The Environment and Land Court in Kilifi has suspended the construction of affordable housing projects at Watamu Park in Malindi following a petition raising environmental and community concerns.
In a ruling dated December 24, 2025, Justice Mwangi Njoroge of the Malindi Law Courts issued conservatory orders halting all activities at the park for 14 days, pending an inter-partes hearing scheduled for January 7, 2026.
“In the interim and having regard to the provisions of Article 70(1), (2) and (3) and the requirement of the precautionary principle under Section 3(5)(f) of the Environmental Management and Co-ordination Act CAP 387, it is hereby ordered that the status quo of Plot No. 70 Watamu as at the date of this order shall be respected and observed by all the parties for a period of 14 days from today,” Justice Njoroge ruled.
Petition Cites Lack of Public Participation
The petition was filed by environmental activist Halima Mohamed, who argued that there was no meaningful public participation in the planned destruction of Watamu Public Park to pave the way for the government’s affordable housing project.
She told the court that the park is the only remaining public green space in Watamu and its destruction would have far-reaching environmental and social consequences. The petition further alleged violations of constitutional provisions on environmental protection, public disclosure and community participation.
The case names the Attorney General, the Ministry of Lands and Housing, the Affordable Housing Board, the County Government of Kilifi and the National Environmental Management Authority (NEMA) as respondents.
Residents and Investors Raise Alarm
Residents of Watamu held peaceful protests on Tuesday, December 20, expressing concern over the proposed construction. Local investors and tourism stakeholders warned that the park plays a critical role as a tourist attraction and its loss would damage the town’s image and environmental sustainability.
They argued that the park provides vital green space and serves as a common meeting point for residents, largely due to the presence of mature neem trees. The park is also the first point of contact for many tourists visiting the area.
Residents warned that cutting down the trees and replacing the park with housing units would erode Watamu’s reputation as a tourist destination and negatively impact the local economy.
“We are not opposing the construction of affordable housing projects in Malindi. What we are asking is, please do not destroy this park. Look for an alternative,” one resident said.
While acknowledging that affordable housing is necessary to help eradicate informal settlements in the region, residents urged the government to identify alternative land for the project.
Part of a Broader Legal Trend
The ruling comes just days after a three-judge bench of the Environment and Land Court in Nairobi halted the construction of 15,000 housing units under the Southlands affordable housing project in Lang’ata constituency. That case followed a petition by Busia Senator Okiya Omtatah, who argued that the land was reserved for road and railway corridors.
A series of court cases challenging affordable housing developments has increasingly stalled the Kenya Kwanza government’s housing agenda, creating political and operational setbacks as it seeks to deliver on its promise to eradicate slums and expand access to decent housing.
The court is expected to issue further directions after hearing all parties in the Watamu Park case early next year.
