they have not presented sufficient evidence of any constitutional violations. It claims that many of the issues raised rely on media reports and speculative projections regarding public debt and taxation.
On the issue of public participation, CRBC asserts that concerns surrounding stakeholder engagement and environmental compliance have already been addressed in earlier cases before the Environment and Land Court. The company notes that the railway project is already about 40 percent complete, with major construction works having been carried out along the corridor. It warns that stopping the project now would leave incomplete structures, pose environmental and safety risks, and lead to job losses. CRBC insists that completing the railway is in the public interest, as the project is expected to ease traffic congestion and provide efficient commuter transport services across Nairobi.
The firm has accused the petitioners of attempting to override government policy decisions with their own preferences, emphasizing that such matters should be left to policymakers rather than the courts. CRBC is now urging the High Court to dismiss the petition with costs, arguing that the project is being implemented lawfully and that stopping it would cause serious economic and public harm. The case challenging the Riruta–Ngong Commuter Meter Gauge Railway Project remains pending before the High Court.
As the court deliberates on the matter, the outcome will likely have significant implications for infrastructure development and judicial oversight of public projects in Kenya.
