High Court clears Riruta-Ngong railway project, rules public consultations were adequate

The Riruta-Ngong metre-gauge railway line will proceed as planned after the High Court found that the government and its partners had conducted sufficient public consultations before construction.

In her ruling, Justice Anne Omollo stated that Kenya Railways Corporation, working with the Ministry of Roads and Transport and Chinese contractors, had adequately engaged the public before launching the Sh8.7 billion project.

“Taking all the evidence into account, I find that the respondents conducted adequate public participation before the assessment report dated May 17, 2024, was prepared and submitted to the National Environment Management Authority (Nema). Therefore, the Environmental Impact Assessment licence cannot be declared null and void due to lack of public participation,” Justice Omollo said.

The 12.5 kilometre railway line, which connects Riruta, Karen, Bulbul and Ngong across Nairobi and Kajiado counties, was launched in December 2023 and is expected to serve at least 10,000 passengers daily once completed.

The 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, had claimed that the consultation process was flawed, inadequate, and excluded directly affected persons.

The group argued that a stakeholders’ meeting held on April 12, 2024, at St Christopher’s International School in Karen revealed that no Environmental Impact Assessment (EIA) had been conducted at the time.

They further alleged that construction began on land owned by the Directorate of Veterinary Services in Ngong without proper environmental scrutiny or community engagement.

Concerns

Concerns raised included potential air, water and noise pollution, disruption of biodiversity in Karen’s ecologically sensitive zones and destruction of tree cover in residential neighbourhoods.

The petitioners also faulted the government for failing to explore alternative routes they deemed less harmful and claimed there was no transparency in budgeting or planning, arguing that public finance principles had been ignored.

In addition, they questioned the credibility of some public participation questionnaires, citing missing dates and signatures.

They asked the court to declare the project unconstitutional, cancel the contract awarded to Kenya Railways Corporation, China Railway Design Corporation, and Apec Consortium Co. Ltd, and issue a permanent injunction halting construction.

But the court rejected the plea, stating, “There is a need to balance, on one hand, the protection of the right to a clean and healthy environment, and on the other, the protection of public interest—in this case, infrastructure development to reduce transport congestion. The petitioner has not proved any actual or threatened harm to warrant the court’s intervention,” Justice Omollo said.

She noted that environmental risks raised by the association were already addressed in the Environmental and Social Impact Assessment (ESIA) report, which included mitigation and restoration measures.

Other Topics To Read

• Headlines
• National
• Kenya Railways Corporation
• Riruta-Ngong metre-gauge railway
• High Court clears Riruta-Ngong railway project
• rules public consultations were adequate

“The petitioner, upon receiving the assessment report either from Nema or in the Kenya Railways Corporation’s response, was required to explain why the mitigation measures outlined were insufficient. Instead, they focused only on the alleged lack of public participation,” she added.

The judge also took note of government assurances that the project would have minimal impact on private property and local communities.

“I decline to issue an order quashing or revoking any decision of the respondents related to construction or ongoing work on the project,” Justice Omollo ruled.