Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedELC Petition No. E008 of 2024 (consolidated with ELC Petition No. E013 of 2024)

Githanga & another v County Government of Nakuru & 4 others (Environment and Land Petition E013 & E008 of 2024 (Consolidated)) [2026] KEELC 585 (KLR)

Environment and Land Court
9 February 2026
6,263 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~25 min to read original · ~4 min brief

The bottom line

#

Kenya's Environment and Land Court in Nakuru dismissed petitions challenging the rehabilitation of Lions Gardens Park, finding public participation was adequate and the park remains public land.

What this practically means

#

Executive summary

#
The Environment and Land Court at Nakuru (M. A. Odeny, J) delivered a single judgment in two consolidated constitutional petitions, ELC Petition No. E008 of 2024 (filed by a petitioner through its Secretary General George Narok) and ELC Petition No. E013 of 2024 (filed by John Githanga), challenging the rehabilitation of Central Park-Lions Garden in Nakuru by the County Government under the Financing Locally Led Climate Action Program, on the ground that it involved erection of commercial stalls, felling of trees and conversion of a recreational public park to commercial use without adequate public participation, environmental impact assessment or change-of-user approval. The Petitioners sought declarations of violation of Articles 10, 42, 62(4), 69 and 70, certiorari, prohibition, injunction, mandamus for disclosure of documents, demolition of stalls and rehabilitation of the park. The Respondents maintained that public participation was conducted through stakeholder meetings on 14th August 2023 and 11th April 2024, notices, and a community proposal, that the park remained public, and that the project improved urban greenery. Applying the Supreme Court's principles in British American Tobacco and the Mui Coal Basin criteria, the court found public participation adequate; it held there was no evidence of change of user since the parcel remains a public park hosting long-standing small-scale traders; and it held the access-to-information claim failed because no formal request under the Access to Information Act was made and denied. The court dismissed both petitions with no orders as to costs, finding them to be public interest cases.

Questions the Court framed

#

The issues the Court set itself to decide, in its own words.

  1. 1.Whether there was adequate public participation conducted prior to the rehabilitation of the park
  2. 2.Whether the Respondents have violated the Petitioners' rights under Articles 69 and 70 of the Constitution and statutory environmental and planning obligations
  3. 3.Whether the Petitioners are entitled to the disclosure of documents held by the Respondents
  4. 4.Whether the construction of commercial stalls within Lions Gardens Park was illegal and contrary to public purpose
  5. 5.Whether the Petitioners are entitled to the reliefs sought in the Petitions
  6. 6.Who bears the costs of the Petitions?

Key legal issues

#
01

Adequacy of public participation prior to rehabilitation of Lions Garden Park

Holding

Public participation was adequate; notice, agenda, venue and attendance were proved and stakeholder views were factored into the process

Reasoning

Relying on the Supreme Court's principles in British American Tobacco Kenya and the Mui Coal Basin criteria, the court examined the invitation letter of 9th August 2023, the meeting of 14th August 2023, the closure notice, the meeting of 11th April 2024 and the community proposal of 22nd April 2024. It found the process elaborate, open and transparent, with stakeholders contributing views and a proposal, satisfying the effectiveness test.

p. 11
02

Whether construction of commercial stalls changed the user of the park and violated Articles 42, 69 and 70

Holding

No change of user was proved; the park remains public and the project improved its environmental character, so no violation was established

Reasoning

The court noted the park had always hosted photographers, nail artists, traders and shoe shiners; erecting decent stalls for 54 such operators did not convert public land to private use. The rehabilitation increased urban greenery as a carbon sink and took account of environmental conservation and climate change imperatives, fulfilling the County's mandate under Schedule IV rather than breaching Articles 69 and 70.

p. 12
03

Entitlement to disclosure of documents under Article 35

Holding

Claim untenable because the Petitioners never made a formal request that was denied

Reasoning

Citing Trusted Society of Human Rights Alliance, Famy Care and Kenya Society for the Mentally Handicapped, the court held that enforcement of Article 35 arises only after a request is made and denied, per the Access to Information Act procedures in Sections 8 and 9(6). The information about the project was public, and the Petitioners did not demonstrate they had requested and been denied access.

p. 13

Legal principles established

#
  • Public participation is a national value under Article 10(2) binding all state organs, and the entity performing a duty bears the onus of facilitating it; it must be real, purposive and meaningful
  • A formal request under the Access to Information Act is a precondition to enforcing the right of access to information under Article 35

Court orders

#
  1. 1.The two Petitions (ELC Petition No. E008 of 2024 and ELC Petition No. E013 of 2024) are dismissed
  2. 2.No orders as to costs, as these were public interest cases

The bench

#

One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Original constitutional jurisdiction of the Environment and Land Court under Article 162(2)(b) of the Constitution (petitions alleging violations of Articles 42, 69 and 70 concerning land and environment)
Consolidated with
ELC Petition No. E013 of 2024

Relief refused

#

Declarations that the Respondents contravened Article 10 and violated Articles 42, 62(4), 69 and 70 of the Constitution

No change of user was proved; the park remains public land and public participation was adequate

p. 12

Orders of certiorari, prohibition/injunction and mandamus, and a mandatory order to demolish stalls

Petitioners not entitled to the reliefs sought

p. 13

Mandamus compelling disclosure of information on the approval process

Information was publicly accessible and no formal request under the Access to Information Act had been made and denied

p. 13

Costs

Petitions dismissed with no orders as to costs as these were public interest cases

Quotable passages

#

Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Consequently, I find that there was adequate public participation for the rehabilitation of the Park.
p. 12public participation
There was no evidence of change of user of the parcel of land as it still remains a park for use by the public.
p. 12change of user / public land
Therefore, a formal request for access to information is a necessary precondition to establishing that access was denied, and failure to prove this renders the claim untenable.
p. 13access to information
the court finds that the Petitioners are not entitled to the reliefs sought, therefore, the Petitions are dismissed with no orders as to costs as these were public interest cases.
p. 13disposition

Issues in the judgment

#
minor

The judgment cites Access to Information Act sections as 6(5), 8 and 9(6) but in paragraph 43 counsel's submission attributes the 21-day deemed rejection to section 9(6), while paragraph 43 earlier refers to procedures under Section 8; no internal contradiction in holdings noted, but the petitioner's name in ELC Petition No. E008 of 2024 is never stated in the judgment (only the Secretary General George Narok is named)

minor

Cases cited by the court appear in the analysis section but most authorities were cited by counsel; the quotation from Trusted Society of Human Rights Alliance is attributed to that case by the court without independent verification in the judgment

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Githanga & another v County Government of Nakuru & 4 others (Environment and Land Petition E013 & E008 of 2024 (Consolidated)) [2026] KEELC 585 (KLR)", Case Analysis (2026). ELC Petition No. E008 of 2024 (consolidated with ELC Petition No. E013 of 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/585/eng@2026-02-09

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.