The High Court in Kisumu has issued an interim order stopping Kenya Railways Corporation (KRC) from removing railway scrap from any of its stations. This decision was made pending the determination of a case filed by the Centre for Litigation Trust, a lobby group. The court also directed KRC and other parties involved to preserve all evidence related to the removal and transportation of the railway materials. This includes CCTV recordings, GPS and vehicle-tracking records, and delivery notes.
According to the Centre for Litigation Trust, KRC has been dismantling and disposing of railway scrap metal, sleepers, rails, and other infrastructure materials from its termini in Kisumu, Eldoret, Naivasha, and Mombasa. The scrap metal is allegedly being transported to a private yard in Athi River, Machakos County. The lobby group claims that this process is done in an opaque manner and in breach of the law. They also allege that privately owned vehicles are being used to move the materials.
The Centre for Litigation Trust has sued KRC, its managing director Philip Mainga, the corporation's board of directors, Muranga Freight Logistics Limited, and Abcos Industrial Limited. The organisation argues that the Public Procurement and Asset Disposal Act, 2015, requires public entities to observe transparency, accountability, and integrity in the management and disposal of public assets. They claim that KRC's actions are unlawful and lack transparent disclosure of relevant authorisations and disposal documents.
The Scrap Metal Act regulates dealings in scrap metal and imposes obligations concerning its transportation and handling. The law prohibits the possession of scrap metal whose origin is unknown and the removal, defacement, or destruction of scrap metal from railway infrastructure. The NGO's executive director, Julius Ogogoh, argues that deploying police officers to escort private vehicles carrying public assets to a private yard raises serious legal and accountability concerns.
The court has ordered the preservation of all evidence, including CCTV recordings, GPS and vehicle-tracking records, vehicle logbooks, gate registers, weighbridge records, delivery notes, and purchase orders. The case will be mentioned on November 5 for further directions. The lobby group wants the court to issue an interim order compelling KRC to produce documents authorising the removal and disposal of the materials.
The Centre for Litigation Trust alleges that police officers have accompanied or escorted vehicles and trucks transporting the materials. This has raised concerns about the legal authority for their removal, handling, and disposal. The organisation claims that Kenya Railways Corporation, being a state corporation, cannot lawfully treat public assets as though they are private property.
The interim conservatory order issued by the court will remain in force until further orders. The court has certified the application as urgent, and the case is set to be mentioned on November 5 for further directions.
Key points
- The High Court in Kisumu has stopped Kenya Railways Corporation from disposing of scrap metal pending the determination of a case filed by a lobby group.
- The scrap metal is allegedly being transported to a private yard in Athi River, Machakos County, in an opaque manner and in breach of the law.
- The case will be mentioned on November 5 for further directions.
