By Felix Njenga
The Environment and Land Court in Kiambu has temporarily stopped the construction of multi-storey residential houses and a market on public land within Kiambu Municipality, following a petition by local residents.
The case, ELC Petition No. E026 of 2025, was heard at Thika Law Courts last week by Justice Mogeni. Petitioners, led by James Gacheru Kariuki, argued that the proposed KSh5.2 billion residential project and KSh500 million market violate constitutional and statutory provisions on environmental conservation, urban planning, and public participation.
The petition targets the Kiambu County Executive Committee, Kiambu Township MCA Francis Koina, the Kenya Forest Service, the State Department for Housing and Urban Development, and over 40 other respondents. Residents claim that public officials ignored mandatory requirements for public participation and failed to designate green spaces, recreational parks, and arboreta in the rapidly growing municipality.
After reviewing the petition, the court issued conservatory orders restraining any construction on Kiambu Municipality Block 1 and Block 11 until the matter is fully heard.
The OCS at Kiambu Police Station was instructed to enforce the orders if violated. The inter partes hearing is scheduled for January 22, 2026.
In his affidavit, Mr. Kariuki emphasized the urgency of the matter, noting that the county government is allocating and developing the only remaining unused public land without providing required green zones or recreational facilities.
He warned that constructing multi-storey houses and a market next to a major highway would deprive residents of a clean and healthy environment, a right guaranteed under Article 42 of the Constitution. The petition cites the Forest Conservation and Management Act (Cap 385) and the Urban Areas and Cities Act (Cap 275), which mandate that at least five percent of housing estate land be set aside for green zones and that recreational parks be established in every market center. Petitioners argue that Kiambu Municipality, which gained municipal status in 2018, fails to meet these environmental and planning standards, making the proposed developments unlawful.
A key aspect of the petition is the alleged failure of county and national officials to conduct adequate public participation before approving the projects. The residents claim that decisions were made unilaterally, contrary to constitutional principles, and liken the approach to pre-independence governance traditions where public input was ignored.
The petition further raises concerns about public officer accountability. Citing Article 10 on national values and Article 73 on leadership and integrity, the residents argue that pushing forward the developments without environmental safeguards breaches the constitutional obligations of transparency, good governance, and the rule of law.
With the conservatory orders in place, all parties must maintain the status quo until the court reconvenes in January. If the court rules in favor of the petitioners, the developments could be permanently halted, and the county may be compelled to create green and recreational spaces as required by law. Respondents, including the county government, Kenya Forest Service, and State Department for Housing, are expected to submit their responses during the inter partes stage. Residents remain hopeful that the court will uphold their environmental and constitutional rights, preserving the area’s last remaining open spaces for current and future generations.
The Mount Kenya Times