The Greenbelt Movement v The Nairobi City County Government & 9 Others
The bottom line
#Kenya's Environment and Land Court ruled that access to public parks is a constitutional right and ordered Central Park reopened immediately.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Petition is competent?
- 2.Whether the right to a clean and healthy environment guaranteed under Article 42 includes the right of Kenyans to freely access public, open green spaces, including Uhuru Park and Central Park in Nairobi?
- 3.Whether closure of Central Park violated Articles 35, 42 and 69 of the Constitution?
- 4.Whether permanent injunctive orders should issue restraining implementation of Resolution No. 3 of 3rd December 2024 pending public participation and compliance with applicable laws?
- 5.Whether the absence of legislation, policies or guidelines governing the operation and management of public green spaces is unconstitutional and warrants the orders of injunction and mandamus sought?
- 6.What are the appropriate reliefs to issue?
Key legal issues
#Competence of the Petition and locus standi
Petition pleaded with requisite precision under Anarita Karimi Njeru; Greenbelt Movement needed no authority from every Nairobi resident under Articles 22, 258 and 70; objection to standing failed
The Amended Petition identified the impugned acts, constitutional provisions, factual basis and reliefs. Article 22 permits suits in the public interest or by associations acting for members, Article 70(3) removes any need to show loss, and the Respondents adduced no evidence disputing the Petitioner's capacity. Mootness objections went to relief, not competence.
Scope of Article 42 - access to public green spaces
Article 42 encompasses the public's right to access and enjoy public parks including Uhuru Park and Central Park
The parks are public land under Articles 61 and 62 and county amenities under the Fourth Schedule. EMCA Section 3(2) expressly includes access to public elements of the environment for recreational, educational, health, spiritual and cultural purposes. Studies and international instruments confirm the environmental, social and health functions of urban green spaces realized through access.
Violation of Articles 35, 42 and 69 by closure of Central Park
No violation of Article 35; prolonged closure of Central Park since 2021 violates Articles 42 and 69
The County's 7th October 2024 letter disclosed the basis of the closure, satisfying Article 35's disclosure function. But the letter did not explain the project period, progress, cause of delay or expected completion, nor why the entire park had to remain closed. A multi-year total exclusion required meaningful public participation under Article 69(1)(d), which was not demonstrated.
Injunction against Resolution No. 3 of 3rd December 2024
Permanent injunction granted restraining implementation of the resolution pending meaningful public participation and compliance with applicable law including the PPP Act where applicable
Leasing portions of public parks to private operators affects their use, accessibility, character and environmental functions. Article 10, Article 69(1)(d), Article 174(c), the County Governments Act and Principle 10 of the Rio Declaration attract public participation obligations. No participation was demonstrated, and a Cabinet resolution cannot substitute for statutory approvals.
Absence of governing framework and mandamus orders
Regulation of access through unpublished directions is inconsistent with Article 10; County directed to formulate legislative framework within 12 months; broad injunctions and sub-county green space mandamus refused
Park-specific legislation is not itself constitutionally mandated, but access regulated by verbal instructions lacks ascertainable legal basis. The County must retain discretion to close parks for lawful purposes; prior judicial approval would place the court in a supervisory role. No law imposed the pleaded duty to create a green space per sub-county.
Legal principles established
#- The Article 42 right to a clean and healthy environment encompasses the public's right to access and enjoy public parks
- A temporary park closure that develops into complete exclusion of the public for several years becomes a substantial environmental-management decision requiring meaningful public participation
- A Cabinet resolution approving leasing of public park spaces cannot be implemented without meaningful public participation and compliance with the applicable legal framework
- Regulation of public access to recreational spaces must have an ascertainable legal basis and cannot rest solely on unpublished or arbitrary directions
- Factual averments in an uncontroverted petition and supporting affidavit stand, and respondents cannot introduce facts through written submissions
Court orders
#- 1.Declaration that the right to a clean and healthy environment under Article 42 includes the right of Kenyans to freely access public, open green spaces, including Uhuru Park and Central Park in Nairobi
- 2.Declaration that the Respondents' prolonged closure of Central Park violates Kenyans' right to a clean and healthy environment under Article 42 read together with Article 69
- 3.Permanent injunction restraining the Respondents from implementing Resolution No. 3 of the County Executive Committee communiqué of 3rd December 2024 concerning leasing and renting of designated spaces within Uhuru Park and Central Park until meaningful public participation and applicable constitutional and statutory requirements, including the Public Private Partnerships Act, 2021 where applicable, have been complied with
- 4.Declaration that regulation of public access to Uhuru Park and Central Park solely through unpublished or arbitrary directions, without an ascertainable legal basis, is inconsistent with Article 10 and undermines the Article 42 right
- 5.Order directing the 1st Respondent to take necessary steps towards formulation of appropriate legislation, policies or guidelines governing management, protection and operation of public parks and open green spaces in Nairobi County and to submit the proposed legislative framework to the County Assembly within twelve (12) months
- 6.Order directing the immediate opening of Central Park to the public
- 7.Each party to bear its own costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Articles 22, 70, 162(2) and 258 of the Constitution of Kenya
Relief refused
#Declaration that failure to provide legislation, policy, guidelines and development plans governing public green spaces is unlawful and unconstitutional
Absence of park-specific legislation does not of itself constitute a constitutional violation; the defect lay in regulating access through unpublished directions
Injunction and mandamus compelling the parks to remain open at all times and prohibiting closure without prior judicial approval
Unduly broad; would strip the County of its statutory mandate to manage and regulate park use and place the court in a supervisory role
Mandamus requiring the County to establish at least one extensive green open space in each sub-county and file a report within a year
No law imposes the particular duty pleaded; location, size and provision of parks are planning decisions for the County's authorities
Declaration of violation of Article 35 (access to information)
The County's letter of 7th October 2024 disclosed the basis for the closure; Article 35 concerns disclosure, not the legality of the decision disclosed
Costs
Each party shall bear its own costs.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
A declaration does hereby issue that the right to a clean and healthy environment guaranteed under Article 42 includes the right of Kenyans to freely access public, open green spaces, including Uhuru Park and Central Park in Nairobi.
A permanent injunction is hereby issued restraining the Respondents, whether by themselves, their agents, servants or any person acting under their authority, from implementing Resolution No. 3 of the County Executive Committee communiqué published on 3rd December 2024
An order does hereby issue directing the immediate opening of Central Park to the public.
Each party shall bear its own costs.
Those obligations permit the temporary closure of a public park for genuine rehabilitation or safety purposes. They do not permit a public authority to withdraw the park from public use indefinitely on the general assertion that rehabilitation works are continuing.
Article 35 concerns disclosure. It does not determine the legality, reasonableness or proportionality of the decision disclosed.
Issues in the judgment
#Typographical errors in judgment, e.g. 'Central Park has remains closed since 2021'
Caption references 'ELC EP PET. NO. E033 OF 2024' duplicating the petition number in the heading
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "The Greenbelt Movement v The Nairobi City County Government & 9 Others", Case Analysis (2026). ELC Petition E033 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6306/eng@2026-10-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.