High Court Nullifies Sh12bn Ngong–Riruta Railway Project Over Constitutional Breaches

The High Court of Kenya has invalidated the Sh12 billion Ngong-Riruta Railway Project due to constitutional breaches. The court's decision was based on findings that the project lacked parliamentary approval, a competitive procurement process, a feasibility study, and meaningful public participation. This ruling highlights concerns over the implementation of large-scale infrastructure projects in Kenya, emphasizing the need for adherence to constitutional requirements.

The High Court of Kenya has dealt a significant blow to the Sh12 billion Ngong-Riruta Railway Project by nullifying it on grounds of constitutional breaches. The project's fate was sealed after Justice Gregory Mutai delivered a judgment that underscored the importance of parliamentary approval, competitive procurement processes, feasibility studies, and public participation in large-scale infrastructure projects. This development has sparked concerns over the implementation of such projects in Kenya.

The Kenyan Constitution emphasizes the need for transparency and accountability in the implementation of large-scale infrastructure projects. Article 10 of the Constitution requires that all State organs and entities must exercise their powers and discharge their functions in a transparent, accountable, and participatory manner. Furthermore, the Public Finance Management Act, 2012, mandates that all public expenditure must be guided by the principles of transparency, accountability, and value for money.

The High Court's ruling has implications for the relationship between the Executive and Parliament in Kenya. The court's decision suggests that Parliament must play a more active role in overseeing the implementation of large-scale infrastructure projects. This development may lead to increased scrutiny of the Executive's actions, particularly with regards to the implementation of such projects.

This ruling has significant implications for the future of large-scale infrastructure projects in Kenya. Practitioners must be aware of the constitutional requirements that govern such projects and ensure that their clients' projects are implemented in accordance with these requirements. The court's decision serves as a call to action, emphasizing the need for increased transparency, accountability, and public participation in the implementation of large-scale infrastructure projects.