Lawyer moves to court over Nairobi City Park takeover by KFS
Mugane contends that City Park has historically fallen under the county's jurisdiction, but KFS allegedly assumed control "secretly and irregularly."
A Nairobi-based lawyer has sued state agencies over what he terms the "unconstitutional" takeover of Nairobi City Park by the Kenya Forest Service (KFS).
In his petition, advocate Charles Mugane accuses KFS, the Nairobi City County Government, and the Attorney General of illegally transferring the park's management to KFS during the tenure of the now-defunct Nairobi Metropolitan Services (NMS) in 2019.
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Mugane contends that City Park has historically fallen under the county's jurisdiction, but KFS allegedly assumed control "secretly and irregularly." Court documents show that KFS has since deployed forest rangers who collect revenue from traders and restaurants within the park.
The lawyer claims the money is being collected without transparency or accountability, contrary to public finance management laws. He further alleges that KFS rangers have subjected park visitors to harassment, intimidation, and even physical assault.
Mugane criticised Nairobi County for its "deafening silence" on the matter, accusing it of abandoning its constitutional duty to protect citizens. He also argues that the takeover lacked public participation, alleging that KFS only invited a few select entities to create the appearance of compliance.
He is now seeking orders from the Environment and Land Court to bar KFS from managing, accessing, or charging fees at the park. He also wants KFS compelled to disclose any agreements it entered into with the county government and to account for all revenue collected since 2019.
Lady Justice T. Murigi of the Milimani Environment and Land Court has certified the case as urgent and directed Mugane to serve the respondents and interested parties within three days.
The interested parties include the National Environment Management Authority (NEMA), Green Belt Movement, Wangari Maathai Institute of Peace and Environmental Studies, Environment Institute of Kenya, Nature Kenya, and the Intergovernmental Relations Technical Committee.
The matter will be heard on October 2, 2025.
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