The American infrastructure firm, Everstrong Capital, is now considering appealing to the High Court following the rejection of its petition regarding the proposed Ksh468 billion Nairobi-Mombasa expressway project.
The Public Private Partnerships (PPP) Petitions Committee recently dismissed the company’s challenge against the government’s cancellation of the expressway construction proposal.
Through an official statement, the firm expressed disappointment with the ruling while affirming its dedication to collaborating with government authorities to complete the multi-billion-shilling infrastructure initiative.
The company stated: ‘We are disappointed with the committee’s decision not to support our petition regarding the evaluation of the feasibility report for the Usahihi Nairobi-Mombasa Expressway Project.’
‘Everstrong is now considering all possible legal options, which may include seeking a review from the High Court of Kenya,’ the company added.
The company asserted that the ruling did not address what it termed critical legal, procedural, and investor-related issues connected to the project’s feasibility assessment.
The firm further cautioned that such developments could undermine investor confidence and raise the expenses associated with securing long-term funding for national initiatives.
While acknowledging the committee’s official role, the company emphasized that the decision leaves important matters of law, procedure, and investor treatment unresolved,’ they stated.
Prior to the rejection of the feasibility study report, the Usahihi Nairobi-Mombasa Expressway was being advanced under Kenya’s PPP framework with support from an international consortium spearheaded by Everstrong Capital.
The consortium comprised prominent infrastructure and consulting firms from Kenya, Italy, Turkey, South Africa, Egypt, the Netherlands, Spain, and the United States.
According to Everstrong, the consortium had already allocated millions of dollars toward technical studies, legal documentation, engineering designs, and financial planning, following approvals and guidance from the Kenya National Highways Authority (KeNHA) and the PPP Unit.
Based on the proposal submitted to KeNHA, the expressway would connect the nation’s two largest cities while meeting international construction standards.
The company contended that the expressway would substantially enhance transportation and logistics along one of East Africa’s most active trade routes by decreasing travel durations, reducing vehicle operating expenses, and improving road safety measures.
Notwithstanding the legal challenges, Everstrong affirmed its continued commitment to engaging positively with Kenyan authorities and international investors to guarantee the project’s implementation.