- The renovation at Uhuru and Central parks involves installing modern facilities and amenities.
- 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.
Image: MERCY. MUMO
The Nairobi Metropolitan Services has a suffered a blow after a court dismissed its request to set aside orders that suspended renovations at Uhuru Park and Central Park.
Justice Edward Wabwoto dismissed the request by NMS director general Mohammed Badi, saying that Badi did not give compelling reasons to warrant the court to vacate the same.
"I am not satisfied that the applicant (Badi) has met the threshold for setting aside the conservatory orders issued on December 7, 2021, and the proceedings for December 6, 2021," he ruled last Thursday.
"For the avoidance of doubt, the orders issued on December 7, 2021, remain in force."
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.
Work was suspended until the case is heard and determined.
On December 17, 2021, through lawyer Duncan Okatch, NMS wanted the court to set aside the orders that halted its works in the parks.
NMS argued the order to halt was issued due to “misinformation of the court and obfuscation of true facts”.
They also argued that the ruling by Justice Wabwoto was given without NMS being given a chance to be heard nor was Badi given any notice and allowed to respond.
However, in last week's ruling Justice Wabwoto said when he issued the orders on December 7 last year, he was satisfied there was a prima facie case warranting the specific conservatory orders.
The conservatory orders stopped any further works at the park pending the hearing and determination of a case filed by the Communist Party of Kenya.
"I reiterate that it would, in the circumstances of this case, be improper for this court to purport to overturn the said orders at this stage," he ruled.
NMS intended to complete the renovation project and open the park next month.
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NMS is upgrading the parks using their own contractors, and not a private contractor as the parks had been outdated and renovations ought to have been done 20 years ago.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 1980s who were less than one million at the time but now Nairobi has more than 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 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 parks 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.
(edited by Amol Awuor)