A legal pause has been placed on activities at Watamu Park in Malindi after concerns were raised about the impact of an affordable housing project on the environment and the local community.
The decision follows a petition filed by an environmental activist who asked the court to stop construction work that had already started at the public park. The case has drawn wide attention from residents, investors, and leaders who believe the matter affects both development and environmental protection in the area.
In a ruling dated December 24, 2025, the Environment and Land Court in Kilifi issued orders stopping all activities at the site for 14 days.
The decision was made by Justice Mwangi Njoroge of the Malindi Law Court. The judge said the pause was necessary to allow the court to hear all parties and to protect the environment while the matter is under review.
In his ruling, he stated, “In the interim and having regard to the provisions of Article 70(1)(2) and (3) and requirement of 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, that is until hearing inter-partes on 7/1/2026.”
The petition was filed by environmental activist Halima Mohamed, who raised concerns about the lack of public participation in the project.
She argued that the destruction of Watamu Public Park was being done without proper consultation with the community.
The petition named 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).
According to the petition, the park is the only remaining public park in Watamu, and its loss would greatly affect residents and visitors.
The petition also claimed that the project violated constitutional provisions, environmental laws, and community land rights.
It further argued that the development threatened property rights and failed to meet required standards of public disclosure and environmental protection.
Residents of Watamu held peaceful protests on Tuesday, December 20, to express their concerns.
Many said the park plays an important role in tourism and community life. Investors and business owners also warned that destroying the park would reduce its value as a tourist attraction and harm the local economy.
They explained that the green space helps maintain the town’s natural appeal and supports livelihoods that depend on tourism.
Residents also said the park is commonly used as a meeting place and a resting area because of its many neem trees. It is also often the first stop for tourists visiting the area.
They fear that cutting down the trees and putting up buildings would damage the town’s image.
“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.
The court ruling came only days after another decision by a three-judge bench in Nairobi stopped the construction of 15,000 housing units in the Southlands area of Lang’ata.
That case followed a petition by Busia Senator Okiya Omtatah, who argued that the land was meant for road and railway corridors.
These repeated court cases have slowed down the Kenya Kwanza government’s affordable housing plans.
While the goal is to reduce slums and provide better housing, legal challenges continue to create delays and uncertainty around the projects.
