Legality of Nairobi CBD cabro, walkway works challenged in court
A Nairobi activist has moved to court to challenge the legality of ongoing cabro paving, walkway installation and related public works in the Central Business District, alleging that the projects are being implemented unlawfully and without compliance with required legal and procurement procedures.
Francis Awino has filed a judicial review application at the High Court, questioning the legality, procurement process and administrative decisions surrounding the works being undertaken by the Nairobi County Government.
Awino is seeking leave to pursue orders of certiorari, prohibition and mandamus over what he describes as disputed public works and related administrative actions within the CBD.
He argues that the projects should not proceed without establishing whether the county followed the law in procuring and implementing them.
The petitioner has also raised concerns over the manner in which the works are being executed, alleging that sections of pedestrian walkways have been blocked, excavated or rendered difficult to use.
He claims that inadequate signage, barriers, warning devices and other safety measures have exposed pedestrians to risks as construction continues.
Awino had asked the High Court to certify the matter as urgent, arguing that continued implementation could see the county spend more public funds and substantially complete the disputed works before the court determines whether they were lawfully initiated.
“The respondents will continue to expend public funds, continue implementing the impugned works, alter public streets and potentially complete substantial portions of the works before the Court can issue effective directions,” his filings state.
He argued that delaying the matter could render any eventual court orders ineffective, particularly if the disputed works are substantially completed before the case is heard.
However, Justice Nabil Mokaya Orina declined to certify the matter as urgent.
In directions issued on August 3, 2026, the judge ordered Awino to serve the respondents with the application within seven days.
The Nairobi County Government headed by Governor Johnson Sakaja and other respondents have been given 21 days after service to file and serve their responses.
The case will be heard inter partes on September 17, 2026.
The petitioner is challenging the legality and procedural propriety of the disputed CBD projects.
