High Court declines to urgently halt Nairobi CBD cabro paving project

The High Court in Nairobi has declined to certify as urgent a petition seeking to halt ongoing paving and walkway installation across the city center.

Justice Dr Nabil Mokaya Orina ruled that the application failed to meet the required threshold for emergency hearing during the Judiciary recess period.

Human rights activist Francis Awino filed the legal challenge against the Nairobi City County Government (NCCG), targeting public works currently executed along several major streets.

The petition questions the procurement processes, oversight mechanisms, and public safety protocols deployed throughout the central business district.

The court directed the petitioner to serve the court papers to all named respondents within seven days. The respondents must file their responses within 21 days, after which the case will be mentioned on September 17, 2026, for further directions.

Specific locations impacted by the contested construction include Haile Selassie Avenue, Moi Avenue, Taifa Lane, and surrounding pedestrian corridors near the Kencom bus terminus.

The civil suit specifically names the County Executive Committee Member (CECM) for Roads, the Chief Officer for Roads, and the Attorney General (AG) as parties to the suit.

The court documents allege that construction activities proceed without proper public participation, environmental considerations, or published procurement disclosures.

Awino contends that the project operates under the oversight of informal administrative bodies described as the Sakaja Delivery Team rather than legally established public management frameworks.

The suit requests formal disclosure of bills of quantities, payment receipts, procurement plans, and tender awards associated with the civil works.

The petitioner further claims that excavated walkways without barriers or warning signs pose immediate dangers to pedestrians moving through the commercial zone.

The respondents have been ordered to file their formal replies before the court decides on whether to grant orders stopping the construction.