Senior Government Officials Cited for Contempt Over Riruta–Ngong Rail Project

By : Mweru Mbugua 

Several senior government officials and executives of state agencies have been cited in a contempt of court application over the continued implementation of the Riruta–Ngong Commuter Metre Gauge Railway Project, despite court orders suspending the project

The application, filed by petitioner Naomi Misati, accuses the officials of willful and deliberate disobedience of interim conservatory orders issued by the High Court on January 20, 2026. The orders barred any construction, financing, or implementation of the rail project pending the hearing of an earlier application

Those named in the contempt proceedings include Kenya Railways Managing Director Philip Mainga, Secretary to the Cabinet Mercy Wanjau, National Treasury Principal Secretary Chris Kiptoo, Transport Principal Secretary Mohamed Daghar, Attorney General Dorcas Oduor, National Assembly Clerk Samuel Njoroge, China Road and Bridge Corporation General Manager Xiaodong Yu, and a director of one of the corporate respondents

In her application, Misati is seeking urgent certification of the matter and orders compelling the cited officials to personally appear in court to show cause why they should not be punished for contempt. She is also asking the court to issue warrants of arrest and commit the officials to civil jail for up to six months should they fail to attend court or continue defying the orders

Court documents indicate that the January 20 conservatory orders expressly restrained the respondents from continuing construction works along the Riruta–Ngong rail line, including activities within Ngong Forest and the Lenana Exchange corridor

The court further prohibited the allocation or disbursement of funds from the Railway Development Fund or the Consolidated Fund for the project without parliamentary budgetary approval

The petitioner argues that the orders were issued in the presence of advocates representing all key respondents and were subsequently extracted and served both electronically and physically on January 20 and 21, 2026. All parties, she says, acknowledged receipt and were fully aware of the binding nature of the orders

“Despite this, construction works resumed on January 22, 2026, and continued on subsequent days, including January 24 and 25, in blatant defiance of the court’s directives,” the application states. It further notes that a cease-and-desist letter issued by the petitioner’s advocates on January 23 was ignored

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Misati warns that the continued construction is rapidly altering the status quo and risks rendering both the main petition and the pending application nugatory. She argues that unless the court intervenes urgently, the project could reach substantial completion, leaving no effective remedy even if the court later rules in favour of the petitioners

Through her lawyer, Charles Kanjama, the petitioner describes the respondents’ conduct as “deliberate, contumelious and high-handed,” arguing that it undermines the authority and dignity of the court and threatens the rule of law

The court has directed that the application be served on all respondents and scheduled the matter for mention on February 9, 2026