Uhuru Park Nairobi [Photo: The Standard]
The court has suspended requests by the Nairobi metropolitan services‘ (NMS) request to set aside orders that suspended renovations at Uhuru Park and Central Park.
Claims by Justice Edward Wabwoto indicate that NMS director-general Mohammed Badi did not give compelling reasons to warrant the court to vacate the same.
“I am not satisfied that the applicant (Badi) has met the threshold for setting aside the conservatory orders issued on December 7, 2021, and the proceedings for December 6, 2021,” he ruled.
“For the avoidance of doubt, the orders issued on December 7, 2021, remain in force.” He added.
On the aforementioned date, Justice Wabwoto ruled against felling trees or carrying out any works at the park.
On December 17, 2021, through lawyer Duncan Okatch, NMS wanted the court to set aside the orders that halted its works in the parks.
On its part, NMS argued that the ruling by Justice Wabwoto was given without NMS being given a chance to be heard nor was Badi given any notice and allowed to respond.
However, in last week’s ruling Justice Wabwoto said when he issued the orders on December 7 last year, he was satisfied there was a prima facie case warranting the specific conservatory orders.
The conservatory orders stopped any further works at the park pending the hearing and determination of a case filed by the Communist Party of Kenya.
“I reiterate that it would, in the circumstances of this case, be improper for this court to purport to overturn the said orders at this stage,” he ruled.