Kiambu residents are set to move back to court after alleging that multimillion-shilling government projects in Kiambu town are continuing despite existing court orders suspending their construction.
The Environment and Land Court in Thika had earlier issued conservatory orders halting the construction of a Sh5.2 billion affordable housing project and a Sh500 million modern market on two contested parcels of public land within Kiambu Municipality.
Justice Jacqueline Ann Mogeni suspended the developments pending the hearing and determination of a petition filed by 11 residents. The court directed that no further construction activities should take place on parcels identified as Kiambu Municipality Block 1 and Kiambu Municipality Block 11.
The Officer Commanding Station (OCS) at Kiambu Police Station was instructed to ensure compliance with the court orders in the event of any violations.
However, residents now claim that the orders have been disregarded, prompting plans to file an application seeking enforcement and possible contempt proceedings against the respondents.
The dispute intensified yesterday after Kiambu Governor Kimani Wamatangi visited Kangangi Market in Kiambu Town, a project being undertaken through a collaboration between the national government and Kiambu County Government.
Once completed, the modern market is expected to accommodate approximately 2,000 traders who have been operating within and around the town under challenging conditions.
While the county government has defended the projects as transformative initiatives aimed at improving livelihoods and urban infrastructure, a section of residents insists that the developments are being undertaken in violation of constitutional and environmental safeguards.
The petition lists the Kiambu County Executive Committee, Kiambu Township MCA Francis Koina, the Kenya Forest Service, the State Department for Housing and Urban Development, and more than 40 other respondents.
James Kariuki, one of the petitioners, told the court that the planned developments contravene constitutional and statutory provisions on environmental conservation, public participation, and urban planning.
He argued that the county government is in the process of allocating and developing what he described as the only remaining unused public land in the area without designating mandatory green zones, recreational parks, or arboreta.
“We seek the intervention of the court to stop the intended developments that encroach upon the last available open spaces within Kiambu Municipality. The residents stand to suffer permanently if these green zones are not preserved for present and future generations,” Kariuki stated in his affidavit.
The petitioners contend that constructing multi-storey housing units and a market adjacent to a major highway would permanently deprive residents of their constitutional right to a clean and healthy environment.
They cite the Forest Conservation and Management Act (Cap 385) and the Urban Areas and Cities Act (Cap 275), which require county governments to set aside at least five per cent of housing estate land for green spaces and to establish recreational parks in every market centre.
According to the petitioners, Kiambu Municipality, conferred municipal status in 2018, does not meet the mandatory environmental and planning requirements, rendering the approval process unlawful and unconstitutional.
After reviewing the notice of motion dated November 24, 2025, along with supporting affidavits and annexures, Justice Mogeni directed that the application be served upon all respondents ahead of an inter partes hearing scheduled for January 22 for directions.
The respondents, including the Kiambu County Government, the Kenya Forest Service, and the State Department for Housing and Urban Development, are expected to file their responses at that stage.
The matter is scheduled to appear again on May 11th for compliance and further directions.
As the legal battle intensifies, the standoff underscores the growing tension between rapid urban development and environmental preservation in Kiambu’s fast-expanding municipality — a contest that now squarely rests before the court.
