Court halts construction in disputed Nairobi National Park for four months

Environment and Land Court Deputy Registrar Vincent Kiplagat during a fact-finding mission at the Nairobi National Park hosted by KWS and the National Environment Registrar, on July 21, 2026. [Kanyiri Wahito, Standard]

The Environment and Land Court in Nairobi has barred the government from constructing a car park at the Nairobi Animal Orphanage and undertaking activities that could damage Nairobi National Park.

Justice Grace Kemei issued the orders on October 27, 2026, in a petition filed by 4,642 Kenyans, prohibiting vegetation clearance, tree felling, excavation and construction within the disputed area pending determination of the case.

In the ruling, the court directed that the site’s status quo, as documented in a report following a court visit on July 21, be maintained.

The orders, however, allowed Kenya Wildlife Service (KWS), with the court’s permission, to undertake works strictly necessary to secure the excavated and fenced Phase One area against erosion and further degradation.

“For the avoidance of doubt, nothing in these orders restrain KWS from the care, treatment and welfare of animals at the existing orphanage, nor does it restrain the sixth respondent from carrying out works on its own property which is outside the park,” ruled Kemei.

“The conservatory orders are limited to four months from the date of this ruling during which time the petitioners ought to have prosecuted their petition to its logical conclusion unless extended by this court,” the judge ruled.

Reacting to the decision, the petitioners celebrated what they described as a victory for citizen-led environmental protection, while cautioning that the legal battle was far from over.

“4,642 Kenyans took our government to court. And today, 27 October 2026, the court ruled in their favour on two crucial matters,” the petitioners said in a statement, noting that the ruling had secured a temporary halt to construction and allowed the substantive case to proceed to a full hearing.

“We’ve won this battle. But the fight isn’t over,” the petitioners said, adding that their goal remained the permanent protection of Nairobi National Park.

The campaigners urged the public to remain vigilant during the four months, asking anyone who witnesses tree felling, excavation, grading, fencing, road construction or other activity at the disputed site to document and report it.

Chief Justice Emeritus David Maraga welcomed the ruling, congratulating Friends of Nairobi National Park, Just Act Kenya, the Green Belt Movement and the 4,642 petitioners.

In a statement issued, Maraga described the decision as a monumental triumph of constitutionalism over executive lawlessness.

He cited Articles 42 and 69 of the Constitution, which guarantee the right to a clean and healthy environment and impose obligations on the State to protect the environment.

“When the Ruto regime treats these sacred provisions as optional suggestions, it is the citizens who must enforce the law,” Maraga said.

He also called on the KWS board and management to uphold their constitutional responsibilities, urging them to “decouple” from state capture.

Maraga criticised what he termed as a contradiction between Kenya’s international climate commitments and developments threatening conservation areas.

“The hypocrisy of this regime is staggering. William Ruto poses globally as Africa’s premier climate champion, spending a staggering Sh1.45 billion on climate-related trips while simultaneously desertifying Kenya, destroying our forests, and encroaching on the globally unique Nairobi National Park for speculative commercial infrastructure,” Maraga said.

“Nairobi National Park is not empty land waiting for a parking lot or a concrete conference hall. It is part of our critical national infrastructure,” he added.

He argued that the park plays an important role beyond tourism, including air purification, microclimate regulation, flood mitigation, and water catchment management.

“I celebrate and salute the brave young Kenyans who braved tear gas, defied unlawful arrests, and stared down rogue police forces just to deliver a public petition to KWS and plant trees,” he added