The decision comes after residents sued the county government and private developers for violating zoning regulations.
A court has stopped the construction of eight high-rise developments in Kileleshwa Ward after residents sued the county government and private developers for violating zoning regulations.
In a landmark decision that handed residents a right to a clean and healthy environment, Justice Oscar Angote of the Environmental and Lands Court said development approvals granted by the Nairobi City County Government violated existing zoning provisions that cap the number of floors at 16.
“A declaration be and is hereby issued that the approvals for development permissions granted by the Nairobi City County and the County Planning office with respect to the properties registered in the names of the 6th to 20th Respondents, in so far as the number floors is concerned, were granted in violation of the zoning provisions set by the Nairobi City County,” Justice Angote said in a judgment delivered on January 23, 2025.
The court also allowed conditional continuation of the developments by two of the developers Mawa Development Company Limited and Medina Palm Development Limited on condition that they limit the number of floors to 16 in accordance with the zoning regulations.
The developments were almost complete.
Justice Angote also ruled that developers must ensure they comply with all environmental impact assessment (EIA) conditions to mitigate negative effects on the neighbourhood.
The Nairobi City County government was also urged to ensure strict adherence to zoning regulations when issuing development approvals.
Kileleshwa Ward Representative Robert Alai hailed the court ruling and insisted that he would ensure enforcement to protect the residents.
“The court’s decision sets a strong precedent for responsible urban planning and upholds the rights of residents to a clean, orderly, and well-regulated environment. As Kileleshwa MCA, I will ensure that Nairobi City County strictly adheres to this ruling. All development projects must now align with zoning laws,” Mr Alai said.
The case was filed by Rhapta Residents Association on August 12, 2024, who expressed their concern that the developments were not in line with the Nairobi Integrated Urban Development Master Plan.
They also argued that the construction of the high-rise developments would put a strain on the existing road, water, sewerage, traffic, garbage collection facilities and related infrastructure.
“It is the Petitioner’s position that the road, water, sewerage, traffic, garbage collection facilities and all related infrastructure in place in the area around Rhapta and in larger parts of the Nairobi City County have not been improved in any material manner since 2016 when the NIUPLAN was approved by the Nairobi County Assembly,” read the petition.
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They had sued the Nairobi City County government and the National Environmental Management Authority (NEMA).
The county government argued that zoning policies have evolved over time and maintained that its approvals followed due process and were aligned with current planning frameworks. NEMA also defended its issuance of approvals insisting that all applications went through “rigorous scrutiny” including public participation and environmental risk assessments
Some of the developments had received approvals of construction by the county government for up to 22 floors.
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They include developments by Wimax Homes Limited (19 floors of 187 units), Hale End Properties Limited (20 floors of 419 units), Narendra Kalvan Patel (18 Floors of 187 units), Sky Valley Ventures Kenya Co Ltd (17 floors of 136 units), Wimax Homes Limited (18 floors of 187 units).
Others include Patterson Investments Limited (4 Basements, ground plus 19 floors), Rhapta Road Plaza Limited (18 floors of 216 units), developments on Lovi Ventures Kenya Company Limited (19 floors of 420 units), Palm Development Limited (22 floors of 252 units), Averdung and Folker Averdung (15 floors).
