In a landmark ruling that charts the future of Kenya’s capital, the Court of Appeal has given Nairobi’s vertical growth a major green light, mandating that it must proceed under strict conditions of transparency, lawful planning, and public participation. The decision is a significant victory for Governor Johnson Sakaja’s administration and its vision for a modern, working metropolis.
The dispute began when residents of Rhapta Road challenged the approval of high-rise projects reaching up to 28 floors, arguing the city lacked a valid zoning framework. The appellate court’s judgment, delivered by a three-judge bench, has now provided crucial clarity on Nairobi’s complex planning laws.
The court determined that the outdated 2004 zoning guidelines are no longer binding, affirmed that the NIUPLAN 2016 is merely a strategic guide, and ruled that the county’s 2021 Development Control Policy can be used persuasively even before it is officially gazetted. Crucially, the court also corrected a lower court’s error, officially placing Rhapta Road in a zone with a 20-floor height ceiling, subject to infrastructure and environmental checks.
Most importantly, the court issued a structural order compelling City Hall to finalize and gazette updated zoning and development control regulations within six months, a process that must include robust public participation. The court will retain supervisory jurisdiction to ensure compliance. During this interim period, development approvals can continue under existing laws, with the 2021 policy serving as a guide, and all previously approved projects remain valid.
This ruling strikes a delicate balance, protecting investor confidence while safeguarding community rights and environmental concerns. It establishes three core pillars for Nairobi’s future growth: predictability, transparency, and infrastructure-linked capacity. For Governor Sakaja, the decision provides the legal authority and clarity needed to advance his “Let’s Make Nairobi Work” agenda and manage the city’s evolving skyline responsibly.
