The High Court in Kajiado has found the County Government of Kajiado liable for violating residents' constitutional rights after a poorly executed road project left the Acacia Feeder Road in a hazardous condition, while also directing investigative agencies to probe the conduct of those involved in the contract.
In a judgment delivered by Justice J.T. Lolwatan, the court ruled that the county's failure to properly execute the grading and gravelling of the Acacia Feeder Road infringed residents' right to a clean and healthy environment under Article 42 of the Constitution and violated their right to access information under Article 35.
The petition was filed by officials of the Kitengela Acacia Larger Neighbourhood Association (KALNA) and the Oloika Community Resident Association (OCRA), who challenged the implementation of a Sh3.97 million road contract awarded in 2024. They argued that only about one kilometre of the four-kilometre road was poorly worked on before the contractor abandoned the project, leaving motorists, school children and pedestrians exposed to dust, loose stones and impassable sections during rains.
Rejecting objections by the county government that the dispute belonged before the Environment and Land Court, Justice Lolwatan held that the case primarily concerned constitutional accountability, transparency, public procurement and access to information, making it properly before the High Court.
The judge further found that county officials breached their constitutional obligations by certifying incomplete and substandard works as complete, despite evidence showing otherwise.
"The certification of incomplete works as complete, enabling the disbursement of public funds for services not rendered to specification, is precisely the kind of conduct that Articles 73, 74 and 75 of the Constitution render inconsistent with holding public office," the court held.
The court ordered Kajiado County to conduct an independent inspection of the road within 60 days, provide all procurement records relating to the project, and implement a plan to remedy any defects identified. It also directed the Deputy Registrar to forward the judgment to the Director of Criminal Investigations (DCI), the Director of Public Prosecutions (DPP), the Controller of Budget and the County Assembly of Kajiado for appropriate action.
Each of the four petitioners was awarded Sh150,000 in general damages for violation of their constitutional rights, while the county was ordered to pay Sh300,000 in costs.
Commenting after the judgment, Daniel Achach, Advocate at Achach and Associates Advocates LLP, who represented the petitioners, welcomed the decision, saying it reinforces the constitutional duty of public bodies to remain accountable in the use of public funds.
"This judgment affirms that citizens have a constitutional right to demand accountability, transparency and quality in public projects. Public officers cannot certify incomplete or substandard works and expect to escape constitutional scrutiny," Achach said.
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