Nairobi Governor Johnson Sakaja has welcomed the Environment
and Land Court (ELC) directive to revert the management of City Park to the
County Government.
Sakaja says the court verdict is timely and has corrected
the mistakes made six years ago when the Kenya Forest Service (KFS) took over
the management of the recreational park.
He described the park as a public space vested in the county
which must be respected, adding that the ruling paves the way for the planned
rehabilitation.
The ruling, according to the Nairobi County Government,
affirms the county’s mandate to manage and operate City Park, ensuring
continuity of public services and preservation of the park’s integrity as a
public recreation space.
“This is a public space owned by the County for the benefit
of residents of Nairobi. Public property vested in the county level must remain
there. We are glad that we can now proceed with the rehabilitation,
maintenance, and improvement plans in partnership with stakeholders,” the City
County boss said.
On Wednesday, October 8, 2025, ELC Judge Justice Wairimu
Murigi granted interim orders restraining KFS from interfering with the
management and operations of City Park, which is situated off Limuru Road in Parklands.
The court issued the orders following a public interest
petition filed by advocate Charles Mugane, who accuses KFS of illegally and
forcefully taking over the management of City Park from the Nairobi City County
Government.
Lady Justice Murigi barred KFS from trespassing into,
managing, entering, remaining in, controlling, charging fees, or in any manner
interfering with the operations of City Park, pending the hearing and
determination of the petition. The case will be mentioned on October 22, 2025,
when the judge will issue directions.
Lawyer Mugane alleges in court papers that KFS deployed
forest rangers who not only occupy but also run and collect revenue from City
Park, effectively sidelining county government officials.
Mugane accuses KFS, the Nairobi City County Government, and
the Attorney General of illegally transferring the park’s management to KFS
during the tenure of the now-defunct Nairobi Metropolitan Services (NMS) in
2020.
He argues that City Park has historically fallen under the
county’s jurisdiction, but KFS allegedly assumed control secretly and
irregularly.
The petitioner told the court that money is being collected
without transparency or accountability, contrary to public finance management
laws, while KFS rangers have subjected park visitors to harassment, intimidation,
and even physical assault.
He has listed the National Environment Management Authority
(NEMA), Green Belt Movement, Wangari Maathai Institute of Peace and
Environmental Studies, Environment Institute of Kenya, Nature Kenya, and the
Intergovernmental Relations Technical Committee as interested parties.
In March last year, KFS said City Park Forest in Nairobi
County had over the years witnessed many attempts at encroachment, but since
2020, when KFS took over its management, no land had been lost.
The agency said forest rangers had been posted to the
location to ensure compliance and protection of the boundary.
"The President has directed that henceforth the park
will be put under the charge of Kenya Forest Service," the then
Environment Cabinet Secretary Keriako Tobiko said on June 10, 2020.
Tobiko added that KFS would work in partnership with, among
others, the National Environment Management Authority, which would be
responsible for waste and air pollution management in the park.
The Kenya Forestry Research Institute (KEFRI) was given the
mandate to be in charge of research and development, and together with the
National Museums of Kenya (NMK), to establish a module on the national
botanical garden.
