Questions are being raised over the use of public space at Globe cinema Roundabout in Nairobi’s Central Business District, following the construction of containers, shades and stalls along a busy pedestrian and transport corridor.
Nairobi CBD MCA John Mwaniki Kwenya has asked the county government to explain who authorised the structures erected next to Kahama Hotel and whether the land they occupy is a public road reserve, pedestrian walkway or designated non motorised transport (NMT) corridor.
The concerns go beyond the structures themselves, They point to a wider challenge facing Nairobi, how public land and spaces meant for pedestrians and other public uses are planned, allocated and protected.
“Honorable speaker concerns have been raised by members of the public and business men operators within the central business district CBD regarding this newly emerging structures specifically structures that appear to have been strategically placed directly on the designated pedestrian walks and public road reserves around the busy globe roundabout interchange,” He said.
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Who authorised the development?
In a statement sought from the relevant county committees, Kwenya wants the county government to establish whether the developers obtained the necessary approvals to put up the commercial structures.
Among the issues he wants investigated is whether the site is designated as a public road reserve, pedestrian walkway or NMT corridor.
He also wants the county to disclose who owns or benefits from the containers and stalls and, if they are privately owned, explain how the space was allocated, leased or permitted for commercial use.
The MCA has further called for confirmation that the developers obtained valid development approvals, change of use permissions, environmental approvals and county licences.
These questions are important because public road reserves and pedestrian spaces are not simply vacant pieces of land available for commercial development. Their use is tied to planning, public access and safety.
Public participation and planning
Kenya’s planning framework requires development and land use decisions to follow established planning procedures.
Kwenya has therefore questioned whether the required public participation and planning approvals were undertaken before the structures appeared at the busy Globe Roundabout.
The location has also raised concerns about pedestrian movement. Structures placed along designated walkways can force pedestrians into areas shared with vehicles, increasing the risk of accidents while undermining efforts to provide safer NMT corridors within the CBD.
For a city already struggling with congestion and limited pedestrian space, the occupation of walkways raises a broader question, how much public space can Nairobi afford to lose to commercial activity?
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County branding adds another layer
Another issue highlighted by Kwenya is the appearance of the structures. The containers and stalls have reportedly been painted in Nairobi City County’s official colours, creating the impression that they are county-owned or officially sanctioned.
If the structures turn out to be privately owned or unauthorised, the use of county colours raises questions about how the county protects its identity and prevents members of the public from being misled.
“These structures have been painted in the official Nairobi city county colour’s creating the public impression that they are sanctioned or owned by the county government. However persistent allegations on the ground suggest that these containers stalls may have been irregularly allocated or belong to private individuals or entities bypassing proper public participation or planning approvals,”
The MCA wants the county executive to explain why the structures carry the county colours and what action will be taken if they were not authorised to do so.
The matter has now been referred to the relevant county committees, including those responsible for trade, tourism and cooperatives, transport and public works, and lands and urban planning.
The Liaison Committee has indicated that a response will be provided within two weeks.
That response could help establish whether the structures were legally approved, who occupies them and how the space came to be used for commercial purposes.
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