A has imposed a 16-floor maximum height limit on high-rise developments in Kileleshwa and adjacent areas, thus nullifying many previously granted permits for taller structures.
While delivering the ruling at the Nairobi Environment and Land Court, Justice Oscar Angote, highlighted a violation of zoning regulations outlined in the 2021 Nairobi City Development Control Policy by the Nairobi County government which allowed constructions that exceeded this height restriction.
Justice Angote says that all developments within Zone 4B must strictly conform to the established 16-level cap and a maximum ground coverage of 75 percent.
The ruling has put a halt on several ongoing construction projects in the area with some developers having previously been okayed to construct up to 22 floors.
“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,” Justice Angote said
The ruling follows several complaints by residents of Raphta Road and Kileleshwa who accused the county government of neglecting urban planning principles, leading to increased congestion and environmental hazards. Respondents in the lawsuit included the Nairobi County Government, the National Environment Management Authority (NEMA), and various property developers affected by the permits in question.
The Nairobi County Government however defended itself saying that zoning policies have evolved, insisting that their approvals followed the due process in line with current planning frameworks.
NEMA also maintained that all Environmental Impact Assessment licenses issued to the said developers underwent comprehensive reviews and even public participation.
“All applications underwent rigorous scrutiny, including public participation and environmental risk assessments.”
Veronicah Kimutai, a senior compliance officer at NEMA, reassured the court that adequate mitigation measures were in place to address the concerns of residents.
The ruling now places the burden on these entities to ensure compliance with Nairobi’s zoning laws, setting a precedent for future development approvals.