The Environment and Land Court in Kilifi has suspended the construction of affordable housing projects at Watamu Public Park in Malindi, citing environmental and community concerns.
In a ruling dated December 24, 2025, Justice Mwangi Njoroge of the Malindi Law Court issued conservatory orders halting all construction activities at the park for 14 days, pending a full hearing scheduled for January 7, 2026.
"In the interim, the status quo of plot no. 70 Watamu shall be respected and observed by all parties for a period of 14 days," the judge stated, referencing provisions of the Environmental Management and Co-Ordination Act and the precautionary principle.
The petition, filed by environmental activist Halima Mohamed, argued that there was insufficient public participation in the decision to convert Watamu Public Park into affordable housing.
Mohamed noted that the park is the only public green space remaining in Watamu and called for the government to halt its destruction.
Respondents named in the petition include 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).
The petition highlighted alleged violations of constitutional rights, environmental protection laws, and community land rights.
Residents of Watamu have been vocal in their opposition, holding peaceful protests on December 20, 2025. They stressed that the park serves as a key tourist attraction and community meeting point, with neem trees providing shade and aesthetic value.
Many argued that destroying the park would damage the town’s reputation and environmental integrity.
"We are not against affordable housing projects in Malindi. We are asking the government to find an alternative site and preserve this park," one resident said.
The ruling follows a similar decision by a Nairobi-based three-judge bench that halted the construction of 15,000 affordable housing units in Lang’ata after concerns were raised about the use of public land reserved for roads and railway corridors.
Court interventions have repeatedly challenged the Kenya Kwanza government’s affordable housing agenda, creating operational delays and political setbacks as the government works to eradicate slums.