PUBLIC UPDATE - CONSTITUTIONAL PETITION No. E843 of 2025
On 19 December 2025, I, Okiya Omtatah Okoiti, together with Bernard Muchiri Muchere and Naomi Nyakerario Misati, filed Constitutional Petition No. E843 of 2025 at the High Court of Kenya in Nairobi.
The petition challenges the legality and constitutionality of the Railway Development Levy Fund (RDLF), the financial position and project approvals of Kenya Railways Corporation, and the approval of several railway projects, including the proposed Riruta–Ngong commuter rail line.
On 22 December 2025, Hon. Justice Bahati Mwamuye certified the matter as urgent and ordered that it be heard on a fast-tracked timetable, noting the public importance of the issues and the risk of continued expenditure of public funds.
The case raises constitutional questions on:
•Public finance management and use of the RDLF
•Parliamentary oversight and public participation
•Procurement processes and disclosure
•Fiscal sustainability and contingent public liabilities
The Court directed:
•Service of all parties by 23 December 2025
•Filing of responses by 30 December 2025
•Hearing of the urgent application on 20 January 2026 (virtual, by written submissions)
The petition does not oppose infrastructure development, but asks the Court to determine whether the impugned projects and financing mechanisms comply with the Constitution and principles of transparency, accountability, and fiscal responsibility.
This matter is now before the Court for determination.
For those who wish to read further, kindly note that all the documents we relied upon to build our case may be downloaded directly as folders from Google Drive at https://t.co/9MZTj8FiTf
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