Thursday July 2, 2020 – The Chinese Government has issued a statement on the Court of Appeal ruling which declared the Ksh500 billion Standard Gauge Railway illegal.

A three-judge bench comprising of Justices Martha Koome (presiding), Gatembu Kairu and Jamila Mohammed ruled that Kenya Railways failed to comply with procurement laws while issuing the contract to the China Roads Bridge Corporation (CRBC).

Responding to the ruling, China, through its Embassy in Nairobi, left everything in the hands of President Uhuru Kenyatta and his Government, saying it trusts they will do the right thing.

“We have noticed the report that Kenya’s appeals court has ruled that Kenya Railway Authority and other government departments violated the public procurement law in respect of the SGR project.”

“We believe that Kenya will properly handle this case,” a statement sent to Global Times China reads.

The Embassy further stated that the project was crucial to Kenya’s economic and social development because it connected East Africa and also offered numerous job opportunities.

SGR replaced the meter gauge railway constructed during the British colonial rule and CRBC completed phase one of SGR from Mombasa to Nairobi that cost Ksh327 billion.

Phase two to Naivasha cost Ksh150 billion.

The final phase from Naivasha to Malaba is projected to cost Ksh380 billion.

In the case filed by activist Okiyah Omtatah, the appellate judges also ruled that Kenya Railways Corporation (KRC) issued CBRC the contract before Kenya and China’s Exim Bank sealed a financing deal. 

Omtatah faulted the State for single sourcing for the project.

He also argued that Parliament was not involved in approvals as well as there being zero public participation in the project.


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