The Environment and Land Court in Nairobi has barred the government from building a car park inside the Nairobi Animal Orphanage and from carrying out any activity that could destroy part of Nairobi National Park, handing a fresh win to conservationists who have been fighting a string of Kenya Wildlife Service (KWS) projects in the park.

Justice Grace Kemei issued the orders on Tuesday in a petition filed by 4,642 Kenyans against KWS, the Attorney General and other respondents. Until the case is determined, contractors may not clear vegetation, cut trees, excavate, grade land, put up fences or carry out any construction in the disputed area.

What the petitioners are challenging

The case targets a car park, an access road and a pedestrian bridge linked to KWS's plan to move the orphanage to a new site opposite Bomas of Kenya, a project tied to the redevelopment of Bomas.

The petitioners argue that the works:

  • threaten wildlife habitats and could permanently alter sections of the park;
  • lack the approvals and public participation required under environmental and conservation laws; and
  • conflict with the Nairobi National Park Management Plan 2020-2030, which designates part of the affected area as a low-use conservation zone.

KWS has defended the relocation, saying it is "necessary to accommodate increasing numbers of rescued animals and visitors". The planned facility is meant to have larger enclosures, a wildlife hospital, veterinary services and rehabilitation space.

A long-running dispute

The ruling builds on conservatory orders the same court issued in July halting construction linked to the relocation. In August, satellite images showed that close to five acres of vegetation had already been cleared at the proposed site.

The petitioners, backed by Friends of Nairobi National Park, also accused KWS officers of blocking them from a court-ordered site inspection on July 21 that was supervised by a deputy registrar. They said some of them were threatened and only let in after the inspection had ended.

Maraga: citizens must enforce the law

Former Chief Justice David Maraga, who is running for president in 2027, welcomed the ruling on Wednesday and congratulated Friends of Nairobi National Park, Just Act Kenya, the Green Belt Movement and the thousands of petitioners.

Citing Articles 42 and 69 of the Constitution on the right to a clean environment and the State's conservation duties, he said: "When the Ruto regime treats these sacred provisions as optional suggestions, it is the citizens who must enforce the law."

Maraga described the park as critical national infrastructure for tourism, clean air, flood control and water catchment, and urged the KWS board to resist what he called political interference. KWS had not publicly responded to the latest orders by Wednesday evening. The case will now proceed to full hearing.

Photos: Kenyans.co.ke (Nairobi Animal Orphanage); Brihaspati via Wikimedia Commons (CC BY 4.0). Thumbnail design: HAMASTA MEDIA.