In a significant win for local residents advocating for a clean and healthy environment, the Environment and Land Court at Thika Law Court has issued a conservatory order halting the construction of proposed multi-storey buildings and a market on public land in Kiambu.
The ruling, issued by Honourable Justice Mogeni on November 26, 2025, temporarily bars the Kiambu County Executive Committee and its co-respondents from proceeding with the projects in the contested portions of Kiambu Municipality Block 1 and Block II.
The case, filed by Peter Kuria Runo, Anthony Njuguna Ngugi, and nine others against 42 respondents—including the Kiambu County Executive Committee and area MCA Francis Koina—centers on the alleged failure by the County Government to establish green zones, recreational parks, and arboreta as required by law.
The petitioners, led by James Gacheru Kariuki, argue in the court document that the intended construction of multi-storey dwelling houses and a multi-storey market on the only remaining unused portions of public land would deny the local inhabitants their constitutional right to a clean and healthy environment under Article 42(a) of the Constitution of Kenya, 2010.
According to the petition and a certificate of urgency filed on November 24, 2025, the petitioners assert that the proposed developments directly contravene Section 37 of the Forest Conservation and Management Act Cap 385 and the Urban Areas and Cities Act Cap 275.
These laws mandate the establishment and maintenance of such amenities in urban areas like the Kiambu Municipality. Specifically, the Forest Act requires county governments to cause housing developers to make provision for green zones at a rate of at least 5% of the total land area of any housing estate, and to establish a recreational park in every market centre.
The petitioners claim the development is being planned and implemented unilaterally, without the requisite Public Participation and is a re-entrenchment of old traditions where public officers exercised executive authority without accountability to the people.
A Conservatory Order has been issued, restraining all parties (including their agents and employees) from proceeding with the construction activities relating to the multi-storey dwelling houses and multi-storey market pending the hearing of the main application.
The Application must be served upon all respondents for an inter partes hearing.
The OCS Kiambu Police Station has been directed to ensure compliance with the court orders if there is non-compliance at first instance.
The court has set the matter down for directions on January 22, 2026.
The petitioners maintain that they, and all other inhabitants of the Kiambu Sub-County, stand to suffer permanent prejudice if the conservatory order is not granted, leading to a concrete jungle devoid of essential environmental amenities.
