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President William Ruto's administration has suffered a major legal setback after the High Court declared the ongoing construction of Sh11.5 billion Riruta-Ngong Commuter Meter Gauge Railway Project unconstitutional.
Justice Gregory Mutai faulted the government over the project's funding, procurement and implementation, ruling that it violated multiple provisions of the Constitution by proceeding without parliamentary approval, mandatory feasibility studies, lawful procurement and meaningful public participation.
The Judge also found that use of the Railway Development Levy Fund (RDLF) to finance the project before March 27, 2026 was unconstitutional and void in violation of Articles 201(a) and 206(1) of the Constitution.
The petition was filed by Busia Senator Okiya Omtatah alongside activists Bernard Muchiri Muchere and Naomi Nyakerario Misati, who challenged the legality of the project, arguing that it had been approved and financed without parliamentary appropriation, transparency or adequate public participation.
