The High Court has rejected an application by a Nairobi resident seeking to stop Governor Johnson Sakaja's ongoing cabro paving and pedestrian walkway projects in the Central Business District (CBD).
Justice Nabil Orina dismissed an application by Francis Awino seeking permission to institute judicial review proceedings, ruling that his complaints about procurement transparency, public expenditure and pedestrian safety were too general to justify court intervention.
Awino had sought orders stopping further construction works and payments, invalidating the disputed tenders and contracts, and compelling Nairobi County to disclose procurement and funding records relating to the projects.
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He also wanted the county government compelled to install adequate barriers, warning signs and pedestrian diversions at construction sites to protect members of the public.
The resident further questioned the involvement of workers wearing reflective jackets branded "Sakaja Delivery Unit", arguing that their participation raised concerns about the exercise of public functions through what he described as an undefined administrative structure.
However, Justice Orina faulted Awino for failing to identify specific administrative decisions that he wanted the court to invalidate.
"The applicant fails to identify the grievance with any precision, leaving the prayer to stand as an omnibus catch-it-all net for anything allegedly tied to the impugned works," the judge ruled.
The court also noted that procurement disputes are governed by the Public Procurement and Asset Disposal Act, which provides specific procedures for challenging tender awards.
"That regime cannot be circumvented through a generalised complaint before the High Court," Justice Orina said, referring to the review procedure under Section 175 of the Act.
On the request for procurement documents, the judge observed that Awino should first have exhausted the procedures provided under the Access to Information Act and its 2023 regulations.
The judge described the attempt to obtain additional records through judicial review as "a fishing expedition".
Nairobi County had opposed the application, arguing that Awino failed to identify the decision-maker, date, content or legal effect of the administrative decisions he was challenging.
In its response, the county maintained that the CBD projects had been independently procured through advertised tenders before the February 17, 2026, cooperation agreement between the national and county governments.
The county presented tender advertisements, award letters, evaluation minutes, approvals and engineers' reports to support its position.
Justice Orina also declined to issue orders on pedestrian safety, noting that construction-site safety is governed by separate laws and enforcement mechanisms.
However, he clarified that the ruling did not establish that all construction sites were safe or that every safety requirement had been met.
The dispute arose from county tenders advertised in October 2025 for improvements to non-motorised transport facilities along sections of Moi Avenue and Haile Selassie Avenue.
In May 2026, Nairobi County announced the completion of several walkway upgrades involving cabro paving, LED streetlights and solar-powered benches.
The ruling allows the county's projects to proceed without the specific restrictions sought in Awino's application, while leaving broader questions of procurement accountability and construction-site safety subject to the applicable legal and oversight mechanisms.