NAIROBI, Kenya — The High Court has directed Nairobi County Government and other respondents to file their responses in a case challenging the legality of ongoing cabro paving, walkway installation and related public works in Nairobi’s Central Business District (CBD).
Justice Dr. Nabil Mokaya Orina ordered the respondents to file and serve their responses within 21 days of being served with the court papers.
The court also directed the petitioner, activist Francis Awino, to serve the respondents with the application within seven days. The matter has been scheduled for an inter partes hearing on September 17, 2026.
In directions issued on August 3, Justice Orina declined to certify the case as urgent, ruling that Awino’s application for leave to commence judicial review proceedings, together with his request for temporary stay orders, should first be heard with all parties present.
Awino is seeking to halt the ongoing public works and related procurement processes in the Nairobi CBD, arguing that the projects are being implemented unlawfully and without compliance with mandatory legal procedures.
In his judicial review application, he contends that the construction works have disrupted pedestrian movement, blocked public walkways and exposed road users to safety risks.
He further alleges that public funds are continuing to be spent on the projects through what he describes as unlawful and procedurally flawed processes.
“The said judicial review application challenges the legality, procedural propriety, transparency, procurement compliance and implementation framework of the ongoing cabro paving, walkway installation and related public works being undertaken within Nairobi Central Business District,” the court documents state.
Awino is seeking judicial review orders, including certiorari, prohibition, mandamus and stay, to challenge the implementation of the works, the procurement procedures and the administrative decisions underpinning the projects.
Also Read: Nairobi County demolishes public toilets at Kenya National Archives
He had urged the court to certify the matter as urgent and hear it during the Judiciary vacation, arguing that failure to intervene immediately could allow the projects to be completed before the court determines their legality, potentially rendering any future orders ineffective.
The activist also claims that construction sites across the CBD lack adequate warning signs, barriers and other public safety measures, exposing both pedestrians and motorists to unnecessary danger.
However, the court declined to grant urgent certification, directing instead that the application proceed through the ordinary judicial review process.
The case is expected to test whether Nairobi County complied with procurement laws, administrative procedures and public safety obligations in undertaking the ongoing CBD infrastructure works.
