Blow to Gov't as court stops construction of Southlands affordable housing project in Lang’ata

The Environment and Land Court has stopped construction of the government’s Southlands Affordable Housing Project in Lang’ata until fresh environmental approvals are secured and meaningful public participation is conducted.

In a judgment delivered on Friday, a three-judge bench partly allowed a petition challenging the project, finding that while petitioners had failed to prove the disputed land had been allocated for private use instead of public housing, the approval and implementation process fell short of constitutional and statutory requirements.

The judges dismissed claims that the land had been irregularly set aside for private development, saying no evidence had been presented to show it had originally been reserved for another public purpose or designated as a buffer zone.

“The petitioners’ contention that the land is not meant for affordable housing but for private use has not been established,” the bench ruled.

The court further found that although the petitioners had demonstrated they were residents affected by the project, they had not proved that their constitutional rights to housing and property had been violated.

However, the bench agreed that the respondents approved and began implementing the project without complying with environmental and legal safeguards.

“A declaration is hereby issued that the respondents, by approving and implementing the project without adherence to statutory and environmental safeguards, violated the Constitution and the Environmental Management and Coordination Act by failing to conduct a proper environmental impact assessment before commencing construction,” the court held.

The judges also found that there had not been adequate and meaningful public participation as required under the Constitution and that approval from all relevant lead agencies had not been properly obtained.

Consequently, the court quashed the NEMA licence issued in December 2025 and prohibited the government from proceeding with the project until it fully complies with the law.

The court directed that before any construction resumes, the respondents must undertake a fresh environmental and social impact assessment, conduct meaningful public participation and obtain all required approvals and licences.

The Southlands Affordable Housing Project, a multi-storey development under the government’s affordable housing programme in Lang’ata, has faced repeated legal challenges over environmental compliance and public participation.

The land has previously been the subject of disputes, including earlier demolitions of private homes during and after the construction of the Southern Bypass.