Kitengela residents have won a significant legal battle against Kajiado County Government over substandard road construction on the Acacia Feeder Road. The dispute began after a contractor, awarded a Sh3.9 million contract in February 2024, abandoned the project after completing barely one kilometre of the planned four.

The incomplete road was left with loose stones, exposed soil, and poor-quality murram that created dust in dry conditions and mud when it rained, severely impacting daily users.

Community Action and Legal Challenge

Refusing to accept the poor workmanship and project abandonment, residents organized through local associations, documented the road's defects, and commissioned an independent engineering assessment. They subsequently filed a lawsuit against the county government, the contractor Simongiko Valley Works Limited, the local MCA, and other officials.

The residents' efforts included multiple unsuccessful requests for procurement documents, which the county government only partially provided after litigation began.

High Court Ruling

In a July 20 judgment, the High Court recognized the residents' petition as a constitutional exercise to enforce accountability, transparency, and integrity in public spending. The court ordered several state agencies, including the Director of Criminal Investigations and the Controller of Budget, to review the case and consider appropriate action.

The court found that the contractor had delivered work worth about Sh1.2 million instead of the contracted Sh3.9 million and ruled that a completion certificate issued by the county did not prove satisfactory work, especially in the face of evidence such as damaged vehicles and hazardous road conditions.

It further ruled that the county government violated the residents' right to a clean and healthy environment by failing to ensure proper use of public funds and delivering substandard infrastructure.

Orders and Compensation

  • The court awarded Sh150,000 in damages to each of the four petitioners, totaling Sh600,000, plus Sh300,000 for legal costs.
  • Kajiado County Government was directed to commission an independent inspection of the road within 60 days and develop a plan to fix identified defects.
  • The county must release all procurement records related to the project to the residents free of charge.

This ruling sets a precedent affirming citizens’ rights to hold local governments accountable for public projects and the use of public funds.