A Nairobi court has ruled that high-rise developments in Kileleshwa and its surrounding areas must adhere to a strict 16-floor limit, overturning multiple approvals issued for taller structures.
The Environment and Land Court determined that the Nairobi County government had violated zoning regulations by allowing developers to exceed the height restrictions set in the 2021 Nairobi City Development Control Policy.
Justice Oscar Angote ruled, "The allowable height of all developments within zone 4B is 16 levels, with a maximum ground coverage of 75 percent."
The judgment abruptly halted several ongoing high-rise projects, some of which had received approvals for up to 22 floors. Developers who had commenced construction based on prior permits now face uncertainty.
"This court is cognizant of the costs that might have been incurred by the respondents who had commenced the said constructions and the effect of the demolitions of the same," the judge acknowledged.
The case, filed by residents of Rhapta Road and Kileleshwa, argued that the Nairobi County government had failed to uphold urban planning policies, leading to congestion and environmental degradation.
They contended that permitting excessive high-rises had turned residential areas into overcrowded concrete jungles, contrary to established zoning laws.
The respondents in the petition included the Nairobi County Government, the National Environment Management Authority (NEMA), and multiple property developers whose permits were under scrutiny.
In their defence against the petition, Nairobi County argued that zoning policies had evolved over time and maintained that its approvals followed due process and were aligned with current planning frameworks.
On the other hand, NEMA defended its issuance of Environmental Impact Assessment (EIA) licenses to developers, saying "All applications underwent rigorous scrutiny, including public participation and environmental risk assessments."
Veronicah Kimutai, a senior environmental compliance officer, further told the court that mitigation measures were in place to address concerns raised by residents.
The court's decision mandates the Nairobi County government to enforce the zoning regulations and ensure no future approvals exceed the prescribed 16-floor limit. It also directs authorities to review existing permits that breach the regulation.
The ruling now places the burden on these entities to ensure compliance with Nairobi’s zoning laws, setting a precedent for future development approvals.
However, critics argue the decision could slow investment in the city’s property sector. Property developers warn that limiting high-rise construction might deter investors and lead to an artificial housing shortage in prime areas like Kileleshwa.
The Nairobi County Government, a key respondent in the case, has yet to announce whether it will appeal the ruling. The administration now must reassess past approvals, ensure compliance with zoning laws, and manage investor concerns.
