The High Court has given the Nairobi County Government 14 days to respond to a petition seeking to stop ongoing cabro paving, pedestrian walkway and non-motorised transport works in Nairobi’s Central Business District.
Justice Dr Nabil Mokaya Orina issued the directions in a case filed by human rights activist Francis Awino, who is challenging the legality of the project being undertaken across several key streets in the CBD. The disputed works are being carried out along Haile Selassie Avenue, Moi Avenue, Taifa Lane, the Kencom area and adjoining streets.
Awino has sued the Nairobi City County Government, the County Executive Committee Member for Roads, the Chief Officer for Roads, the Joint Steering Committee established under the National Government-Nairobi County Cooperation Agreement and the Attorney-General.
He argues that the project is being implemented without compliance with constitutional and statutory requirements governing public participation, procurement, transparency and accountability. The activist wants the court to quash decisions, approvals, procurement processes and contracts relating to the works and issue orders stopping further implementation of the project.
He is also demanding access to key documents relating to the project, including procurement plans, tender documents, contracts, bills of quantities and payment records.
Awino has further raised concerns over pedestrian safety, claiming that some sections of the CBD have been excavated or blocked during construction, leaving walkways impassable and potentially exposing members of the public to danger.
He wants the court to order the respondents to put in place adequate safety measures at construction sites, including warning signs, barriers and pedestrian diversions. Justice Orina directed the respondents to file their responses within 14 days as the petition proceeds through the normal court process.
The court has not yet determined whether the CBD works are unlawful, with the substantive issues raised by Awino set to be considered as the case progresses.
