Chinese contractor opposes Omtatah’s push to stop Sh8billion Nairobi rail project

A foreign Chinese firm that has monopolised multi-billion government contracts, the China Road and Bridge Corporation (CRBC) has urged the High Court to dismiss a petition seeking to halt the construction of the Sh8billion Riruta–Ngong Commuter Meter Gauge Railway Project, arguing that stopping the works would result in massive economic losses and undermine a key public infrastructure initiative.

In submissions filed before the court, the Chinese construction firm, which is implementing the project on behalf of the government, maintained that decisions on the allocation of public resources for national infrastructure projects fall within the constitutional mandate of the Executive and Parliament and should not be subjected to judicial interference.

CRBC contends that the petitioners, led by Senator Okiya Omtatah, are effectively challenging government policy decisions concerning the financing of the railway through the Railway Development Levy Fund (RDLF), issues the company describes as non-justiciable and outside the court’s adjudicative role.

The contractor further told the court that it entered into a valid and binding commercial agreement with Kenya Railways Corporation and has already invested significant resources in the project, including the deployment of heavy machinery, technical personnel and other construction equipment.

According to the company, halting the project would expose the government to substantial contractual liabilities and compensation claims, ultimately placing an additional financial burden on taxpayers.

CRBC also argues that the petitioners have failed to provide credible evidence demonstrating any actual or imminent violation of constitutional rights.

It maintains that many of the claims contained in the petition are based on media reports, speculative economic forecasts and assumptions regarding future public debt and taxation, which fall short of the evidentiary threshold required in constitutional litigation.

The contractor has also dismissed claims of inadequate public participation, stating that issues relating to stakeholder engagement and environmental approvals were previously addressed and determined by the Environment and Land Court in earlier proceedings.

The company revealed that construction of the Riruta–Ngong commuter railway is already about 40 per cent complete, with substantial civil works having been undertaken along the project corridor.

CRBC warned that suspending the project at this stage would leave behind incomplete infrastructure, create safety and environmental risks, lead to job losses and waste billions of shillings already invested in the development.

The firm insists that the public interest lies in completing the railway, which is expected to ease traffic congestion and improve mass transit services within the Nairobi metropolitan area.

It further accused the petitioners of attempting to replace government policy choices with their own preferences, arguing that decisions on whether public funds should be allocated to railway or road projects are matters for policymakers rather than the courts.

CRBC has therefore asked the High Court to dismiss the petition with costs, maintaining that the railway project is being implemented lawfully and that stopping it would cause significant economic and public harm.

The petition challenging the Riruta–Ngong Commuter Meter Gauge Railway Project remains pending before the High Court.