The Court of Appeal has handed Nairobi Governor Johnson Sakaja’s administration a major boost after affirming that the city’s vertical growth must proceed under transparent, lawful, and participatory planning rules.
In a judgment delivered Friday by Justices Daniel Musinga, Joel Ngugi, and George Odunga in Civil Appeal No. E160 of 2025: Claire Kubochi Anami & 2 Others -vs- CECM, Built Environment, Nairobi County & 21 Others.
The case was filed by residents of Rhapta Road challenging approvals for high-rise projects of up to 28 floors, which they argued were unlawful without a valid zoning framework.
The dispute arose from approvals granted for high-rise projects of up to 28 floors, which residents argued were unlawful without a valid zoning framework.
The appellate judges clarified the status of Nairobi’s planning instruments.
They held that the 2004 zoning guidelines no longer bind the county, the Nairobi Integrated Urban Development Master Plan (NIUPLAN 2016) is only a strategic guide, and the 2021 Nairobi City County Development Control Policy, though not yet gazette, can be used persuasively until it is formally adopted.
The court also corrected what it described as a factual error by the Environment and Land Court, finding that Rhapta Road falls within Zone 3C, not Zone 4, and is associated with a 20-floor height ceiling, subject to infrastructure and environmental constraints.
Most significantly, the Court issued a structural order requiring City Hall to complete and gazette updated zoning and development control instruments within six months, with interim reporting at three months.
The process must include public participation, with the court retaining supervisory jurisdiction to ensure compliance.
During this period, approvals will continue under existing laws and administrative guidance, with the 2021 policy serving as an interpretive tool.
Already approved projects remain valid unless shown to be unlawful.
The ruling balances investor confidence with environmental protection and community rights.
It also entrenches three constitutional imperatives for Nairobi’s future growth: predictability, transparency, and infrastructure-linked capacity.
For Governor Sakaja, who has campaigned on orderly development under his “Let’s Make Nairobi Work” agenda, the decision provides both clarity and authority to manage Nairobi’s skyline.
by BOSCO MARITA
