NAIROBI, Kenya — A Nairobi resident has moved to the Environment and Land Court seeking urgent orders to halt the proposed excision of 76 acres from Nairobi National Park for the expansion of Bomas of Kenya, alleging constitutional violations and failure to follow environmental safeguards.
The petition, filed Thursday, April 3, by Matasi Yatundu, accuses Tourism Cabinet Secretary Rebecca Miano of initiating or sanctioning the plan without due process, and seeks conservatory orders to bar the government from proceeding.
Public Interest Challenge
“The application is brought in the public interest for the protection of the Constitution, public land, and environmental rights,” Yatundu states in the Notice of Motion.
He argues that thepark constitutes protected public land held in trust for Kenyans, making any excision without proper procedure unlawful.
“Nairobi National Park is protected public land… and any excision thereof without due process is unlawful, unconstitutional, and void,” he submits.
The petition frames the dispute around core governance principles: transparency, accountability, and public participation in decisions affecting public assets.
EIA Non-Disclosure
Yatundu claims the process lacked transparency and public participation, specifically citing non-disclosure of a key Environmental Impact Assessment (EIA) report.
“The absence of disclosure of the EIA Report has denied the public an opportunity to interrogate the environmental and ecological impact of the proposed project,” he argues.
The Sh41.9 billion development, detailed in Yatundu’s supporting affidavit, threatens wildlife habitats, biodiversity, and ecological balance within the park, he warns.
“I verily believe that the proposed excision will have serious adverse effects on wildlife habitats, biodiversity, and ecological balance within the Park,” Yatundu states.
Parliamentary Approval Gap
The petitioner also challenges the procedural legitimacy of the excision, noting the absence of parliamentary authorisation required for public land alienation under the Constitution.
“I am not aware of any approval by Parliament authorising the excision… any such action is unconstitutional and illegal,” he adds.
Article 62 of the Constitution classifies national parks as public land, while Article 65 requires parliamentary approval for any conversion or transfer of such land.
The Land Act and Environmental Management and Coordination Act further mandate public participation and EIA disclosure for projects of this scale.
Yatundu seeks preservation of the status quo, warning that unless restrained, the planned excision could cause “irreparable environmental damage” and undermine the petition’s efficacy.
