China Road and Bridge Corporation (CRBC) has asked the High Court to dismiss a petition seeking to stop the construction of the Riruta-Ngong Commuter Meter Gauge Railway Project, warning that any interruption of the works would result in huge financial losses and undermine a major public transport investment.
In submissions filed before the court, CRBC argued that decisions on how public funds are allocated for national infrastructure projects fall within the mandate of the Executive and Parliament, not the Judiciary.
“The petition challenges policy decisions relating to the financing of the railway project through the Railway Development Levy Fund, which are matters outside the court’s adjudicative mandate,” the contractor submitted.
CRBC told the court that it entered into a valid commercial agreement with Kenya Railways Corporation and has already committed substantial resources to the project, including deploying heavy machinery, technical experts and construction teams.
According to the company, halting the project at this stage would expose the government to significant contractual liabilities and compensation claims, costs that would ultimately be borne by taxpayers.
The contractor also faulted the petitioners, led by Busia Senator Okiya Omtatah, arguing that they had not presented sufficient evidence to demonstrate any actual or imminent violation of constitutional rights.
“Most of the allegations are based on media reports, speculative economic projections and assumptions about future public debt and taxation, which do not meet the evidentiary threshold required in constitutional litigation,” CRBC stated.
The company further dismissed claims of inadequate public participation, maintaining that issues relating to stakeholder engagement and environmental approvals had previously been considered and determined by the Environment and Land Court.
CRBC informed the court that the railway project is already about 40 per cent complete, with major construction works having been undertaken along the corridor.
It warned that stopping the project now would leave unfinished infrastructure, create safety and environmental concerns, lead to job losses and result in the wastage of billions of shillings already invested.
“The public interest lies in the completion of the railway project, which is intended to ease traffic congestion and provide efficient mass transit services within the Nairobi metropolitan area,” the company submitted.
CRBC further accused the petitioners of attempting to replace government policy choices with their own preferences, arguing that decisions on whether public funds should be directed to railway or road projects are matters reserved for policymakers.
The contractor has now urged the High Court to dismiss the petition with costs, insisting that the project is being implemented lawfully and that suspending it would cause significant economic and public harm.
The case challenging the Riruta-Ngong Commuter Meter Gauge Railway Project remains pending before the High Court.
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