By WMW
Kituo Cha Sheria and civil society group JustAct have moved to the Environment and Land Court seeking to stop the proposed excision of more than 31 hectares from Nairobi National Park.
In Environment and Land Court Petition No. 19 of 2026 filed in Nairobi, the petitioners are challenging a decision by the National Environment Management Authority (NEMA) to approve plans by the Kenya Wildlife Service and Bomas of Kenya to carve out part of the protected parkland.
According to the petitioners, the proposed project is being presented as an upgrade, expansion and relocation of the Nairobi Animal Orphanage, but is in reality a commercial venture that threatens the integrity of the national park.
The suit has been filed in support of advocacy efforts by Friends of Nairobi National Park and other conservation stakeholders opposed to continued encroachment into the park.
The petition raises concerns over environmental conservation, protection of public land, constitutional accountability and the adequacy of public participation in approving projects affecting protected ecosystems.
“Kituo Cha Sheria remains steadfast in promoting accountability, transparency and constitutional compliance in all development processes affecting public resources and environmental conservation,” the organisation said in a statement.
The petitioners argue that Nairobi National Park, the only wildlife park located within a capital city globally, remains ecologically sensitive and increasingly vulnerable to pressure from infrastructure and commercial developments.
Over the years, conservationists have raised alarm over shrinking wildlife corridors around the park following construction of roads, the Standard Gauge Railway, residential developments and industrial expansion around Nairobi.
Environmental groups say further reduction of protected land could threaten biodiversity and disrupt migratory routes used by wildlife moving between the park and surrounding ecosystems in Kajiado County.
The petition also questions whether the approval process complied with constitutional provisions on environmental protection and access to information.
Under Article 42 of the Constitution, every Kenyan has the right to a clean and healthy environment, while Article 69 obligates the State to protect ecologically sensitive areas and ensure sustainable exploitation of natural resources.
The case now places renewed scrutiny on how public agencies balance conservation with infrastructure and tourism development.
During a court appearance, Justice Oscar Angote directed Bomas of Kenya to file its response to the application before the matter comes up for hearing on June 30, 2026.
The dispute is expected to attract significant public interest, given Nairobi National Park’s importance as a conservation, tourism and ecological asset.
Kituo Cha Sheria said it would continue pursuing legal and people-centred interventions aimed at defending constitutional values and protecting public resources for present and future generations.
The case adds to a growing list of legal battles involving conservation areas in Kenya, where courts have increasingly become key arenas in disputes over land use, environmental governance and public participations.
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