Through its submissions filed in court, CRBC, the contractor implementing the project, maintained that decisions on the allocation of public resources for national infrastructure projects fall within the mandate of the Executive and Parliament and should not be interfered with by the courts.

The company argues that the petitioners are challenging government policy decisions regarding the financing of the railway through the Railway Development Levy Fund (RDLF), matters it described as non-justiciable and outside the court's adjudicative mandate. 

CRBC further says that it entered into a valid and binding commercial contract with Kenya Railways Corporation and has already invested substantial capital in the project through the mobilization of heavy machinery, technical personnel and construction resources.

The company further submits that the petitioners, Senator Okiya Omtatah and others have failed to produce credible evidence showing any actual or imminent violation of constitutional rights.

CRBC argues that many of the claims raised in the petition are founded on media reports, speculative economic projections and assumptions about future public debt and taxation, which do not meet the evidentiary threshold required in constitutional litigation.

The contractor also challenges allegations that there was inadequate public participation in the project, stating that similar concerns regarding stakeholder engagement and environmental approvals had already been addressed and determined by the Environment and Land Court in previous proceedings.

According to CRBC, construction of the Riruta–Ngong railway is already about 40 percent complete, with major civil works having been undertaken along the corridor.

The company warns that issuing orders to halt the project at this stage would leave unfinished infrastructure, create safety and environmental risks, result in job losses and waste billions of shillings already invested in the development.

CRBC maintains that the public interest favours completion of the railway project, saying it is designed to ease traffic congestion and provide efficient mass transit services within the Nairobi metropolitan area.

The company accuses the petitioners of attempting to substitute government policy choices with their own preferences, arguing that debates over whether funds should be spent on railway or road infrastructure are matters for policymakers rather than the judiciary.

CRBC has therefore urged the High Court to dismiss the petition with costs, arguing that the project is being implemented lawfully and that stopping it would cause substantial economic and public harm.

The petition challenging the Riruta–Ngong Commuter Meter Gauge Railway Project is still pending before the High Court. Citizen Digital