High Court Dismisses Suit Challenging Sakaja’s CBD Cabro Projects, Giving Nairobi County Legal Relief
The High Court has dismissed a legal challenge seeking to stop Nairobi Governor Johnson Sakaja’s ongoing cabro paving and pedestrian walkway projects in the Central Business District (CBD), handing Nairobi City County a significant legal reprieve as it continues its urban infrastructure improvement programme.
In a ruling delivered on Thursday, November 5, 2026, Justice Nabil Mokaya Orina dismissed an application filed by Nairobi resident and human rights activist Francis Awino, who had sought permission to institute judicial review proceedings against the county government over the disputed works.
The petitioner had raised concerns regarding procurement transparency, public expenditure, pedestrian safety and the disclosure of project records. He wanted the court to stop further construction and payments, invalidate disputed tenders and contracts, and compel the county to provide documents relating to the planning, procurement and funding of the projects.
However, the court found that the application had failed to identify specific county decisions that the petitioner wanted overturned. The judge ruled that the complaints were too general to justify judicial review intervention at that stage.
The decision provides relief to the county government, which has been undertaking cabro paving, pedestrian walkway rehabilitation and related non-motorised transport improvements across parts of Nairobi’s CBD. Nevertheless, the ruling should not be interpreted as a blanket declaration that every aspect of the project is lawful or that all construction sites have met every safety requirement.
The dispute has attracted public attention because the projects are being implemented in one of the busiest commercial centres in the country, where thousands of pedestrians, traders, public transport operators and motorists interact daily.
How the Legal Dispute Began
The case originated from concerns raised by Francis Awino over Nairobi County’s implementation of the CBD cabro paving and pedestrian infrastructure projects.
The activist moved to court in July 2026, seeking to challenge the legality of the works. He questioned the procurement processes, the transparency surrounding the contracts and the manner in which the county was implementing the infrastructure improvements.
The projects under scrutiny involved works along several major streets and sections of the CBD, including Moi Avenue, Haile Selassie Avenue, Taifa Lane, the Kencom area and neighbouring streets.
Awino argued that the county had failed to adequately comply with constitutional and statutory requirements relating to public participation, procurement, transparency and accountability.
He also raised concerns about pedestrian safety, alleging that construction activities had left some walkways excavated, obstructed or difficult to access. According to his application, the conditions around certain construction sites posed risks to pedestrians and motorists.
The petitioner wanted the court to intervene before further public funds were spent on projects whose legality he questioned.
Among the orders sought were the suspension of construction activities, the stopping of further payments, the invalidation of disputed procurement processes and contracts, and the disclosure of key project documents.
The application also sought measures to improve safety around construction areas, including warning signs, barriers and alternative pedestrian routes.
The county government opposed the application, arguing that the petitioner had not identified specific administrative decisions or demonstrated precise legal violations that would warrant the orders being sought.
The court ultimately agreed that the application was not sufficiently specific to proceed through judicial review.
Why the High Court Dismissed the Application
In dismissing the application, Justice Orina focused on the legal requirements that must be met before a court grants permission to institute judicial review proceedings.
The judge observed that the petitioner had made broad allegations concerning procurement, spending and the implementation of the projects without identifying particular decisions that were allegedly unlawful.
Judicial review is a legal process through which courts examine the legality, fairness and procedural correctness of decisions made by public authorities. It is not intended to serve as a general mechanism for challenging every government activity based on broad allegations.
The court found that Awino’s application lacked the necessary precision in identifying the decisions he wanted quashed.
Justice Orina noted that procurement disputes are governed by specific procedures under the Public Procurement and Asset Disposal Act, including the review framework provided under Section 175.
The judge indicated that those established mechanisms could not be bypassed through a generalised complaint before the High Court.
The court also addressed the petitioner’s request for access to procurement and funding records.
Awino had sought documents such as tender advertisements, evaluation minutes, contracts, approvals, engineers’ reports and other records relating to the projects.
However, the judge said the petitioner should first have exhausted the procedures provided under the Access to Information Act and its 2023 regulations before attempting to obtain additional documents through judicial review.
