The Environment and Land Court in Kilifi has suspended the construction of affordable housing projects at the Watamu Park in Malindi after a petition was filed, citing environmental and community concerns.
In a court ruling dated December 24, 2025, Justice Mwangi Njoroge of the Malindi Law Court issued conservatory orders suspending all operations at the Park for 14 days until a ruling was made.
"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 judge stated.
The petitioner, an environmental activist Halima Mohamed, cited a lack of public participation in the ongoing destruction of Watamu Public Park to pave the way for the government's affordable houses.
The petition named the Artonney 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. It also noted that the Park was the only public Park remaining in Watamu, and therefore asked the court to stop its destruction.
The petition also alleged violations of constitutional provisions, disclosure and environmental protection. It also claimed the project infringed on community land rights and the property rights.
The residents, while holding peaceful protests on Tuesday, December 20, expressed concerns for the planned destruction of the Park, with investors noting that the Park acted as a tourist attraction. They say its destruction would make the Park lose its vital green space and destroy the environment.
They appealed to the government to seek an alternative site for building the houses, noting that the affordable housing project was a good move to eradicate slums in the region.
The Park was widely used as a meeting space due to the existence of neem trees, and it is also the primary point of contact when tourists visit the area. Residents argued that cutting down the trees and putting up the houses would erode the town's reputation as a tourist destination.
"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 stated.
The ruling comes days after a three-judge bench of the same court in Nairobi halted the construction of 15,000 units in the Southlands affordable housing project in Lang'ata constituency after a petition by Busia Senator Okiya Omtatah.
The petition claimed the project was on public land that was reserved for road and railway corridors.
Constant court rulings halting or challenging the affordable housing projects have stalled the Kenya Kwanza government's agenda of eradicating slums in the country, creating a cycle of political and operational setbacks for the government.
