Court halts Nakuru’s Sh2.1 billion roads deal with NYS over procurement concerns
The High Court has suspended Nakuru County’s Sh2.1 billion NYS roads deal over alleged lack of public participation and procurement compliance, freezing all project activities until a petition is heard.
The High Court has halted the execution of Nakuru County’s Sh2.1 billion roads deal with the National Youth Service (NYS), citing concerns over the absence of public participation and procurement processes.
The petitioners, Paul Muchiri and Kepha Omuyoma, argued that the agreement bypassed legal procedures and could not be operationalised until the matter is resolved in court.
The duo filed the petition seeking conservatory orders to prevent the county and NYS from implementing the memorandum of understanding (MOU) signed on November 7, 2025. They also requested that the county be barred from approving or making any payments to NYS until the petition is heard and determined.
In his ruling, Justice Julius Nangea certified the matter as urgent and issued the requested conservatory orders. The petition is scheduled for mention on January 19, 2026.
The judge directed both the county and NYS to file their responses within seven days and ordered that all parties exchange written submissions within 21 days.
Last week, Nakuru County entered an MOU with NYS to maintain all feeder roads under the Imarisha Barabara programme over the next year. Following the court orders, several MCAs and local leaders welcomed the ruling, accusing Governor Susan Kihika of flouting the law and bypassing the County Assembly in decision-making.
Naivasha East MCA Stanley Karanja said the executive intimidated ward leaders to accept the controversial MOU.
“The agreement requires the county to pay 50 per cent of the contract value before operations begin, despite its failure to settle pending bills owed to existing contractors,” he said.
Karanja questioned why the county was using NYS machinery and personnel when equipment procured by previous governors remained idle.
He added that the arrangement ignored the Public Procurement and Asset Disposal Act, which guarantees opportunities for youth, women and persons with disabilities.
Karanja challenged fellow MCAs to perform their oversight duties and not be intimidated by county officers benefiting from the deal.
Edward Maina, another leader, said the county had failed to conduct mandatory public participation, denying residents a chance to approve the process.
“Under this agreement, MCAs from all 55 wards will not be permitted to oversee the funds allocated to the projects, which is contrary to the law,” he said.
Maina added that he would lead a team to file a court case to stop the implementation until the governor followed due process.
Former Lakeview Ward MCA Simon Wanango criticised current MCAs for failing to provide adequate oversight, arguing that this exposed public funds to risk. He said Governor Kihika ignored assembly approval, adding that legal action would follow to stop the MOU.
Eunice Mureithi also condemned the agreement, saying it denied local firms opportunities to benefit from county projects, creating jobs and circulating money within the community. She warned that the deal undermined devolution and could weaken local governance.
The suspension has sparked debates among residents, civil society groups and governance experts. While the county defends partnering with NYS as a means to accelerate road rehabilitation and reduce costs compared to private contractors, critics argue that bypassing procurement laws risks misappropriation of public funds.
The court order requires all activities related to the Sh2.1 billion project, including construction, mobilisation of equipment, and financial transactions, to remain suspended until the petition is fully heard and determined.
Observers say the final ruling could set a precedent for how counties engage state agencies in major infrastructure projects.
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