September 26, 2023

Summary

“By taking such actions, the Respondents clearly violated the constitutional principle of public participation, as delineated in Articles 10(2), 174, and 232(1)(d) and (h) of the Constitution.”

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High Court overturns decision to name road after Atwoli

High Court overturns decision to name road after Atwoli

Atwoli road

The High Court in Nairobi has overturned the decision to rename DikDik Road in Kileleshwa, Nairobi, after COTU Secretary General Francis Atwoli.

On Monday, September 25, the court ruled that there had been a lack of public participation in the renaming process.

Justice Anthony Mrima declared that the decision made by the Nairobi County government on May 27, 2021, was unconstitutional because it did not seek the input of the residents before changing the road’s name.

There was a public uproar in 2021 when the Dik Dik road was renamed to Atwoli road by former governor Ann Kananu and a sign with his name was installed on the road.

A group of disgruntled Kenyans went ahead to uproot the road sign but a defiant Atwoli had it reinforced and warned that CCTVs had been installed to secure the installment.

Dik Dik residents moved to court to appeal the decision by the county government to rename their road to Atwoli.

The judge emphasized that if the county government chose to rename the road, it should have, at the very least, initiated a form of stakeholder engagement, as mandated by the constitution.

“By taking such actions, the Respondents clearly violated the constitutional principle of public participation, as delineated in Articles 10(2), 174, and 232(1)(d) and (h) of the Constitution.”

Justice Mrima additionally emphasized that Atwoli should have ensured that the decision to name the public road after him was in accordance with both the constitution and the law, once he became aware of it.

“Therefore, the decision to re-name the Dik Dik Road to Francis Atwoli Road by the Respondents is hereby quashed,” the court ruled.

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