The Ministry of Transport has proposed a new law that could allow private companies to operate Kenya’s railway infrastructure. The bill, currently undergoing public participation, aims to open up access to the government-controlled railway network, allowing private entities to run and expand certain sections of the country’s railway tracks.

Transport Cabinet Secretary Davis Chirchir emphasised that the proposed reforms would help modernize and expand the rail network, which last saw significant reforms in 2005. As part of the new measures, Chirchir has proposed constructing a new railway station in Nyeri County to boost regional connectivity.

The bill also calls for separating the operational aspects of the railway sector from its regulatory functions. Under the proposed law, the government would only regulate operations while private companies could run the rail services.

“One of the benefits that the bill will bring to the sector is that it is going to open the system in such a way that anyone who, for instance, may want to construct a rail line can make an application and do it,” explained Brenda Mwango, a legal officer from the Ministry of Transport. “The Ministry also hopes to enhance efficiency in the provision of services in the railway sector,” she added.

The proposal has sparked debate, especially in the wake of the government’s controversial plan to lease Jomo Kenyatta International Airport (JKIA) to the Indian conglomerate, Adani Group. The Kenya Airports Authority (KAA) recently announced a public-private partnership with Adani for developing new infrastructure at JKIA, including a second runway and a new passenger terminal. However, the deal has faced public backlash, with airport workers staging protests, claiming the agreement could lead to job losses and was made without their input.

A KAA spokesperson acknowledged the concerns, stating, “We are working to ensure that all stakeholders are consulted and that the public-private partnership benefits both the country and the workers involved.”

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As discussions on the railway bill continue, the Ministry of Transport insists that involving the private sector will enhance service delivery and reduce the financial burden on the government. However, critics urge caution to ensure public interests are safeguarded.