- Justice Edward Waboto on Tuesday ruled that the order will remain in force pending the hearing and determination.
- He directed the case to be heard on February 1, 2022.
Environment and Lands court has suspended the ongoing renovations and any works at Uhuru Park, pending the hearing and determination of a case filed by the Communist Party of Kenya.
Justice Edward Waboto on Tuesday said the project by the Nairobi Metropolitan Services was commissioned without an Environment Impact Assessment.
"No report was submitted to environment regulator, Nema," the judge said.
Waboto directed the matter to be heard on February 1, 2022. Nema is listed as an interested party.
In the petition, the party argues that Uhuru Park is the largest green open space and recreational park in Nairobi county.
It was opened to the general public in 1969 by President Jomo Kenyatta.
They say the park is monumental and historic to Kenya as it symbolises popular struggles against dictatorship, democracy and environment conservation, among other historic events.
It was the venue for the promulgation of the 2010 Constitution of Kenya.
The park is used for social, political and religious gatherings, and is also a popular resting and recreational site.
The court documents also state that the park also hosts many small-scale traders who contribute to the economy of Nairobi by paying monthly/annual licences.
CPK says in court documents that the Nairobi county assembly adopted the “Renovation of Uhuru Park and Central Park” motion on September 28, 2021, without any public participation.
It argues this was in violation of the public participation mandatory requirement under Articles 10 and 196 of the Constitution.
It further says that on or about September 29, 2021, the park was closed from the public by NMS without involving the public in the decision.
"Not only did the NMS not conduct any public participation before closing off the park, but it failed to issue notice to the public and the traders at the park concerning any impending closure," they argue.
The party also says that NMS closed off the Procession Way, and all other routes that pass through the park without any notification and without providing any alternative routes to be used by the public.
CPK says military officers armed to the teeth assumed to be under the command of NMS boss Mohamed Badi have cordoned off the entrances to the said pathways.
On October 8 it wrote to Badi requesting for information on the nature, scope, extent, content and expected outcomes of the project but did not get a reply.
The party argues that the consequence of NMS actions, if not stopped, will not only lead to environmental degradation, but will also reverse the efforts that have been made to beautify Nairobi city.
"Contrary to Regulation 17 of the Environmental Management and Coordination (Impact Assessment and Audit) Regulations, 2003, which requires NMS to seek the views of persons who may be affected by projects that impact on the environment, the 1st Respondent did not make any such enquiry," they argue.
Further, the regulation requires NMS to publicise the project and its anticipated effects in a notice in strategic public places in the vicinity of the site of the proposed projects, and to hold public meetings with parties to explain the project, its effect and to receive oral and written comments.
Regrettably, they say, NMS failed to comply with the procedure.
It is their case that the project does not adhere to principles of public finance enshrined under Article 201(a) of the Constitution and is contrary to the provisions under Section 125(2) of the Public Finance Management Act.
The Act requires the county Finance executive to involve the public in all financial matters, which includes expenditures such as the one concerned with the project.
-Edited by SKanyara