Court of Appeal Clears Nairobi High-Rise Projects, Orders County to Finalize Zoning Framework
Nairobi’s skyline is about to get even taller after the Court of Appeal overturned a lower court decision that had capped building heights along Rhapta Road. The ruling delivered yesterday allows high-rise projects to continue while directing Nairobi City County to finalise and gazette a lawful zoning framework within six months.
The case was filed by Rhapta Road residents who had challenged approvals for 28 storey buildings. They argued that Nairobi City County and NEMA had issued approvals in contravention of the constitution and environmental regulations since there was no updated zoning policy.
In January, the Environment and Land Court had ruled in favour of the residents limiting new projects to 16 storey and faulting the approvals. But the developers and the county appealed and now the Court of Appeal has reversed the decision.
Court clarifies zoning limits
In its ruling, the appellate court ruled that the 2004 zoning guidelines are no longer valid under Kenya’s current planning laws. Instead, the judges found that Rhapta Road falls under Zone 3C which allows 20 storey buildings not Zone 4 as earlier stated.
The court also faulted the lower court for using Google Maps as evidence instead of official planning documents. While noting that the 2021 Draft Development Control Policy was developed through public consultation, the judges said it has no legal effect until it is approved by the County Assembly and formally gazetted.
“Nairobi’s skyline may rise but planning must be rooted in law, evidence, capacity and fairness” the bench said.
County to act
Recognising the policy vacuum, the Court of Appeal directed Nairobi City County to complete and publish updated zoning and development control instruments within six months. The county will also be required to file a progress report at the halfway mark and invite civic stakeholders to give feedback.
Governor Johnson Sakaja who has been pushing for structured urban growth is expected to use the ruling to advance his administration’s modernisation agenda. The decision gives his government an opportunity to build investor confidence while ensuring infrastructure, environmental standards and community rights are protected.
Key constitutional principles
The judgment highlighted three principles to guide urban development in Nairobi:
- Predictability through clear and enforceable plans.
- Transparency by publishing standards and public participation.
- Capacity-linked growth to ensure approvals match infrastructure and environmental realities.The court also said approvals already issued and implemented will stand unless proven unlawful so ongoing projects will not be cancelled or demolished.
For residents, this means Nairobi can rise but only within the boundaries of lawful, transparent and sustainable planning.
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Court of Appeal Clears Nairobi High-Rise Projects, Orders County to Finalize Zoning Framework