Not so fast! Court blocks Bomas expansion

The Environment and Lands Court has blocked the government from continuing with the construction of a car park inside the Nairobi National Park.

Justice Grace Kemei, in her ruling, said that the contractors hired are barred from clearing vegetation, cutting trees, excavating, grading, fencing, constructing routes, and undertaking any works at the disputed site.

She at the same time clarified that her orders did not block the Kenya Wildlife Service (KWS) from securing the already excavated area but has to first seek court’s nod and must be supervised.

“For the evidence of doubt, nothing in disorders restrain the first respondent from the care treatment and welfare of animals at the existing orphanage, nor does it restrain the sixth respondent from carrying what works on its own property, which is outside the park. In the interest of the expeditious disposal of this vacation, the conservatory orders are limited to four months, from the date of this ruling, during which time, the petition has got to have prosecuted their petition, that's notable conclusion, and less extended by this school,” ruled Justice Kemei.

The case was filed by human rights groups, arguing that the endangered black rhinos and more than 500 birds face extinction if the government continues with its construction project.

 The lobbies faulted the move to hive off some 76 acres of the Nairobi National Park to build a parking lot for Bomas.

In their case filed before the Environment and Lands Court, Kituo cha Sheria and Justact claimed that the sanctuary for animals is being sacrificed for concrete and mortar without considering the ripple effect that this will have on the flora and fauna around the city.

Their lawyers, Mwaura Kabata and Gichohi Waweru, argued that it will require 99 acres and relocation of the Nairobi Animal Orphanage, which will require excising National Park.

“Nairobi National Park has long since been a symbol of pride and identity to the Capital City of Kenya. Furthermore, it is environmentally and socially critical to the county as it underpins climate resilience, is a critical biodiversity area, facilitates jobs in tourism and hospitality sectors and provides recreation and environmental sensitisation to residents,” argued Mwaura.

Kituo’s Executive Director Wambua Kituku said that the move by the government was neither budgeted nor was the public allegedly engaged.

He claimed that the exercise will require scrutiny as no one allegedly knows the environmental impact the projects will have.

“The petition brought before this Court seeks to protect the wildlife and environment from unjustified exploitation and unsustainability, fulfilling citizens' duty of ensuring that future generations inherit a clean, healthy and ecologically balanced environment. It therefore urges this Honourable Court to safeguard the public trust in natural resources by enforcing constitutional and statutory obligations, promoting sustainable use, and preventing actions that threaten biodiversity, ecological integrity, and the well-being of present and future generations,” added  Kituku.

Kituku further stated that the single meeting was limited to the Kenya Wildlife Service (KWS), while the details of the same were not made public.

At the same time, Gichohi argued that the law requires that the involved parties ought to have advertised the same in two national newspapers and given adequate notice to persons interested in participating to come up.

“The petitioners ask this court to issue orders temporarily restraining the respondents from excising land belonging to the Nairobi National Park for the relocation of the Nairobi Animal Orphanage and associated facilities, as the respondents have violated constitutional principles and established statutes in the process,” said Gichohi.

 The two lobbies sued the Kenya Wildlife Service, Bomas of Kenya, Ministry of Defence, National Environment Management Authority, National Lands Commission and Attorney General.

He stated that the meeting was held on October 2, 2025, the report on the impact on the environment was prepared by October 17, 2025 and the license was issued on December 2, 2025.

According to him, the events were not enough to allow any meaningful participation or opposition by persons who were interested or invited.

He was of the view that the environmental impact assessment allegedly indicated that the planning area for the Nairobi Animal Orphanage covers around 64 acres. However, the same report allegedly indicated that developments will occupy 26 acres.

He added that the same report reads that a 10-kilometre fence would enclose an area of approximately 1,500 acres, being the proposed site for the project, but also indicated that the perimeter fence will only be 700 meters.

“Indeed, the report reveals significant ambiguity, vagueness and obscurity. This substantial discrepancy in the excision of the park is anticipated to be of grave consequence for the following reasons: Nairobi National Park is a vital sanctuary for the critically endangered black rhino. The area subject to proposed excision has been identified by KWS’s own technical team as a territorial site for black rhinos. Any excision will cause interference to the natural habitat of the endangered black rhino,” stated Kituku.

Katuku added that the park is the primary wildlife corridor connecting to the Athi- Kapiti ecosystem — a corridor whose protection was approved by Cabinet in 2025.

“Any excision directly undermines an established ecosystem within the park,” he said, adding that more than 500 species would be in danger.

“NNP hosts over 500 bird species (Important Bird Area designation), more than 100 mammal species, and provides indispensable environmental services — clean air, carbon sequestration and flood mitigation — to Nairobi's over 5 million residents,” he added.

jmuthoni@standardmedia.co.ke