Kileleshwa Residents Rejoice as Court Declares Naming of Atwoli Road Unconstitutional

Residents of Dik Dik Gardens in Kileleshwa, Nairobi, have recently regained the original name and signage of their road, following a court ruling that invalidated the decision to rename it after Francis Atwoli, the secretary-general of the Central Organisation of Trade Unions (Cotu).

High Court judge Anthony Mrima deems the Nairobi County government's decision in May 2021 to rename the road after the COTU boss unconstitutional. The judge emphasizes that the county's actions violated constitutional principles by neglecting to engage stakeholders and ensure public participation, as outlined in Articles 10(2), 174, and 232(1)(d) and (h). Represented by Arnold Kipkoti, Adrian Kanchoro Mulata, and Anuj Rajani, the residents took the matter to court, challenging the county's unilateral decision.

The legal battle unfolds with residents conveying their opinions on the controversial road renaming. In June 2021, an act of protest saw the Atwoli road sign set ablaze, though it was promptly restored. However, the sign has been conspicuously absent since September 2023 after a court ruling that declared it illegal.

According to the court proceedings, it is revealed that Atwoli, a property owner in the estate, was cognizant that residents collectively referred to the road as Dik Dik Road. The Nairobi County, in response, had opposed the case and sought its dismissal. Eric Abwao Odhiambo, the Acting County Solicitor for the Nairobi City County Government, argued in an affidavit that involving the public in the road's renaming process was practically impossible.

Conversely, Atwoli contended that he was unaware of any obligation for the Nairobi City County Government to publish proposed road name changes in the Kenya Gazette. He explained that he accepted the county's invitation to rename Dik Dik Road after himself in recognition of his extensive and distinguished service in the labour industry. Urging the court to dismiss the lawsuit, Atwoli maintained that he simply followed the county government's internal procedure for renaming the road, a process falling under its sole jurisdiction.