High Court halts construction of Standard Gauge Railway

President Uhuru Kenyatta and First Lady Margaret commissioning the construction of the Standard Gauge Railway in April 2014.

The High Court has stopped the construction of the Sh327 billion Standard Gauge Railway line.

The 14-day order issued by Justice Charles Kariuki also bars the compulsory acquisition of land and compensation of the residents, following a successful application filed by Kibwezi West MP Patrick Musimba.

The suspension order now bars the respondents-National Land Commission, Kenya Railways Corporation, the National Environment Management Authority and Attorney General Githu Muigai- from dealing with the project.

The court sitting in Machakos warned that any respondent who fails to honor the order within the 14-day period will be liable for contempt of court, an offence that is punishable by imprisonment in civil jail for a period not exceeding six months.

Musimba's lawyer Kethi Kilonzo had told the court, in his application, that Kibwezi residents were not compensated for land acquired for the SGR project launched by President Uhuru Kenyatta in April.

Ms Kilonzo added that the residents were not given notice before the take-over, as required by the law.

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She told the court that there was need for the project to be subjected to public participation and environmental audit.

The court was told that Kenya Railways Corporation requires land to construct the railway and the NLC is in the process of acquiring land in Kibwezi West constituency of Makueni County.

The petitioner argued that the names of the residents affected did not appear in the National Gazette and in some instances the measurements of some parcel of land of the affected residents were wrong.

He claimed that they did not receive notice of the date and appointed time that officers measured and demarcated the parcels of lands or dwelling houses to be acquired which was in contravention of the law.

The residents also raised concern on whether they will receive any compensation as there was no civic education on the requirements of the lands act.

According to the Musimba, the respondents have failed to address oral and written petitions and complaint of the petitioners.

He claimed that the railway line will affect Schools, Market places, water points, Railway crossing and other social amenities.

"The process of the acquisition of Land to construct the Standard Gauge Railway is unconstitutional because no environmental Impact assessment has been undertaken or an assessment report issued, "he says.