The Environment and Land Court has barred the Nairobi City County Government from leasing designated spaces within Uhuru Park and Central Park to private operators without meaningful public participation.
In a judgment delivered on October 8, 2026, Justice Oscar Angote issued a permanent injunction restraining the county government from implementing its December 3, 2024, resolution on the leasing and renting out of spaces within the two historic public parks.
The petition was filed by the Green Belt Movement, which challenged the county’s decision, arguing that members of the public had not been adequately informed about the specific spaces earmarked for leasing.
The organisation maintained that the process failed to meet constitutional requirements on public participation in decisions affecting public resources and access to environmental amenities.
In his ruling, Justice Angote held that the right to a clean and healthy environment, guaranteed under Article 42 of the Constitution, extends to the right of Kenyans to freely access public open spaces and green areas.
The court further ordered the immediate reopening of Central Park, underscoring the need to safeguard public parks as essential environmental and recreational spaces accessible to all citizens.
The county government was also directed to develop a legal framework for the management of public parks within 12 months, a move expected to guide the use, protection, and administration of such spaces.
The ruling places renewed emphasis on public participation and accountability in the management of Nairobi’s public spaces, particularly as questions continue to arise over the commercial use of land set aside for public recreation and environmental conservation.