The Environment and Land Court has issued orders restraining the Kenya
Forest Service (KFS) from interfering with the management and operations of
City Par.
The court reaffirmed that the historic green space remains under the
authority of the Nairobi City County Government.
Lady Justice T. Murigi, sitting in Nairobi,
granted interim orders after a petition was filed challenging KFS’s involvement
in the administration of the park.
The court barred the agency from “entering, managing, controlling,
collecting fees, or in any other way interfering with City Park” until the
matter is heard and determined.
“The County Government retains the mandate to
manage and operate City Park,” Justice Murigi ruled, emphasizing that the
park’s integrity must be preserved and public access safeguarded.
The petition was filed by Senior Counsel Charles Mugane, who contends that KFS had no legal
mandate to take over management of the recreational facility in 2018, during
the tenure of former Governor Mike Sonko.
In his pleadings, Mugane accused KFS officers
of harassing visitors and charging entrance fees without transparency or
accountability.
He argues that this has undermined public confidence and restricted free
enjoyment of one of Nairobi’s oldest green spaces.
“The revenue being collected by the Kenya
Forest Service at City Park cannot be accounted for, and visitors can no longer
freely enjoy bird and animal viewing as before,” Mugane states in court
documents.
Mugane further argues that City Park falls squarely under devolved functions
assigned to county governments under the Constitution.
He linked the takeover of the park to
a broader transfer of devolved services such as health, transport, and
education from the county to the national government around 2018, with
associated revenues reportedly handled through the National Bank of Kenya.
According to him, this undermines the
principles of devolution and deprives Nairobi residents of their constitutional
right to access recreational spaces managed by their elected county government.
Established in the early 20th century, the park is regarded as one of
Nairobi’s oldest urban green spaces, home to indigenous trees, wildlife, and
bird species.
Advocates say the ruling reinforces the need
to protect such areas from overlapping mandates that often lead to
mismanagement and neglect.
The case is scheduled for mention later this
month, when the court will issue further directions on the way forward. Until
then, Nairobi County remains firmly in charge of City Park’s operations.
