Nairobi County has asked the High Court to dismiss a petition seeking to halt ongoing cabro paving, pedestrian walkway construction and related public works in the Central Business District (CBD), arguing that the application lacks specific evidence of illegality and would disrupt essential infrastructure projects.

In grounds of opposition dated August 24, 2026, the county has challenged an application filed by activist Francis Awino, accusing him of seeking sweeping court orders against various approvals, contracts, procurement processes and administrative actions without identifying the specific decisions he wants quashed.

Through Okundi & Company Advocates, the county argued that Awino had failed to establish a clear legal basis for the judicial review orders sought, including orders to stop the works and compel public officials to take action.

The dispute centres on construction, cabro paving and non motorised transport infrastructure within Nairobi’s CBD, as well as a cooperation agreement between the national government and Nairobi County signed on February 17, 2026.

The county maintains that allegations of secrecy, illegality and public danger were insufficient to justify judicial intervention without evidence linking the claims to a specific decision, procurement process or statutory violation.

It further argues that the proposed orders were too broad and would effectively place the court in charge of functions legally assigned to the county government, including planning, procurement and supervision of public infrastructure projects.

On demands for procurement records and other public information, the county says the applicant should pursue the appropriate procedures under access to information and procurement laws.

It accuses Awino of combining procurement complaints, requests for information and construction safety concerns into one application that would require the court to undertake a broad inquiry into the entire infrastructure programme.

The county has also challenged the inclusion of the joint steering committee established under the cooperation agreement, arguing that it was an administrative coordinating body without a separate legal identity and could not be sued in its own name.

It claims that stopping the projects without proof of a specific unlawful decision, process or expenditure would undermine the public interest.

The county wants the application, dated July 30, 2026, dismissed with costs.

The opposition follows directions issued by the High Court on August 3, 2026, when Justice Dr Nabil Mokaya Orina directed Nairobi County and the other respondents to file and serve their responses within 21 days of being served with the application.

Francis Awino had sought urgent intervention, arguing that the works could be completed before the court determined the dispute, potentially rendering the proceedings and any eventual relief ineffective.

In his application, the activist alleges that the ongoing works and related procurement processes are unlawful and have been undertaken without compliance with the required legal procedures.

He claims the construction has disrupted pedestrian movement, obstructed walkways and exposed pedestrians and motorists to safety risks.

He has also raised concerns over what he describes as inadequate signage, barriers, warning devices and other safety measures at the affected sites, while alleging that public funds are being spent unlawfully.

The respondents named in the proceedings include the county executive committee member and chief officer responsible for roads, transport, public works and urban development, the joint steering committee and the Attorney General.