Court blocks Sakaja’s plan to lease Uhuru, Central Parks without public participation
In a judgment delivered on October 8, 2026, Justice Oscar Angote issued a permanent injunction restraining the county from implementing its December 3, 2024 resolution on leasing and renting spaces in the two historic public parks until constitutional and statutory requirements are fulfilled.
The Environment and Land Court has barred Nairobi County from leasing designated spaces in Uhuru Park and Central Park until meaningful public participation is conducted and legal requirements are met.
The Environment and Land Court has stopped the Nairobi City County Government from implementing its plan to lease 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 from implementing its December 3, 2024 resolution on leasing and renting spaces in the two historic public parks until constitutional and statutory requirements are fulfilled.
The ruling partially upheld a petition filed by the Green Belt Movement challenging the county’s decision and the prolonged closure of Central Park.
“A permanent injunction is hereby issued restraining the respondents … from implementing Resolution No. 3 of the County Executive Committee communiqué published on December 3, 2024, concerning the leasing and renting of designated spaces within Uhuru Park and Central Park, until meaningful public participation has been undertaken and the applicable constitutional and statutory requirements, including the provisions of the Public Private Partnerships Act, 2021, where applicable, have been complied with,” the judge ruled.
The county had defended the leasing proposal, arguing that private investment would improve facilities, attract visitors and generate revenue. It said the planned commercial activities would introduce “recreational facilities, eateries, and event spaces for public enjoyment”.
A tender notice issued in January 2025 invited bids for leasing park spaces and renting units, including containers, a pond and ablution blocks, for three years.
However, the Green Belt Movement argued that residents had not been adequately informed about the spaces earmarked for leasing, the prospective tenants or the process through which the decision was reached.
The organisation also questioned the absence of evidence of public consultation, a feasibility study, an environmental impact assessment and County Assembly approval.
The Law Society of Kenya supported the petition, citing environmental rights and the need for public oversight.
The county maintained that no lease or public-private partnership agreement had been signed and that neither park had been transferred to a private entity.
Justice Angote nevertheless ruled that the proposed arrangements could not proceed until the county complied with the law, including applicable public-private partnership requirements.
The judge further held that regulating access to public parks through unpublished or arbitrary directions without a clear legal basis was inconsistent with Article 10 of the Constitution.
“The county remains bound by Articles 42 and 69 of the Constitution to protect existing public green spaces and to address their provision and accessibility through lawful urban planning,” the judgment stated.
The court also ordered Central Park to be opened immediately and directed the county to submit proposed legislation, policies or guidelines governing the management and protection of public parks to the County Assembly within 12 months.
On the prolonged closure of Central Park, the judge found that the county had failed to adequately explain delays in completing rehabilitation works or demonstrate why the entire facility had to remain closed.
“The prolonged closure of Central Park infringes the rights of Kenyans secured under Articles 42 and 69 of the Constitution,” the court stated.
The judge emphasised that the constitutional right to a clean and healthy environment includes public access to recreational spaces.
“The right guaranteed under Article 42 of the Constitution encompasses the right of the public to access and enjoy public parks, including Uhuru Park and Central Park,” the court ruled.
The county may restrict access for legitimate maintenance, rehabilitation, conservation or safety reasons, but such restrictions must be reasonable and transparent.
Uhuru Park, officially opened by the late President Jomo Kenyatta on May 23, 1969, and neighbouring Central Park have long served as recreational spaces and venues for political rallies, religious gatherings, cultural events and national celebrations.
