• Basic facilities at the parks were built for people in 1960s and 80s who were fewer than one million at the time but now Nairobi has more than four million residents.
The Nairobi Metropolitan Services is wants the court to set aside orders that suspended renovations at Uhuru Park and Central Park.
Through lawyer Duncan Okatch, the director general Mohammed Badi-led entity argued the order to halt was issued due to “misinformation of the court and obfuscation of true facts”.
Quash orders to close parks
The ruling, if not set aside. will have extremely far-reaching consequences on the disputed project and unless the orders are temporarily set aside, it will cause great public injustice,
He also argued that the ruling dated December 7 by Justice Edward Wabwoto was given without NMS being given a chance to be heard nor was Badi given any notice. and allowed to respond.
Work was suspended until the case was heard and determined
“The ruling, if not set aside. will have extremely far-reaching consequences on the disputed project and unless the orders are temporarily set aside, it will cause great public injustice,” Okatch added.
NMS further stated the orders were issued irregularly since it was not at first made aware of the application that was filed by the Communist Party of Kenya, nor was it furnished with court papers.
In the December 7 order, Justice Wabwoto prohibited NMS and its contractors or agents from felling trees or carrying out any works at the park.
The project came to a standstill. NMS has a target to complete. It has a target to complete the project, a memorial park. It is to be opened by February next year.
Further phases will have a hotel, conference centre, restaurant, mall, restaurant and supermarket.
Going further, the judge also found the works were commissioned without authority and approval of the National Environment Management Authority.
The judge also said the project was commissioned without a public participation and Environment Impact Assessment report.
However, NMS argued that stakeholder engagement, as well as public participation, started from 2018 and that an EIA report was already filed.
Upgrades needed 20 years ago
NMS is upgrading the parks using their own contractors and not a private contractor as the parks had been outdated and renovations ought to have been done 20 years ago.
In an affidavit, Badi highlighted that Nairobi City County Government in collaboration with Safer Nairobi Initiative last year conducted public participation on the need to rehabilitate Uhuru and Central parks.
He stated the plans could have been implemented back in 2018 but could not be done due to lack of funds.
The renovation at Uhuru and Central Parks involves installing modern facilities and amenities which the parks have been lacking. The parks have been neglected for many years and need an upgrade.
NMS is upgrading the parks using their own contractors and not a private contractor as the parks had been outdated and renovations ought to have been done 20 years ago.
The basic facilities at the parks were built for people in 1960s and 80s who were less than one million at the time but now Nairobi has over four million residents.
The renovation exercise involves fitting modern facilities and amenities which the parks have been lacking as they have been neglected for many years hence, the need for an upgrade.
‘The grass has not been managed well where it was more weeds than grass, no services, no amenities like proper toilets, no activities for kids except bouncing castles and others brought from outside.
"We are now improving the features by putting up facilities that will make the parks look modern,” NMS head of strategic communications Tony Mbarine said
“NMS was created to undo things that have been done wrong as well as do things for public good. This is our chance to fix the park,” he added.
The two parks were closed for renovations in October after Nairobi MCAs approved a motion to rehabilitate the two iconic public parks, saying they were in a deplorable state.
The motion by Majority leader Abdi Ibrahim Guyo sought to have the parks urgently closed to allow for their rehabilitation to restore them to their former glory.
Guyo said the iconic parks have suffered years of neglect and are in a state of disrepair. They risk losing their appeal, historical significance and recognition should they not be rehabilitated quickly.
He explained that rehabilitation and retrofitting of urban parks and green spaces in Nairobi County is part of the presidential legacy project and therefore needs the full support of the county.
President Uhuru Kenyatta has told off critics regarding the ongoing renovations at Uhuru and Central Parks.
The renovations led to the closure of the iconic parks did not sit well with a section of people which led to the speculations of land grabbing.
"Wale ambao walikuwa wanasema tumegrab Uhuru Park and Central Park wacha waone ile kazi inaendelea hapa (Those who were saying we have grabbed Uhuru Park and Central Park come to see the work we are doing),” Uhuru stated.
He explained that most of the projects in Nairobi are being done for the benefit of the Nairobi residents.
(Edited by V. Graham)