A lobby group has moved to court to compel the Nairobi County Government to reopen Uhuru Park, arguing that the continued closure of the recreational facility is an infringement of the rights of the city residents.
The Greenbelt Movement states in the petition that Nairobi residents’ clamour for available private, public and green spaces has forced them to turn to dangerous spots, including road intersections, for relaxation.
The lobby says the lack of green spaces is degrading to the human person, while the county government “sleep on their duty to make provision of well-maintained safe, green spaces across the county”.
“An order of mandamus be and is hereby issued for the opening of Uhuru Park and Central Park unconditionally to members of the public and for any such further closure to be sanctioned by the honorable Court in the absence of any legislation, notice done with public participation and approval by the County Assembly,” the lobby says in the petition.
The organisation says it is concerned about the frequent closure of Uhuru Park even after its long closure extending to over two years since 2021.
“Notwithstanding the grave impact of the intermittent opening and closure, the petitioners appraise the court that Central Park remains closed, concretisation is ongoing, with no signs of it ever being opened,” the organisation’s chairperson Nyaguthie Chege says.
She adds that Uhuru Park, on the other hand, is closed and opened at will, with no notice and has remained a top secret well-kept by the county government.
Nairobi Governor Johnson Sakaja has made numerous commitments, which he ended up reneging on the reopening of Central Park, adding that it is not clear why there have been extended delays and what the intentions are.
The organisation wants the Environment and Land Court to issue a declaration that the prolonged closure of Central Park and the intermittent opening and closing of Uhuru Park, without any notice, without explanation or justification infringes on the rights of Kenyans under Articles 42 and 69 of the Constitution.
The lobby further faults the county government for demanding identity cards for those who want to access the park, without providing the law on which the same is anchored and defeating the whole purpose of a recreational open park.
The organisation further says it is concerned about the failure by the Nairobi county government to legislate over the green spaces, recreational parks, and development of the physical and land use policy for the county despite clear provisions of the law.
Other than the lack of legislation, policy or guidelines that has led to the concretisation of the green spaces at Uhuru and Central Parks, the lobby says Mr Sakaja is on record indicating plans are underway to create hotels, night clubs among others at the park.
The 12.9-acre park was gazetted and opened to the public on May 23, 1969, by Kenya’s first President Mzee Jomo Kenyatta.
“Environmentally speaking, the park protects over four million residents of Nairobi from amongst others air pollution. It's also a green space that reduces ambient heat in cities, mitigates the effects of other forms of pollution, and absorbs greenhouse gases,” Ms Chege said.
