The Nairobi County Government’s decision to rename the Dik Dik Road after trade unionist Francis Atwoli has been overturned by the High Court.
According to Justice Anthony Mrima, the decision to rename the road should have included public participation.
According to the Dik Dik Gardens Residents Association, who brought the complaint in court “Before making such a decision, public participation was required.” Such procedures would have been taken out in Nairobi’s parliament or county assembly,”
Dik Dik Gardens is a residential community in Kileleshwa, Nairobi City County, situated between Kenya High School, Gem Lane, and Riverside Drive.
The Association’s officers and representatives Arnold Kipkoti, Adan Kanchoro Mulata, and Anuj Rajani filed the petition with the court.
They claimed that the county did not consult them before removing the ‘Dik Dik Road’ marker and replacing it with Francis Atwoli Road.
During the hearing, they claimed that the ruling impacts on the residents of the estate who built the road and have kept it up over time.
They disputed that the Kenya Urban Roads Authority maintained the road.
In an affidavit, Eric Abwao Odhiambo, the Acting County Solicitor of Nairobi City County Government, stated that public involvement in the road renaming procedure was nearly impossible.
Atwoli on the other hand said he was also not aware of any obligation by the Nairobi City County Government to gazette any proposed changes to the roads in the Kenya gazette.
He explained how he honoured the invitation by the County to have Dik Dik Road renamed after him as a result of his long and distinguished service in the labour industry. He urged the court to dismiss the case.
But Justice Anthony Mrima said Atwoli was under a duty to ensure that the said re-naming was within the constitution and the law.
“Atwoli was to at least ensure there was public engagement before the decision was made so as to be off the hook in going against the constitution and the law,” said the Judge.
He faulted the county for failing to make the Kileleshwa residents aware of why the road was being re-named and an opportunity to contribute to the process by giving their views.
