Court stops construction of Garissa stadium

The Environment and Lands Court in Garissa has ordered an immediate halt to the construction of a stadium by the county government until a petition filed by two locals is heard and determined.

Ms Rahamo Mohamed Ibrahim and Ms Mumina Osman Lohos have sued the Garissa County Government and Garissa Primary School, accusing them of encroaching on their land. Also named as defendants in the case are Governor Nathif Jama, the County Secretary, and the Chief Land Registrar.

The petitioners claim ownership of two plots—Garissa Municipality Block 111/465 and 111/466—which they allege have been unlawfully taken over for the stadium project.

On Wednesday, Justice John Mutungi issued an order stopping all further construction activities pending the determination of the case. He also granted the respondents fourteen days from that day to file their responses. The matter will be mentioned in court on April 28, 2025, for further directions.

According to the petitioners, Garissa Primary School began claiming ownership of the plots in 2013, but the National Lands Commission and the Directorate of Criminal Investigations (DCI) later resolved the matter.

Now, the two are asking the court to physically inspect the disputed land to determine whether there has been encroachment, trespass, or illegal development.

The petition alleges that Garissa Primary School, in collaboration with Governor Jama’s administration, is attempting to deprive them of their rightful property.

"The boundaries of the plots are delineated and fixed, and the parcel that belongs to Garissa Primary School is separate and distinct. Hence, the intrusion by the county government is illegal and unjustified," the petition states.

They further argue that the actions of the defendants amount to trespass, are driven by malice and bad faith, and violate their constitutional right to own property.

Governor Nathif Jama’s push for the stadium dates back to his campaign pledge ahead of the 2022 elections. However, before settling on the Garissa Primary School grounds, his administration had failed to find any other free space in Garissa town for the project.

Initially, the school opposed the idea but later agreed—under unclear circumstances—to have the grounds developed into a stadium.

Despite claims of an MoU between the county government and the school, no such document has been made public.

Some residents have criticized the project, calling it a "white elephant" and questioning the lack of planning.

"You cannot plan to put up a facility when you do not have land for such a project. We don’t have any free public space in Garissa for construction of a stadium," said Abdullahi Omar, a Garissa resident.

When the school’s Board of Management opposed the plan, it sought intervention from the Ministry of Education, which initially rejected the county government’s request.

"That land belongs to Garissa Primary School, which is under the National Government. The Ministry of Education has since rejected a plan to put up a stadium by the Garissa County Government," said Mr. Adan Roble in an earlier interview with Nation.Africa.

However, within three months, circumstances changed, and the disputed playground was fenced off, with construction commencing.

Earlier this month, while inspecting the construction site, Governor Jama dismissed claims that individuals were laying claim to the land, insisting that his administration was protecting public property.

"We shall not allow anyone to grab public land in Garissa. I will do everything within my capacity to protect this land," he vowed.

Despite his strong stance, the governor has been accused of failing to engage the public in discussions about the stadium project. No public participation forum was held before the construction began.

Amid the growing controversy, former Fafi MP Abdikarim Osman has also claimed ownership of part of the school’s land.

"I own that piece of land, and I have a title deed. I will seek justice in a court of law," Mr. Osman declared.

This development led Rahamo Mohamed Ibrahim and Mumina Osman Adan to take legal action, resulting in the court’s suspension of construction.

As the legal battle unfolds, the fate of Governor Jama’s stadium project remains uncertain.