The Environment and Land Court in Nairobi has issued a conservatory order restraining the implementation of the proposed relocation and upgrading of the Nairobi Animal Orphanage and associated infrastructure project, pending a ruling on preliminary objections in a case filed by Kituo Cha Sheria and JustAct against Bomas of Kenya Limited, the National Environment Management Authority (NEMA) and other respondents.
The order, issued on 14 July 2026 by Justice Oscar A. Angote at the Milimani Environment and Land Court, also prohibits any interference with Nairobi National Park pending the court’s ruling. The matter is registered as Environment and Land Court Petition No. E019 of 2026.
The development follows a petition by Kituo Cha Sheria and JustAct challenging the proposed excision of approximately 76 acres of Nairobi National Park for the expansion of the Bomas International Convention Centre. The petitioners argue that the proposed development threatens the park’s ecological integrity, biodiversity and protected wildlife habitats, raising fundamental questions about environmental protection, constitutional accountability and the management of public resources.
Under the court orders, the intended interested parties were admitted to the proceedings to advance legal and constitutional questions relating to the Rights of Nature, ecological integrity, intergenerational equity, biodiversity protection and the interests of future generations. The interested parties were directed to file and serve their submissions on the two preliminary objections within five days, with the ruling scheduled for 30 July 2026.
The conservatory order preserves the status quo as the court considers the preliminary objections. It restrains the respondents from implementing the proposed relocation and upgrading project or interfering with Nairobi National Park in the meantime. The order further warns that disobedience or non-compliance may attract penal consequences.
In the petition, Kituo Cha Sheria and JustAct question the legality of the approvals granted for the proposed project and the adequacy of the environmental assessment and public participation processes. The petitioners contend that the proposed development could lead to the loss of indigenous forest, wildlife habitat and biodiversity within a protected ecosystem that plays a vital role in environmental conservation.
The petition also invokes Articles 42 and 69 of the Constitution of Kenya, which guarantee the right to a clean and healthy environment and impose obligations on the State to protect and conserve the environment, including biodiversity and ecologically sensitive areas, for present and future generations.
Concerns raised in the court filings include whether members of the public and relevant stakeholders had adequate access to project information, including the Environmental and Social Impact Assessment report, and sufficient opportunity to participate meaningfully in decisions that could affect the park. The petitioners further question whether the environmental implications of reducing protected parkland were adequately assessed before the project received approval.
Nairobi National Park is an important conservation area, providing habitat for diverse wildlife on the edge of one of Africa’s major urban centres. Protecting its ecological integrity is therefore central to wider questions about balancing infrastructure development with environmental conservation, public participation and the constitutional right to a clean and healthy environment.
For Kituo Cha Sheria, the case forms part of its continued use of public interest litigation to advance people-centred justice, promote accountability and safeguard constitutional rights. By challenging the proposed development, Kituo seeks to ensure that decisions affecting protected ecosystems and public resources comply with the law and respect the environmental rights of present and future generations.
The conservatory order is an interim measure and does not determine the merits of the petition. The substantive questions concerning the legality of the proposed project and the challenged approvals remain subject to the court proceedings.
As the matter progresses, the case highlights the role of the courts in addressing disputes involving environmental governance, constitutional rights and the protection of Kenya’s natural heritage. The court’s interim intervention ensures that the proposed project remains on hold and Nairobi National Park is protected from interference pending the scheduled ruling.
By: Rony Alal