The Environment and Land Court has barred Nairobi City County Government from implementing a resolution to lease or rent designated spaces within Uhuru Park and Central Park until it complies with public participation and other legal requirements.
In a judgment delivered on October 8, 2026, Justice Oscar Angote issued a permanent injunction restraining the county from implementing County Executive Committee Resolution No. 3, contained in the December 3, 2024 communiqué.
According to court reports, the Green Belt Movement filed the petition against Nairobi City County Government, the Governor of Nairobi City County, and two other county officials identified as respondents in the proceedings.
In the petition, the movement challenged the proposed commercial arrangements and the prolonged closure of Central Park.
The organisation argued that the county’s actions violated residents’ constitutional rights, including the right to a clean and healthy environment, and that the decision on the parks was made without adequate public participation.
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Court orders Central Park opened
Addressing the prolonged closure of Central Park, which had remained inaccessible to the public since 2021, the court ordered the immediate opening of the park by the government.
“A declaration does hereby issue that the right to a clean and healthy environment guaranteed under Article 42 includes the right of Kenyans to freely access public, open green spaces, including Uhuru Park and Central Park in Nairobi,” part of the ruling read.
Further, the court directed the county to develop legislation, policies, or guidelines governing public parks and open green spaces within 12 months.
According to the county, the delay in reopening the facility was due to incomplete rehabilitation works and the absence of a formal handover from the Ministry of Defense.
The county also listed outstanding works, including water and sewer connections, irrigation, drainage, electrical installations, walkways and plumbing at the skating rink in a letter dated October 7, 2024.
However, the court found that the county had not adequately explained the delays, provided a clear timeline for completing the works or demonstrated why the entire park needed to remain closed.
Justice Angote ruled that the prolonged closure violated Article 42 of the Constitution, which guarantees the right to a clean and healthy environment, read together with Article 69.
Public Participation
The court cited the constitutional principle of public participation under Article 10, and provisions of the County Governments Act on the proposed leasing arrangements.
According to the court, if the proposed arrangement qualifies as a public-private partnership, the county must also comply with the Public Private Partnerships Act, 2021.
The judge declined to order the county to establish at least one extensive green space in each of Nairobi’s 17 sub-counties, finding that the petition had not identified a specific legal obligation requiring that measure.
In addition, the court barred the county from issuing a blanket order requiring parks to remain open at all times or requiring prior court approval for future closures.
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Earlier dispute over parks
The case follows earlier controversy over proposals by Nairobi Governor Johnson Sakaja’s administration to introduce commercial activities at Uhuru Park.
In April 2024, the Green Belt Movement, the Law Society of Kenya and advocate Owiso Owiso challenged reported plans to introduce commercial entertainment facilities at the park.
Later, the issue resurfaced in December 2024 after the county announced a resolution concerning the leasing or renting of designated spaces within Uhuru Park and Central Park.
However, the county argued that it had not signed a lease or public-private partnership agreement and that it had not transferred the parks to private entities.
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