In a ruling delivered on December 24, 2025, Justice Mwangi Njoroge issued conservatory orders suspending all activities at the park for 14 days.
The court directed that the current condition of the land must remain unchanged until the case is heard and determined.
The judge said the order was necessary to protect the environment and public interest, citing constitutional provisions and the precautionary principle under Kenya’s environmental laws.
The matter will be heard inter-partes on January 7, 2026.
Petition Cites Environmental and Public Participation Concerns
The case was filed by Halima Mohamed, an environmental activist, who argued that the government began clearing Watamu Public Park without proper public participation.
She claimed residents were not consulted before the park was earmarked for affordable housing development.
According to the petition, Watamu Public Park is the only remaining public park in the area and plays a key role in environmental conservation, tourism, and community life.
The petitioner warned that losing the park would permanently damage the town’s ecosystem and identity.
The lawsuit names several respondents, including 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 also alleges violations of constitutional rights related to environmental protection, access to information, and community land ownership.
Residents and Investors Raise Alarm
Local residents staged peaceful protests earlier in the week, calling on the government to halt the project and identify an alternative site.
They said the park serves as a green space, meeting point, and first stop for many tourists visiting Watamu.
Business owners and investors warned that replacing the park with housing units would hurt tourism, which is the backbone of the local economy.
They argued that Watamu’s reputation as a serene coastal destination depends heavily on preserving its natural spaces.
Residents also pointed out that the park’s neem trees provide shade and act as a natural cooling system in the town.
Cutting them down, they said, would worsen environmental degradation and reduce the quality of life.
Support for Housing, But Not at the Park
Despite opposing the location, residents made it clear they support the government’s affordable housing programme.
They said the project is important in addressing housing shortages and reducing informal settlements.
However, they urged authorities to relocate the project to another suitable area that does not involve destroying public land.
“We are not against affordable housing. We are only asking the government to protect this park and build the houses elsewhere,” one resident said during the protests.
Part of a Wider Legal Challenge
The Watamu ruling comes just days after another court halted the construction of 15,000 affordable housing units in Southlands, Lang’ata, following a petition by Busia Senator Okiya Omtatah.
In that case, the court found that the project was allegedly planned on land reserved for public infrastructure.
A growing number of court cases challenging affordable housing projects across the country have slowed the Kenya Kwanza government’s housing agenda.
Legal hurdles, environmental concerns, and land ownership disputes continue to pose major challenges to implementation.
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