Athletes move to court over plans to convert stadium into market
A group of athletes, among them retired sprinter and middle-distance runner Tecla Chemabwai Sang, has moved to court seeking orders to quash plans by Nandi County government to demolish Kipchoge Keino Stadium in Kapsabet, so as to make way for an ultra-modern market and a housing project.
The sportspersons, among them retired and active athletes, claim that the plans are unlawful because the same were opposed by stakeholders and local residents in a public participation forum held in December 2024.
“In a Constitutional democracy like Kenya, the respondents were required to abandon the plans to change the user of Kipchoge Stadium upon the residents expressing overwhelming disapproval of the same during the limited public participation exercise undertaken by the second respondent (County Assembly of Nandi),” the group’s lawyer Kibe Mungai said in court papers.
The group has named the county government, county assembly, the Cabinet Secretary in the Ministry of Lands and Housing, the National Land Commission, and the Attorney-General as respondents in the petition.
They argue that the stadium is a national sports monument and a hallowed sporting ground for the people of North Rift region and Kenyans generally, “who have not given their consent or approval to the planned demolition and relocation of this historical stadium”.
“To the extent that the people of Nandi County were involved in some inadequate and centralised public participation event, they unanimously opposed the planned demolition and relocation of Kipchoge Stadium,” lawyer Mungai said in court papers.
The petition filed at the High Court in Eldoret has since been certified urgent by Justice Patrick Otieno, and the respondents are in the process of filing responses to the suit as directed by the judge on Friday.
The petitioners include Tecla Chemabwai Sang, Sammy Kiplagat, Koskei, Fredrick Kiptanui, Fatwel Kimaiyo, Wilson Cheseret, Vivian Biwott, Fred Kipkemboi, Paul Koriri, Catherine Kirui, John Yego and Bill (William) Koskei.
The contested conversion is part of the Kapsabet Municipality Master Plan whose aim is to expand Kapsabet’s Central Business District (CBD) and the implementation of National Government development programs such as the construction of residential housing units and a modern market.
It is the petitioners’ case that the planned changes are against both public and national interests, adding that the stadium is a “cultural heritage of the Nandi people and a significant venue for national and cultural expression in the field of sports and national celebrations”.
Court papers show that the county assembly’s committee on land, environment and natural resources approved the change of user of the iconic sports facility in January 2025, paving way for the demolition and it’s relocation to the showground land.
The facility formally known as Kapsabet (Kipchoge) Stadium was established in 1970s and upgraded in 2016 by the national government at a cost of Sh295.4 million to promote sports and social cultural welfare as envisaged in the Constitution.
“There is no lawful cause, reasonable grounds or justification for the planned demolition and relocation of Kipchoge Stadium to showground land.
“The Petitioners are convinced that the planned demolition of the stadium and relocation is actuated by ulterior motives namely the grabbing of prime land within Kapsabet town under the guise of construction of a modern market,” alleges the lawyer.
The petitioners contend that the plans by the governor Stephen Sang-led administration amounts to unadulterated wastage of public resources and unreasonable expenditure of public money.
Considering that athletics is a major source of employment and economic well-being of the youth in the region, the lawyer says the planned demolition and relocation of the stadium amounts to violation of the State’s duty to ensure that the youth have access to employment.
“The impugned decisions, actions and omissions of the respondents in respect of the planned demolition and relocation of Kipchoge Stadium are discriminatory and deprive the athletic sports stakeholders, the Nandi community and residents of the North Rift of their right to protection of law,” maintains Mr Mungai.
Pending the hearing and determination of the petition, they have applied for conservatory court orders halting the county government from implementing the planned changes.
The court papers show that the county government’s plan include relocation of the modern market site to the stadium to occupy 8.7 acres while the current market site be converted for both car park and matatu/bus park.
The proposal is also for all sporting activities to be undertaken at Eliud Kipchoge sports complex land measuring 25 acres and the remaining showground land (16 acres) to be utilized for construction of affordable houses.
But the petitioners argued that the development would lead to unjustified expenditure of public funds since over the years taxpayers’ money was spent to develop and refurbish the stadium.
“Given the fact that a stadium occupies a green space in a largely natural form, the environment and aesthetics of Kapsabet town will be adversely affected by the impugned change of use to pave way for affordable housing, expansion of a bus stage construction of a modern market and other socio-economic activities thereby endangering the environment,” they contend.
The County Government has previously stated that the redevelopment plan aims to boost urban growth and create jobs, though formal responses to the lawsuit are pending.
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