Kituo Cha Sheria has moved to the Environment and Land Court seeking to halt the proposed excision of 76 acres of Nairobi National Park for the expansion of the Bomas International Convention Centre, arguing that the project threatens one of Kenya’s most important protected ecosystems and violates constitutional and environmental safeguards.
The petition, filed by Kituo Cha Sheria alongside JustAct as Environment and Land Court Petition No. 19 of 2026 in Nairobi, challenges approvals issued by the National Environment Management Authority (NEMA) and actions by the Kenya Wildlife Service (KWS) relating to the redevelopment project.
According to the petitioners, the proposed relocation of the Nairobi Animal Orphanage is being used to facilitate a commercial development that would permanently alter protected parkland. Kituo argues that the project will result in the loss of approximately 76 acres of indigenous forest, a critical habitat for the endangered black rhinoceros and other wildlife, while undermining the ecological integrity of Nairobi National Park.
In a supporting affidavit, Kituo Executive Director Dr. Wambua Kituku states that the project was flagged by the Auditor-General in the 2024/25 financial year after it was found not to have been budgeted for, raising concerns over its legality and financing. The affidavit also questions the project’s funding model, which was later revealed to involve the Tourism Fund under a Public-Private Partnership arrangement.
The petition also argues that the project violates Article 42 of the Constitution, which guarantees every person the right to a clean and healthy environment, and Article 69, which obligates the State to protect ecologically sensitive areas and conserve biodiversity for present and future generations. Converting protected conservation land into commercial infrastructure would undermine these constitutional obligations.
Kituo further contends that the public participation process did not meet constitutional and statutory requirements. According to the court filings, affected communities, conservation stakeholders, and members of the public were not given adequate access to project documents, including the Environmental and Social Impact Assessment, nor were they given sufficient opportunity to present informed views before approvals were granted.
The petition also raises concerns that the environmental assessment failed to adequately address the ecological implications of reducing protected parkland, including the loss of indigenous forest, wildlife habitat, and biodiversity.
During the initial court appearance, Justice Oscar Angote directed the respondents to file their responses before the matter proceeds to hearing. Kituo is seeking conservatory orders to suspend the implementation of the project and halt any further clearing or construction within the disputed section of Nairobi National Park pending the determination of the petition.
Through the suit, Kituo is seeking conservatory orders to stop any further implementation of the project pending the hearing and determination of the case. The petition also asks the court to suspend the environmental approvals granted for the development and protect the disputed section of Nairobi National Park from further clearing or construction.
The case reflects Kituo’s continued commitment to using public interest litigation to safeguard constitutional values, strengthen environmental governance, and ensure that major public projects comply with the law, uphold transparency, and meaningfully involve citizens in decisions that affect public resources and Kenya’s natural heritage.
By Rony Alal
Communications Officer, Kituo Cha Sheria