The court described the attempt to obtain further records through the application as a “fishing expedition”, indicating that the request had not been sufficiently grounded in the appropriate legal process.
The ruling therefore centred on the legal form and specificity of the application, rather than a comprehensive examination of every allegation concerning the construction projects.
County Government’s Position on the Projects
Nairobi County maintained that the cabro paving and pedestrian walkway works were being implemented through established procurement processes.
In its response to the case, the county argued that the petitioner had failed to identify the particular decisions, contracts or administrative actions that allegedly violated the law.
The county also presented documents in support of its position, including tender advertisements, award letters, evaluation minutes, approvals and engineers’ reports.
It maintained that budgets had been set aside for the works and that the procurement processes had been conducted independently before construction began.
The county further disputed claims linking the projects to the National Government-Nairobi County Cooperation Agreement signed on February 17, 2026.
According to the county’s position, the relevant tenders had been advertised, evaluated and awarded before the cooperation agreement, with contracts signed before construction commenced.
The county argued that stopping the works without evidence of a specific legal violation would disrupt public infrastructure projects and interfere with functions assigned to the county government.
The court’s dismissal of the application gives the county relief from the particular legal challenge. However, the ruling does not remove the broader obligation for public projects to comply with procurement laws, constitutional principles and applicable safety standards.
What the CBD Cabro Projects Are Intended to Achieve
The cabro paving and pedestrian walkway projects form part of Nairobi County’s efforts to improve the city centre’s infrastructure and public spaces.
The CBD is one of the busiest areas in Kenya, hosting government offices, commercial buildings, financial institutions, retail businesses, public transport terminals and thousands of daily commuters.
For years, pedestrian movement in sections of the city centre has been affected by congestion, uneven walkways, encroachment, poor drainage and the competing use of public spaces.
The county’s infrastructure improvements are intended to enhance pedestrian access, improve the appearance of streets and create a more organised urban environment.
The projects involve the installation of cabro blocks on pedestrian walkways, improvements to non-motorised transport facilities and related infrastructure enhancements.
In May 2026, the county announced the completion of several walkway upgrades involving cabro paving, LED streetlights and solar benches around parts of the CBD, including Moi Avenue, Tom Mboya Street, Kencom and the Ambassador terminal.
These improvements are intended to make the city centre more accessible and comfortable for pedestrians.
Better pedestrian infrastructure can also contribute to improved urban mobility by encouraging people to walk safely between offices, shops, public transport stations and other destinations.
However, the effectiveness of such projects depends not only on the quality of construction but also on proper planning, maintenance, accessibility and enforcement of rules governing public spaces.
Pedestrian Safety Remains an Important Concern
Although the court declined to issue the safety orders sought by the petitioner, pedestrian safety remains an important issue in the implementation of infrastructure projects.
Construction activities in a busy urban environment can create temporary hazards, particularly where walkways are excavated, materials are placed along streets or pedestrian routes are redirected.
The petitioner had argued that some construction areas lacked adequate warning signs, barriers and alternative pedestrian routes.
The judge declined to issue the requested orders, explaining that construction-site safety is governed by separate laws and enforcement mechanisms.
Importantly, the court clarified that its ruling did not amount to a finding that all construction sites were safe or that every safety requirement had been met.
This distinction is significant because it means the dismissal should not be interpreted as a blanket approval of construction-site safety conditions.
Public authorities and contractors remain responsible for complying with applicable safety standards and protecting pedestrians during construction.
For Nairobi residents, the key concern is ensuring that infrastructure improvements do not expose people to unnecessary risks while the works are ongoing.
Proper barriers, visible warning signs, safe diversions and accessible routes are essential in areas where construction intersects with heavy pedestrian traffic.
Procurement Transparency and Accountability in Public Projects
The case has also highlighted the wider debate surrounding transparency and accountability in the use of public funds.
Public infrastructure projects are financed through taxpayers’ money, making it essential for procurement processes to comply with the law and remain open to appropriate scrutiny.
