A Nairobi High Court has rejected an application by the government to set aside conservatory orders that were issued halting construction of the Riruta-Ngong commuter metre-gauge railway project by the government at the cost of Ksh11.5 billion.

In rejecting the application, Justice Gregory Mutai, in his ruling on Friday, May 15, 2026, averred that the State’s application did not meet the required merit for the orders to be lifted. 

“In the interest of justice, it could be better served by the conclusion of this case, without undue delay, as contemplated by his lodging. Although it has been argued that unless a stay is granted, the nature of the contract will be affected, the employees will be prejudiced. I am not persuaded that this is the case,” Judge Mutai ruled.

“The respondent applicants have expressed a willingness to be bound by whatever order that this court issues as a condition to grant them a stay. Although the respondent applicants have met two of the three conditions to grant them stay, the application is ultimately unsuccessful.”

On January 20, 2026, Justice Bahati Mwamuye blocked the Kenya Railways, the Principal Secretary of the State Department for Transport, the China Road and Bridge Corporation (CRBC), and the Apec Consortium Company Limited, among other respondents, from proceeding with the project.

The orders stemmed from a petition filed by Senator Okiya Omtatah Okoiti with two other petitioners at the Milimani constitutional and human rights division, arguing that the Kenya Railway Corporation did not publicise the APEC Consortium Company Limited contract as required under sections 137(1) & (3) of the PPADA.

Petitioners Omtatah, Bernard Muchiri and Naomi Misati state that the project contract was awarded to the contractor unconstitutionally and that the conduct further violates Articles 201(a) and (d) of the Constitution on openness, accountability and responsible use of public resources.

Further, Justice Mwamuye has also blocked the release of any other monies from the railway development funds or any consolidated funds outside of what the National Assembly already has in the budget towards the project.

“An interim conservatory order be and is hereby restraining and prohibiting the further allocation, disbursement, or utilisation of any funds from the Railway Development Fund or the Consolidated Fund outside of budgetary allocations by Parliament already made, if at all, with respect to the impugned Riruta–Ngong Commuter Meter Gauge Railway Project,” Justice Mwamuye ordered.

The hearing of the matter has been scheduled for June 2, 2026.