NAIROBI, Kenya — The Nairobi County Government has been given 14 days to respond to a High Court case challenging the legality of ongoing cabro paving, pedestrian walkway and non-motorised transport works in the Central Business District.
Justice Nabil Mokaya Orina issued the directions after human rights activist Francis Awino moved to court seeking to halt the project and have the procurement and administrative decisions behind it reviewed.
The case covers works along Haile Selassie Avenue, Moi Avenue, Taifa Lane, the Kencom area and adjoining streets.
Activist Challenges CBD Works
Awino has questioned the legality and procedural propriety of the project, arguing that the county failed to comply with constitutional and statutory requirements governing public participation, procurement, transparency and accountability.
He wants the High Court to review and potentially quash decisions, approvals, procurement processes and contracts connected to the works.
Documents Sought From Nairobi County
Awino is also asking the respondents to provide records showing how the project was planned, procured, awarded and financed.
Among the documents sought are:
- Procurement plans
- Tender documents
- Contracts
- Bills of quantities
- Payment records
- Other records relating to implementation of the works
The petitioner argues that access to the documents is necessary to establish whether the project complied with applicable legal and procurement requirements.
Pedestrian Safety Concerns Raised
The case also raises concerns about the condition of some construction sites in the CBD.
Awino claims that excavation and temporary blockages have disrupted pedestrian movement, with some walkways allegedly rendered difficult or impossible to use.
He wants the court to require authorities to provide adequate warning signs, barriers and alternative pedestrian routes around affected construction sites.
The safety concerns were also raised in an earlier application in which Awino argued that inadequate signage and barriers exposed pedestrians and motorists to risks.
Nairobi County Among Respondents
The case has named the Nairobi City County Government, the County Executive Committee Member responsible for Roads, the Chief Officer for Roads, the Joint Steering Committee established under the National Government-Nairobi County Cooperation Agreement and the Attorney-General.
The respondents will now have 14 days to file their responses before the matter proceeds through the court process.
Court Has Not Declared Project Illegal
The latest directions do not amount to a finding that the CBD works are unlawful.
The court has not determined whether Nairobi County breached procurement, public participation or other legal requirements.
Instead, Justice Orina has directed the respondents to respond to the challenge before the substantive issues are considered.
The case follows an earlier August application in which the court declined to certify the matter as urgent and directed that Awino’s application for leave to commence judicial review proceedings and his request for stay orders be heard inter partes.