The Constitution of Kenya establishes principles of accountability, transparency, prudent use of public resources and public participation in governance.
These principles apply to county governments and other public institutions responsible for planning and implementing development projects.
The petitioner’s concerns about procurement records reflected the broader public interest in understanding how infrastructure projects are planned, awarded, funded and supervised.
However, the court’s ruling emphasised that concerns about public expenditure must be pursued through the correct legal procedures and supported by sufficiently specific allegations.
The decision highlights the importance of using established mechanisms for procurement review and access to information.
It also demonstrates that the courts expect litigants seeking judicial review to identify the particular administrative decisions they are challenging rather than presenting broad complaints against an entire project.
The ruling does not suggest that public scrutiny is unnecessary. Instead, it reinforces the need for scrutiny to be conducted through the appropriate legal framework.
What the Ruling Means for Governor Sakaja and Nairobi County
The dismissal of the application provides Governor Johnson Sakaja’s administration with a legal reprieve in relation to the disputed CBD cabro works.
The county can continue implementing the projects without the specific suspension orders sought by Francis Awino being granted.
The decision also removes one legal obstacle that had threatened to interrupt the county’s infrastructure improvement programme.
For Sakaja’s administration, the ruling comes amid continued efforts to improve Nairobi’s roads, pedestrian facilities, street lighting and public spaces.
The governor has repeatedly promoted infrastructure improvements as part of his administration’s broader urban development agenda.
However, the legal outcome does not mean the county is exempt from accountability or that future challenges to specific decisions would automatically fail.
Any future legal dispute would need to be considered on its own facts, evidence and applicable legal requirements.
The county will still be expected to ensure that projects are implemented according to the law, that public funds are properly managed and that infrastructure meets the required standards.
The ruling also provides a reminder to public authorities that procedural compliance and proper documentation are important when undertaking projects that attract public scrutiny.
The Broader Significance for Nairobi’s Urban Development
The dispute comes at a time when Nairobi is facing growing pressure to improve its urban infrastructure.
As the city’s population and economic activities continue to expand, the need for safe pedestrian spaces, efficient transport systems, better drainage and organised public areas has become increasingly important.
The CBD remains a central part of Nairobi’s economy, attracting workers, traders, customers and visitors from across the country.
Infrastructure improvements in the city centre can have a direct impact on the daily experiences of residents and businesses.
Well-maintained walkways can improve mobility, reduce pedestrian inconvenience and make commercial areas more accessible.
Street lighting can also improve visibility and contribute to a more welcoming urban environment.
At the same time, public infrastructure projects must be implemented in a way that balances development with transparency, public participation and safety.
The controversy surrounding the cabro works illustrates the challenges county governments face when implementing major urban projects in highly populated and commercially active areas.
While development is necessary, residents also expect public institutions to demonstrate that projects are properly planned, lawfully procured and responsibly managed.
The High Court’s decision addresses the specific legal application filed by Awino, but the broader public debate over urban development and accountability is likely to continue.
The High Court’s dismissal of the suit challenging Governor Johnson Sakaja’s CBD cabro paving and pedestrian walkway projects marks a significant legal development for Nairobi County.
Justice Nabil Mokaya Orina ruled that Francis Awino’s application lacked the specificity required to proceed through judicial review, particularly because it failed to identify the precise county decisions allegedly made unlawfully.
The court also directed attention to the established legal procedures governing procurement disputes and access to public information.
The decision gives Nairobi County relief from the particular challenge seeking to halt the works, allowing the projects to continue without the requested suspension orders.
However, the ruling does not amount to a blanket declaration that every aspect of the projects is lawful or that all construction sites have satisfied safety requirements.
As Nairobi continues to pursue infrastructure improvements, the central question remains how the county can deliver better public spaces while maintaining transparency, accountability and safety.
For residents, traders, commuters and pedestrians, the ultimate measure of the projects will be whether the completed walkways provide safer, more accessible and better-maintained public spaces in the heart of the capital.
The court has resolved the application before it, but the responsibility to ensure that public infrastructure serves Nairobi residents effectively remains with the county government.
