Petition Filed to Stop Excision of Nairobi National Park Land in Bomas Of Kenya Redevelopment Plan.
A petition has been filed at the Environment and Land Court in Milimani seeking to halt the proposed excision of approximately 76 acres of land from Nairobi National Park for the expansion of the Bomas of Kenya.
In the case filed as ELC Petition No. E011 of 2026, petitioner Matasi Yatundu has moved to court against Tourism and Wildlife Cabinet Secretary Rebecca Miano, with the Kenya Wildlife Service (KWS), the Ethics and Anti-Corruption Commission (EACC) and the Kenya Forest Service (KFS) listed as interested parties.
According to the petition, the proposed excision forms part of a government initiative to expand and redevelop the Bomas of Kenya cultural centre and relocate the Nairobi Animal Orphanage, a project described as a multi-billion shilling development valued at approximately Ksh41.9 billion.
The petitioner argues that the decision-making process leading to the proposed excision lacked transparency, public participation and accountability, contrary to constitutional requirements. He claims that no meaningful stakeholder engagement was conducted and that critical information regarding the project was withheld from the public.
Court documents further indicate that although an Environmental Impact Assessment (EIA) study was reportedly undertaken and a licence issued, the petitioner states that the EIA report and licence have not been made publicly available, thereby denying the public an opportunity to scrutinise the environmental, ecological and socio-economic implications of the project.
The petition also raises concerns that there is no evidence of parliamentary approval for the excision of the land, which is classified as public land held in trust for the people of Kenya. The petitioner contends that any such excision without due process would be unconstitutional and unlawful.
According to the filings, the proposed reduction of the park’s acreage is likely to disrupt wildlife habitats, interfere with established migration corridors within the Nairobi—Athi-Kapiti ecosystem and increase human-wildlife conflict.
The petitioner further argues that the project threatens the ecological integrity of Nairobi National Park, which he describes as a critical conservation area and a key habitat for endangered and migratory species.
In the petition, Yatundu alleges that the actions of the respondent amount to violations of several constitutional provisions, including those relating to environmental protection, public participation, transparency and the right to a clean and healthy environment.
He also claims that the conduct surrounding the proposed excision raises issues of abuse of office and possible irregularities in the allocation and use of public land.
Through the application filed under a certificate of urgency, the petitioner is seeking conservatory orders to restrain the government from proceeding with the excision or implementation of the project pending the hearing and determination of the case.
Among the orders sought are declarations that the proposed excision is unconstitutional, illegal and null and void; orders compelling the immediate release of the alleged EIA report and licence; and injunctions to prevent any further interference with the land within Nairobi National Park.
The petitioner is also seeking orders requiring relevant state agencies to account for the decision making process and to ensure compliance with constitutional and statutory safeguards governing public land and environmental protection.
The matter is now before the Environment and Land Court for directions on the hearing of the application and the substantive petition.
