Why the court suspended Sh 2.1 billion county- NYS road deal

The High Court in Nakuru Wednesday suspended the Sh 2.1 billion road deal between the Nakuru County Government and the National Youth Service.

Paul Muchiri and Kepha Omuyoma took the Nakuru County Government and National Youth Service to court over the Memorandum of Understanding (MOU) that was signed by the two parties on November 7.

In the MoU Nakuru county contracted the NYS to oversee the maintenance work of all roads under the Imarisha Barabara Programme.

The aim was to ensure accountability in the road maintenance operations within the county.

In their petition, they argued that the County Government did not undertake any form of public procurement process as required by law.

“The county residents were never notified of the intended engagement, nor accorded an opportunity to air their views or objections, undermining constitutional transparency and participation,” says Muchiri.

Additionally, they say that the financial commitments arising from the MOU were never submitted to the County Assembly for approval or appropriation as required by law, therefore subjecting the County to unlawful expenditure and budgetary irregularities.

“The MOU lacks a clear scope, identifying the roads to be worked on nor measurable deliverables, timelines, and financial ceiling, resulting in an open-ended and unregulated liability against County funds,” says Paul.

Also, by single-sourcing the NYS Paul says that the County Government shut out other qualified contractors from their legitimate expectation to participate in a lawful, transparent procurement process.

The two wanted the court to issue conservatory orders suspending the county and NYS from operationalizing the deal.

Furthermore, they want the county barred from approving or releasing any payments to NYS until the petition is heard and determined.

The court in its ruling certified the matter as urgent and issued conservatory orders.

The matter will come up for mention on January 19, 2026.