In a significant development concerning the management of a key public utility, the Environment and Land Court in Nairobi has issued immediate orders barring the Kenya Forest Service (KFS) from controlling City Park. The court further directed KFS to provide a full account of all revenue collected from the park since 2019. The orders were issued following an urgent petition filed by advocate Charles Mugane, which alleges an illegal and forceful takeover of the park by the state agency.
The matter has been scheduled for mention on October 22, 2025, to give directions on the hearing of the main petition. The legal action pits Mr. Mugane, who is acting in the public interest, against the KFS as the first respondent, the Nairobi City County Government as the second respondent, and the Attorney General. Several environmental bodies, including the Green Belt Movement and Nature Kenya, are listed as interested parties, underscoring the case’s broad implications for public space and environmental governance.
The core of the dispute, as detailed in the court documents, revolves around the alleged clandestine transfer of control of City Park from the Nairobi City County Government to KFS around 2019. The petition states that this handover occurred during the temporary period when the Nairobi Metropolitan Services (NMS) was running some county functions. According to Mr. Mugane’s sworn affidavit, the KFS subsequently deployed forest rangers who “not only occupy but run and take over the collection of the revenue.”
The petition levels serious allegations against the conduct of KFS staff, claiming they are “using intimidation, force and violence in taking over almost every aspect of the park.” It further states that harassment of park visitors is on the rise, with rangers “beating up people without sufficient reason.” On financial management, the petition accuses KFS of collecting remittances from park restaurants and casual traders with a “lack of accountability,” which it terms a violation of the Public Finance Management Act.
A major point of contention highlighted in the filing is a planned fencing project for the park. The petitioner attached a letter from the State Department for Forestry, inviting select entities to a public participation forum scheduled for September 9, 2025. Mr. Mugane describes this as a “sham exercise,” alleging that the KFS is “clandestinely sending out invitations to select entities… to mock compliance with the requirement of public participation.” He argues that fencing the park risks restricting public access to a critical recreational space.
The petition is grounded on the assertion that the KFS takeover is unconstitutional and violates specific laws. It cites Section 37 of the Forest Conservation and Management Act, which it interprets as giving county governments, not KFS, the mandate to manage recreational parks and arboreta. The petitioner also argues that the fundamental constitutional principles of public participation, devolution, and transparent public finance have been flouted.
In a compelling twist, the petitioner presented a gazette notice from August 11, 2025, published by the Intergovernmental Relations Technical Committee, which lists City Park as a “Recreational Park” among the assets transferred to the Nairobi City County Government. This document appears to contradict the de facto control exercised by KFS, strengthening the petitioner’s case that the park rightfully belongs under county management.
Following these allegations, the court has now granted several interim measures. It has restrained the KFS “from trespassing into, managing, remaining in, entering, controlling, charging fees or in any other manner interfering with the Nairobi City County’s management and operation of City Park.” Additionally, the service has been ordered to disclose details of any administration agreement with the county government and to “render accounts of all the monies collected as revenue from City Park since the year 2019.” The outcome of the main petition will ultimately determine the permanent management and future of one of Nairobi’s oldest and most iconic green spaces.
