High Court Awards Kajiado Residents Ksh600,000 Over Botched Ksh3.97 Million Road Project

The High Court has awarded four Kajiado residents a total of Ksh600,000 in general damages after finding that their constitutional rights were violated through the substandard implementation of a road maintenance project.

The case involved the Acacia Feeder Road in Oloosirkon/Sholinke Ward, Kajiado East Sub-County, where residents challenged the implementation of a Ksh3.97 million road grading and gravelling project.

The petitioners-Joshua Matiko, Chris Waithanji, Nelson Mutua and Fredrick Kingangir are officials of the Kitengela Acacia Larger Neighbourhood Association (KALNA) and the Oloika Community Resident Association (OCRA).

Through Achach and Associates Advocates LLP, they sued the contractor, the County Government of Kajiado and other county officials over the road project.

Justice John Lolwatan awarded each of the four petitioners Ksh150,000 for the violation of their rights under Articles 35 and 42 of the Constitution.

“General damages of Ksh150,000 each are awarded to the 1st, 2nd, 3rd and 4th Petitioners for the violation of their rights under Articles 35 and 42 of the Constitution, payable by the 2nd Respondent (Kajiado County Government),” the judge ruled.

Ksh3.97 Million Road Project Abandoned

The petitioners told the court that the county awarded a Ksh3.97 million contract in February 2024 to grade and gravel the four-kilometre Acacia Feeder Road.

The contractor was expected to complete the project within six months.

However, according to the petitioners, work only started in early June 2024 after residents made persistent demands.

They claimed that the contractor worked on only about one kilometre of the road, using poor-quality murram without proper compaction, before abandoning the site.

Despite the state of the road, the contractor allegedly claimed that the project had been completed.

The judgment states that the residents also raised concerns over the history of contractors allegedly receiving funds and issuing false completion certificates for the same road without carrying out the required work.

“The petitioners allege that the Acacia Feeder Road has a history of contractors being awarded contracts, collecting public funds and issuing false completion certificates without setting foot on the road,” the judgment states.

Kajiado Residents Sought Procurement Records

The petitioners also accused the county government of failing to properly supervise the project.

They argued that the poor implementation left residents exposed to dust and other hazards while making the road difficult to use.

The residents further said the county ignored repeated requests for important procurement documents, including the Bill of Quantities, road designs and contract records.

They argued that the failure to provide the documents violated their constitutional right to access information under Article 35.

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County Government Opposed Petition

The County Government of Kajiado and the other respondents opposed the petition.

They argued that the High Court lacked jurisdiction to hear the matter, saying disputes involving environmental rights should be handled by the Environment and Land Court.

The respondents also maintained that the procurement process complied with the law and that the contractor had won the tender through a competitive process.

They further argued that the road works had been inspected and certified as complete.

On the request for procurement records, the respondents said the issue had been overtaken by events after the documents were attached to their replying affidavit.

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High Court Rejects Jurisdiction Challenge

The High Court rejected the argument that it lacked jurisdiction.

Justice Lolwatan held that the case primarily concerned the enforcement of constitutional rights, including the right to access information, accountability and integrity.

The court also found that the petition met the constitutional threshold despite objections that it lacked sufficient precision.

On the substance of the case, the court found that the County Government of Kajiado had a constitutional responsibility to ensure that county roads were properly implemented and maintained.

The court ruled that the county failed to ensure that the road contract was carried out to the required standards.

As a result, residents were left exposed to dust and other hazards, while parts of the road became impassable.

The court found that the actions and omissions of the contractor and county officials violated the petitioners’ right to a clean and healthy environment under Article 42 of the Constitution.

The ruling also reinforced the importance of the right to access information under Article 35.

Court Orders Independent Road Inspection

After awarding the Ksh600,000 in damages, the court ordered an independent inspection of the Acacia Feeder Road.

The county government was also directed to release all procurement records relating to the project.

Justice Lolwatan further ordered that the judgment be forwarded to the Directorate of Criminal Investigations (DCI), the Director of Public Prosecutions (DPP), the Controller of Budget and the Kajiado County Assembly for appropriate action.

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Court Ruling on Kajiado Residents Road Petition-Acacia Feeder Road in Oloosirkon/Sholinke Ward 
PHOTO/ROBA&ASSOCIATES LLP