Busia Senator Okiya Omtatah has celebrated the environment court ruling on his petition seeking to halt the Southlands Affordable Housing Project in Lang'ata, Nairobi.
The senator, on Tuesday, November 4, relayed that the court has certified his petition by directing Chief Justice Martha Koome to empanel a three-judge bench to hear it.
"The Environment & Land Court has certified my petition on the Southlands Affordable Housing Project for hearing by a 3-judge bench," Omtatah shared.
"This is a victory for the rule of law, environmental justice & public accountability. Development must be lawful, transparent & sustainable."
Filed on July 30 after a groundbreaking ceremony on March 13, the petition sought to halt the construction, citing alleged legal and environmental violations.
In a ruling delivered on October 23, Justice Oscar Amuga Angote had certified that the petition raised substantial issues that needed to be heard in court by a judge bench of an uneven number.
"In the end, the court is satisfied that the issues herein raise substantial questions of law as contemplated under Article 165(4) of the Constitution as to justify the empanelling of a bench of an uneven number of Judges of this court, of not less than three, assigned by the Chief Justice. The court so certifies," the ruling read in part.
"Accordingly, the court directs that this Petition be transmitted to the Hon. the Chief Justice forthwith for the purpose of empanelling a bench of an uneven number of Judges of this court of not less than three."
The petition had been filed under the certificate of urgency seeking to halt the ongoing construction of the project, which Omtatah claimed included building 17-storey residential blocks comprising over 15,000 housing units.
He claimed that the land on which it was being built had been designated a road and rail buffer zone, and that public participation had been insufficient.
Furthermore, he claimed that the government had not obtained the legally required environmental and social impact assessments.
He criticised the National Environment Management Authority (NEMA) for failing in its oversight role, stating that while NEMA acknowledged that the project had not undergone an Environmental Impact Assessment (EIA), it merely 'advised' the developers to comply rather than halting construction.
However, in the latest ruling, the court declined to issue interim conservatory orders to stop construction until the petition is heard. The court stated that a prior court ruling had already declined to issue the orders, and that the latest motion had not called for a review.
"It is also noted that the Motion seeks vide prayer III, interim conservatory orders. However, the record shows that on 30th July, 2025, the court (Mbogo J) declined to issue ex-parte interim conservatory orders which had been sought vide the Motion of 4th July, 2025. The court cannot reconsider this issue in view of the fact that there is no prayer for review of the said orders," the ruling read.
