Nakuru County faces legal storm over Afraha stadium Annex Housing plan

A section of Afraha Annex in Nakuru city on June 13, 2025. [Kipsang Joseph, Standard]

The Nakuru County Government is staring at a possible legal showdown over its controversial plan to repurpose part of Afraha Stadium Annex for an affordable housing project.

The proposal has sparked outrage from residents and Legal experts who are now threatening to move to court to block the move, terming it illegal and a blatant disregard of public interest.

Speaking to journalists in Nakuru, Aston Muchela, the Chairperson of the Law Society of Kenya (LSK) Rift Valley branch, condemned the plan, saying the county had neither consulted the public nor followed the law in attempting to convert the sports facility into residential units.

“Afraha Stadium is not just a playground; it is a historical and strategic asset that serves the entire sporting community of Nakuru and beyond. The land earmarked for the expansion of the stadium cannot be casually converted into a residential estate,” said Muchela.

Muchela revealed that his office had been approached by concerned residents who are opposed to the plan.

Acting on their instructions, he has since issued a demand letter to the Nakuru County Government demanding the immediate suspension of the project

In the letter dated June 17, 2025, Muchela argues that the county is already in violation of several legal provisions, including the Constitution of Kenya, the Land Act of 2012, the Physical Land Use Planning Act of 2019, and regulations governing the management of public sports facilities.

“We have not seen any formal public participation or notification to the stakeholders. There has been no consultation with the sporting fraternity, the National Land Commission or even the sports stadiums management Board “, Muchela said.

 He warned that if the county proceeds without meeting the legal requirements, any action taken to change the use of the stadium land will be null and void, and potential misuse of public funds.

“Public land cannot be converted for private gain without following due process. The affordable housing units being proposed will eventually be sold to private individuals, meaning the county is effectively attempting to privatize public land without legal backing,” he said.

In the demand letter, Muchela has given the county 10 days to respond, warning that failure to comply will lead to a formal petition in court

Among the key demands in the letter are immediate suspension of all activities related to the project, Transparent public participation involving all stakeholders, not handpicked individuals.

The letter also demanded written approvals from relevant authorities, including the National Lands Commission and the sports stadia management board, and a legal justification for the proposed change of land use.

Muchela also disclosed that the matter has been copied to various government agencies, including the Ethics and Anti-Corruption Commission (EACC), in anticipation of possible misuse of public resources if the county continues with the project without following the law.

“If they proceed and the process is later nullified by the courts, it will mean that the public funds spent on feasibility studies, surveys, and preliminary works will have gone to waste. Those responsible must be held personally accountable,” Muchela insisted.

The lawyer further pointed out that there are alternative parcels of land within Nakuru, including areas like Kivumbini and Flamingo estates, which are more suitable for the affordable housing programme.

“We are not against affordable housing, but we will not sit back and watch as the little remaining public sporting spaces are grabbed and converted through illegal shortcuts,” Muchela said.