The Nairobi Metropolitan Services (NMS) is asking the court to overturn rulings that have stalled renovations at Uhuru Park’s historic gardens.
The orders were granted improperly, according to the agency, because it was not first informed of the hearing of the application submitted by the Communist Party of Kenya, nor was it provided with the court files.
The NMS claims the halt order was imposed due to “court misinformation and misrepresentation of true facts,” according to lawyer Duncan Okatch.
He goes on to say that the NMS was not only denied a hearing but that the judgement, dated December 7, 2021, was handed down without notification to the NMS’s commander, Lieutenant General Mohamed Badi.
On the petitioner’s accusations that the project was commissioned without public participation or an Environmental Impact Assessment (EIA) assessment, Justice Edward Wabwoto issued the order.
However, Mr Okatch claims that beginning in 2018, there was substantial public participation and stakeholder interaction and that an EIA report for the renovations was filed.
In his affidavit, NMS chief Lt Gen Badi says, “Sometime in the year 2020, the Nairobi City County Government, in partnership with the Safer Nairobi Initiative, undertook public engagement on the need to renovate Uhuru and Central parks.”
