The Supreme Court has issued a ruling stating that the procurement process for the Ksh. 500 billion SGR project adhered to the guidelines outlined in Article 227 of the Constitution.

In overturning a previous Court of Appeal decision from 2021 that deemed the project flawed, the apex court emphasized that the project was carried out as a government-to-government contract. As such, it was exempted from the regulations specified in the Public Procurement Disposal Act of 2005, as stipulated in Section 6 (1) of the aforementioned Act.

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“The Court of Appeal judgement dated 19th June, 2021 is hereby set aside. The Cross Appeal dated 23rd September, 2022 be and is hereby dismissed,” read the ruling.

According to the judges, the SGR project underwent scrutiny by two parliamentary committees, where it was subject to questioning. Interestingly, none of the respondents chose to participate or engage in the process.