Everstrong Capital Threatens New Legal Battle After Losing Ksh468 Billion Nairobi-Mombasa Expressway Case
A fresh legal showdown is looming over Kenya’s proposed Ksh468 billion Nairobi-Mombasa Expressway after U.S.-based infrastructure firm Everstrong Capital signalled plans to challenge a tribunal ruling that dealt a major blow to the mega project.
The international investor said it is now weighing the option of moving to the High Court after the Public Private Partnerships (PPP) Petitions Committee dismissed its petition challenging the government’s rejection of the project’s feasibility study.
The ruling effectively halted progress on one of the most ambitious infrastructure projects proposed in Kenya in recent years — a high-speed expressway intended to connect Nairobi and Mombasa through a modern four-to-six lane highway.
In a strongly worded statement released after the verdict, Everstrong Capital expressed frustration with the committee’s decision, arguing that key legal and procedural concerns had been ignored.
“We express our disappointment with the decision of the petitions committee declining to uphold a petition concerning the evaluation of the feasibility report for the Usahihi Nairobi-Mombasa Expressway Project,” the company stated.
The firm added that it was now exploring all possible legal remedies, including escalating the matter to the High Court.
“Everstrong is therefore evaluating all available legal avenues, including a potential application for review before the High Court of Kenya,” the statement added.
The dispute centres on the government’s decision to reject the project’s feasibility report despite years of technical studies and financial planning conducted by an international consortium led by Everstrong Capital.
According to the company, the consortium had already spent millions of dollars on engineering designs, legal consultations, environmental assessments, and financing structures after receiving guidance and approvals from the Kenya National Highways Authority (KeNHA) and the PPP Unit.
The consortium reportedly brought together major infrastructure and consultancy firms from Kenya, Italy, Turkey, South Africa, Egypt, Spain, the Netherlands, and the United States — underscoring the scale of international interest in the project.
Everstrong now argues that the committee’s ruling could send damaging signals to global investors interested in funding Kenya’s infrastructure ambitions.
“We respect the institutional role of the Committee, but believe the decision leaves significant questions of law, procedure, and investor treatment unanswered,” the company said.
The investor further warned that uncertainty surrounding the handling of privately financed infrastructure proposals could weaken investor confidence and make it harder — and more expensive — for Kenya to attract long-term development financing.
Before the legal fallout, the Usahihi Nairobi-Mombasa Expressway had been marketed as a transformative project capable of revolutionising transport along East Africa’s busiest trade corridor.
According to the proposal submitted to KeNHA, the expressway would drastically reduce travel time between Nairobi and Mombasa, cut vehicle operating costs, improve road safety, and ease cargo movement between the Port of Mombasa and inland markets.
The project was also expected to ease pressure on the heavily congested Nairobi-Mombasa highway, which serves as a critical trade route for Kenya and neighbouring countries.
Despite the setback, Everstrong maintained that it remains committed to engaging with the Kenyan government and international financiers in a bid to salvage the multi-billion-shilling project.
The latest developments now set the stage for what could become a prolonged legal and political battle over one of Kenya’s biggest proposed infrastructure investments.
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