A court dispute has emerged over the planned expansion of the Bomas International Convention Centre, with Kituo cha Sheria challenging the government over what it describes as the proposed takeover of a portion of Nairobi National Park for the project.
The lobby group has asked the High Court to intervene and stop the relocation of the Nairobi Animal Orphanage, arguing that the wider project will lead to the loss of about 76 acres of protected land and interfere with a key conservation area.
In its case, Kituo cha Sheria says the project threatens an indigenous forest within the park that serves as an important habitat for the critically endangered black rhino.
Through a sworn affidavit by Executive Director Wambua Kituku, the organisation outlines what it calls a series of irregularities linked to the Sh41.9 billion development, including concerns over funding arrangements, environmental approvals and public consultation.
“The respondents’ attempt to alienate or repurpose public land for commercial and infrastructural use over ecological sustainability is a violation of the first petitioner’s right and the right of the people of Kenya to a clean and healthy environment,” the affidavit says.
Kituku states that the Auditor-General had already raised red flags over the project, noting that it was not included in the 2024/25 financial year budget and had no clear allocation at the time.
He further claims that the funding structure was not initially disclosed and was later linked to the Tourism Fund under a public-private partnership arrangement.
“Appearing before the Senate in February 2026, the Auditor-General flagged the repayment period of 24 months – a turnaround against the National Treasury period of 10 years,”Kituku says.
According to the affidavit, the project’s justification is also tied to the hiving off of park land, which the lobby says raises serious questions about legality and transparency.
The group also warns that relocating the Nairobi Animal Orphanage and allocating eight acres for a parking facility would disrupt the park’s ecological balance and wildlife movement.
Kituo cha Sheria further accuses the Kenya Wildlife Service and the National Environment Management Authority of failing to ensure meaningful public participation before advancing the project.
“KWS and the National Environment Management Authority (Nema) refused and neglected to provide the petitioners with a reasonable opportunity and notice, amounting to violation of their rights as protected by the Constitution,” the affidavit says.
The lobby claims that stakeholders were only alerted to a public participation meeting on September 25, 2025, and that the notice was not properly advertised, with many learning of it informally on the same day.
It also says participants were not provided with key documents or project files, making it difficult for them to give informed views on the environmental and social impact assessment.
Further concerns are raised over timelines, with the organisation arguing that conservation stakeholders were not given sufficient time to prepare for a follow-up meeting held on October 2, 2025.
Kituo cha Sheria also faults the agencies for failing to provide online or remote participation options for stakeholders unable to attend in person.
The affidavit points to inconsistencies in the environmental impact assessment report, which lists the project area at different sizes ranging from 26 to 99 acres.
It also highlights contradictions in the proposed perimeter fence, described in some sections as 700 metres and in others as 10 kilometres.
The lobby argues that these inconsistencies make it unclear how much land is actually set to be affected by the development.
Kituo cha Sheria is now urging the court to issue conservatory orders to halt the project, saying implementation has already progressed beyond the planning stage.
The High Court certified the matter as urgent on April 30, with respondents directed to file responses before the case comes up for hearing on June 30.