Busia senator Okiya Omtatah has moved to court to stop Kenya’s National Treasury from releasing Sh2.824 trillion for various railway projects.
Omtatah, together with activists Bernard Muchiri Muchere and Naomi Nyakerario Misati, wants the government restrained from proceeding with the 12.5-kilometre Riruta-Ngong commuter metre gauge railway project worth Sh11.5 billion and other initiatives.
Omtatah’s reputation as public interest litigant
Omtatah has earned a name as a fierce watchdog on public spending and constitutional matters. The 58-year-old activist-turned-politician has filed numerous petitions challenging government decisions on grounds of transparency and accountability.
Elected Busia senator in 2022, Omtatah previously scored victories including court rulings on procurement flaws in earlier railway contracts. His cases often focus on fiscal responsibility and public participation.
Supporters view him as a defender against waste and corruption, while critics say his frequent lawsuits delay key infrastructure.
Key details of the petition
The petition, filed on 19 December 2025, challenges the use of the Railway Development Levy Fund for projects beyond its original purpose.
Omtatah argues the levy, introduced in 2013 at 1.5%, was meant solely for the standard gauge railway. He contends diverting funds to other lines, including the Riruta-Ngong project, violates the law.
The High Court certified the matter urgent on 22 December 2025, setting hearings for early 2026. Petitioners seek orders to halt spending, declare the framework illegal and order audits of the fund and Kenya Railways finances.
Grounds for the legal challenge
The suit highlights alleged breaches of procurement rules, lack of parliamentary oversight and insufficient public involvement.
Petitioners claim no proper feasibility studies or plans for affected communities exist. They also raise concerns over reported debts and past misuse of levy collections.
Omtatah has clarified the case supports development but demands adherence to transparency and accountability principles.
Railway projects in question
Kenya continues expanding its rail network to boost connectivity and ease road congestion. The standard gauge railway has operated since 2017, with plans for extensions to Kisumu and Malaba.
The Riruta-Ngong line, launched in late 2023, aims to serve urban commuters and reduce traffic in Nairobi suburbs. Broader ambitions include regional links under East African plans.
However, funding models remain contentious amid high public debt levels.
Broader implications
A ruling in favour of the petitioners could reshape how major projects receive funding, forcing greater scrutiny.
Public opinion splits along familiar lines, with some praising vigilance over taxpayer money and others warning against hindering progress.
As Kenya pushes infrastructure growth, the case underscores ongoing debates on governance and spending priorities.
