LSK sues Mombasa county, state agencies over construction at recreational gardens

A section of Mombasa County.[File, Standard]

The Law Society of Kenya (LSK) has moved to court seeking to stop ongoing construction at the historic Treasury Square Gardens, accusing authorities of allowing development on public recreational land without following constitutional and environmental requirements.

The case, filed through the LSK Public Interest Litigation Committee, names the county assembly speaker, Mr Aharub Khatriri, County Executive Committee Member for Lands, Physical Planning, Housing and Urban Development, Mohammed Hussein alias Amadoh, Mombasa County Assembly, Attorney General and the Ministry of Sports, Culture and National Heritage.

Other agencies sued are National Land Commission (NLC), National Environment Management Authority (Nema), National Construction Authority (NCA) and the National Museums of Kenya. 

The committee argued that the Treasury Square Gardens, also known as Burhani Gardens, is a long-established public open space opposite the Mombasa County Assembly buildings that has historically served as a recreational ground, picnic site and public gathering place.

According to the court papers, the approximately 300-by-200-metre gardens contain indigenous and exotic trees and form part of Mombasa's public urban landscape. The petition states that construction of a permanent concrete structure began in or around July 2026. 

The committee alleged that the development was undertaken without the necessary development and planning approvals and meaningful public participation. It further claimed that the construction was being undertaken on Plot Number MN/XXV/52, which it said was public land designated as a recreational space. 

The court papers also raise environmental concerns, alleging that the construction has caused dust, debris, air and noise pollution and affected people working and visiting the Treasury Square area. The committee further claimed that the gardens have been barricaded, restricting public access. 

The committee said it contacted Nema regarding the project and was informed that the authority had not authorised the construction.

It is seeking conservatory orders to stop further construction, tree cutting, excavation, erection of structures and other development at the gardens pending the hearing and determination of the case.  

The committee is also asking the court to declare the development unconstitutional and unlawful and to order disclosure of all approvals, licences, reports and other documents relating to the project.

If the court finds the development unlawful, the petition seeks demolition of the structures and restoration of Treasury Square Gardens to its original condition as a public recreational park, including rehabilitation of the landscape, replacement of removed vegetation and restoration of public access. 

The petition was dated August 7, 2026, and the allegations made in it are yet to be determined by the court.