The Nairobi Metropolitan Services (NMS) suffered a setback in court on Thursday, December 30, 2021, in a bid to have the order suspending renovations at Uhuru Park lifted.
This is after Justice Edward Wabwoto ruled that permitting the renovations to proceed will defeat the petition filed by the Communist Party of Kenya (CPK) challenging the matter.
NMS argued that they had not been served with the petition and that the order was issued without their knowledge.
"I find that the service was properly effected and all the respondents, including the 2nd respondent (Lt Gen Badi). The 2nd respondent cannot choose at this stage to argue that he was never personally served,” Justice Waboto stated.
CPK accused NMS and the Nairobi County Assembly if cutting down trees and in turn destroying the park.
“The 1st Respondent has also initiated a process of replacing the green lawn of grass at the Park with concrete cement blocks, an action which, unless stalled by this Court, will greatly degrade the botanical and environmental qualities of the Park to the detriment of Nairobi residents who have been the greatest beneficiaries of the same,” reads court papers
CPK further argued that the iconic Uhuru Park pavilion had been demolished and that NMS was planning to destroy other iconic sites at the park.
The petitioners also claimed that the respondents, NMS and the Nairobi County Assembly, failed to involve public participation.
"The project is shrouded in secrecy, where the whole Park has been blocked from the public, and all attempts by the Petitioner to gain information on the Project from the 1st and 2nd Respondents have failed," reads the documents.
CPK wants NMS and the County Assembly f Nairobi to be ordered to reinstate the park to how it was before the renovations.
