The Environment and Land Court has certified a petition filed by Busia Senator Okiya Omtatah challenging the Southlands Affordable Housing Project, directing Chief Justice Martha Koome to empanel a three-judge bench to hear the case.
In a ruling delivered on October 23, Justice Oscar Amuga Angote stated that the petition raises substantial constitutional and environmental questions warranting determination by a bench of at least three judges.
“The court is satisfied that the issues herein raise substantial questions of law as contemplated under Article 165(4) of the Constitution,” Justice Angote ruled. “Accordingly, the court directs that this petition be transmitted to the Chief Justice forthwith for the purpose of empanelling a bench of an uneven number of judges, not less than three.”
Senator Omtatah, in a statement on Tuesday, November 4, lauded the court’s decision as a victory for the rule of law and environmental justice.
“Development must be lawful, transparent, and sustainable,” he said.
Filed on July 30, 2025, after a groundbreaking ceremony in March, Omtatah’s petition seeks to halt the construction of the Southlands project, which reportedly involves 17-storey residential blocks with over 15,000 housing units.
The senator claims the project site lies within a road and rail buffer zone and that the development proceeded without sufficient public participation or proper environmental approvals. He further accused the National Environment Management Authority (NEMA) of failing to enforce compliance, noting that the agency merely advised developers to undertake an Environmental Impact Assessment (EIA) rather than halting construction.
However, the court declined to issue interim conservatory orders to stop ongoing works, citing an earlier ruling that had rejected similar requests.
The upcoming hearing before a three-judge bench is expected to address key constitutional, environmental, and procedural questions surrounding the government’s affordable housing initiative.
