Nairobi County has urged the High Court to dismiss a petition seeking to stop ongoing cabro paving, pedestrian walkway construction and other infrastructure works in the Central Business District (CBD), arguing that the case lacks evidence of specific legal violations.
In its grounds of opposition dated August 24, 2026, the county accused activist Francis Awino of seeking broad court orders without identifying particular decisions, contracts or procurement processes alleged to have breached the law.
Through Okundi & Company Advocates, the county argued that the application failed to establish sufficient grounds for judicial review and warned that stopping the projects could disrupt essential public infrastructure works.
The dispute centres on ongoing construction and non-motorised transport facilities in the CBD, as well as a cooperation agreement signed between the national government and Nairobi County on February 17, 2026.
The county maintains that claims of illegality, secrecy and public safety risks must be supported by evidence linking them to specific unlawful decisions or breaches of statutory requirements.
It further argues that the orders sought would interfere with functions legally assigned to the county government, including urban planning, procurement and the supervision of infrastructure projects.
On demands for procurement documents and other public records, the county says Awino should follow the procedures provided under access to information and procurement laws.
It also challenged the inclusion of the joint steering committee in the case, arguing that the body was established for administrative coordination and lacked a separate legal identity that would allow it to be sued independently.
The county wants the application, filed on July 30, 2026, dismissed with costs, maintaining that halting the works without proof of a specific violation would undermine public interest.
However, Awino has asked the court to intervene urgently, warning that the projects could be completed before the case is determined, potentially making any eventual court orders ineffective.
In his application, the activist alleges that the construction and related procurement processes have failed to comply with legal requirements.
He also claims the works have disrupted pedestrian movement, blocked walkways and created safety risks for pedestrians and motorists.
Awino has further raised concerns over inadequate warning signs, barriers and other safety measures at construction sites, alongside allegations of unlawful expenditure of public funds.
The case also involves county officials responsible for roads, transport, public works and urban development, the Attorney General and the joint steering committee.
On August 3, 2026, Justice Dr Nabil Mokaya Orina directed Nairobi County and the other respondents to file and serve their responses within 21 days of being served with the application.
