Boost for Nairobi County Gov't as Court allows high-rise buildings under lawful, transparent plan

The Nairobi City County Government has received a boost after the Court of Appeal allowed the city’s vertical growth must proceed under lawful, transparent, and participatory planning frameworks.

The landmark ruling was issued following a petition by residents of Rhapta Road challenging a cluster of high-rise development approvals, some reaching 28 floors, issued by Nairobi City County and licensed by the National Environment Management Authority (NEMA).

The residents had argued that, in the absence of an updated zoning framework, the approvals violated the Constitution, planning statutes, and environmental rights.

The developers and county authorities countered that the approvals were consistent with Nairobi’s transition to modern planning instruments and followed due process.

“In brief: Nairobi’s skyline may rise, but planning must be rooted in law, evidence, capacity and fairness,” reads the court documents.

Nairobi Governor Johnson Sakaja has consistently championed structured urban growth, with the ruling empowering his administration to deliver a modern skyline while safeguarding infrastructure, community rights, and investor confidence.

In January 2025, the Environment and Land Court Justice Angote held that the approvals were misaligned with the operative zoning regime. Relying on the (Draft) 2021 Nairobi City Development Control Policy, the court imposed an interim cap of 16 floors and directed compliance with that policy going forward.

Dissatisfied, the residents appealed, seeking stronger remedies such as cancellation and demolition, while a developer cross-appealed, insisting Rhapta Road was wrongly categorized as Zone 4 instead of Zone 3C, which allows taller buildings.

The Court of Appeal clarified the standing of Nairobi’s planning instruments. The 2004 zoning guidelines have no binding force under the Constitution and the Physical and Land Use Planning Act (PLUPA). The Nairobi Integrated Urban Development Master Plan (NIUPLAN) 2016 remains valid and approved by the County Assembly but is strategic in nature, offering citywide direction without parcel-specific zoning rules.

The 2021 Development Control Policy, though prepared with technical input and public consultation, is not yet law since it lacks County Assembly approval and gazettement.

It may guide administration persuasively but cannot substitute for binding regulation.

On the zoning of Rhapta Road, the Court corrected the lower court, holding that the road properly falls within Zone 3C, with a 20-floor ceiling subject to technical and environmental constraints.

It faulted the Environment and Land Court for relying on Google Maps instead of documentary evidence.

Recognizing a long-standing policy vacuum, the Court issued structural relief to compel lawful plan-making. Nairobi City County has six months to complete and gazette zoning and development control instruments, with interim reporting at three months and a final compliance report a week after the deadline. Civic stakeholders must be given access to the reports and a chance to comment.

The court added that Approvals already lawfully issued and acted upon remain valid unless proven unlawful.

The judgment emphasizes three constitutional imperatives, predictability through codified and enforceable plans; transparency through published standards and genuine public participation; and capacity-linked growth, ensuring approvals align with infrastructure and cumulative environmental impacts.

This means that Nairobi’s skyline may continue to rise, but only on the foundation of lawful, transparent, and capacity-conscious planning.