Nairobi National Park briefly transformed into an open-air courtroom on Tuesday as the Environment and Land Court conducted a fact-finding mission in a case challenging the proposed relocation of the Nairobi Animal Orphanage.
The site visit, led by Environment and Land Court Deputy Registrar and Magistrate Vincent Kiplagat, brought together legal teams representing the Kenya Wildlife Service (KWS) and petitioners opposed to the project.
The inspection is expected to assist the court in determining whether the planned relocation complies with environmental and legal requirements before construction proceeds.
During the visit, the Kenya Wildlife Service defended its decision to relocate the orphanage, arguing that the existing facility can no longer adequately serve its conservation, education, and animal welfare objectives.
Through its lawyer Leone Kalisto, KWS told the court that the orphanage, established in 1964, consists of ageing infrastructure that no longer meets modern standards for wildlife management.
"The structures are old, and the current arrangement can no longer support proper wildlife management. Carnivores and herbivores are located in proximity, causing unnecessary distress to the animals," KWS submitted during the inspection.
The agency said the growing number of visitors has also piled pressure on the existing facility.
It noted that children aged 6 and below are admitted free of charge, contributing to increased visitation and underscoring the need for expanded, modern infrastructure.
According to the agency, the proposed facility will feature modern animal holding spaces, upgraded veterinary and management equipment, and administrative offices to improve operations while addressing emerging conservation challenges.
KWS maintained that the relocation is necessary to improve animal welfare, reduce human-wildlife conflict within the facility and enhance the visitor experience.
During the inspection, Deputy Registrar Kiplagat sought clarification on whether the controversial redevelopment of the nearby Bomas of Kenya is linked to the relocation of the orphanage.
This visit comes after the court directed the Deputy Registrar of the Environment and Lands Court to attend a site inspection of the project of the proposed relocation and upgrading of Nairobi Animal Orphanage
The question follows concerns raised by opponents of the project that the two developments form part of a broader plan affecting Nairobi National Park.
According to the over 4,000 petitioners' counsel, Lawyer Mwaura Kabata, the agency did not do an environmental impact assessment and also they did not carry out the conceptualised constitutional requirement on public participation.
"They are hoodwinking everyone that that is going to be an animal orphanage but in reality, they are carving off 89 acres to supplement the parking space for the BOMAS International Conference Centre (BICC)," he claimed.
He also alleged that KWS management wants to build an overpass bridge from BOMAS to the National Park.
"Our question then begs, what got into their minds to deliberately settle on that spot as the orphanage? It is on a road which is too active. Why couldn't they just extend the normal animal orphanage that we have and build another one behind it? paused Kabata.
KWS has, however, consistently maintained that the orphanage relocation and the Bomas redevelopment are separate projects, despite public concerns over their proximity.
Environmental conservation groups and activists moved to court seeking to stop the relocation, arguing that the project threatens the ecological integrity of Nairobi National Park and was initiated without adequate public participation and environmental safeguards.
The court has since halted the construction until the case is heard and determined.
The dispute has sparked public protests in recent weeks, with environmental activists and conservationists staging demonstrations against the planned relocation.
Protesters accused KWS and the government of gradually grabbing portions of the park through infrastructure projects, claims that government agencies have denied.
The Standard established during Tuesday's inspection that the proposed relocation site had already been cleared and fenced off.
"We will do a comparative analysis," said Kiplagat after inspecting the existing orphanage and the site of the planned new development.
