One of the two blocks of land on which the government has been stopped from constructing projects in the Kiambu municipality/HANDOUT
Kiambu residents want multibillion-shilling government projects stopped to pave the way for recreational facilities
The Environment and Land Court in Thika has suspended the
construction of a Sh5.2 billion affordable housing project and a Sh500 million
modern market on two contested parcels of public land.
Justice Jacqueline Ann Mogeni issued the conservatory orders
pending the hearing and determination of a petition filed by residents.
The petition lists the Kiambu County Executive Committee, Kiambu
Township MCA Francis Koina, the Kenya Forest Service, and the State Department
for Housing and Urban Development and over 40 others as respondents.
James Kariuki, one of the 11 petitioners, argued that the
planned developments violate constitutional and statutory provisions on
environmental conservation, public participation and urban planning.
Petitioners accuse public officers of ignoring mandatory
requirements for public participation and failing to designate green spaces,
recreational parks and arboreta in the fast-growing urban area.
After reviewing the notice of motion dated November 24,
2025, the supporting affidavits and accompanying annexures, the court directed
that the application be served upon all respondents for the inter partes court
attendance on January 22 for directions.
The court stopped any construction activities on the parcels
identified as Kiambu Municipality Block 1 and Kiambu Municipality Block 11, and
directed Kiambu police station OCS to enforce compliance should any party
violate the orders.
Kariuki had told the court that the county government was in
the process of allocating and developing the only remaining unused public land
in the area without providing the required green zones or recreational
facilities.
He said the planned construction of multi-storey houses and
a market next to a major highway would permanently deprive residents of a clean
and healthy environment, an entitlement guaranteed under the constitution.
“We seek the intervention of the court to stop the intended
developments that encroach upon the last available open spaces within Kiambu
Municipality. The residents stand to suffer permanently if these green
zones are not preserved for present and future generations,” Kariuki stated.
Kariuki cited the Forest Conservation and Management Act
(Cap 385) and the Urban Areas and Cities Act (Cap 275), both of which require
county governments to set aside at least five per cent of housing estate land
for green zones and establish recreational parks in every market centre.
The petitioners argued that Kiambu Municipality, which was conferred
municipal status in 2018, does not meet the mandatory environmental and planning
requirements, rendering the process unlawful and unconstitutional.
Further, the petition accuses the county and national governments
officials of failing to conduct adequate public participation before approving
the large-scale developments.
The residents claim that by pushing forward the housing and
market projects without environmental safeguards, public officers have acted
contrary to constitutional expectations.
The respondents, including the Kiambu county government, the Kenya Forest Service, and the State Department for Housing, are expected to file their responses at the inter partes stage.
