BUNGOMA, Kenya-The Environment and Land Court in Bungoma has ordered the restoration of land reserved for Kanduyi Airstrip after declaring a proposed Sh5.02 billion affordable housing project unconstitutional.
Justice K. Bor ruled on October 8 that Bungoma Township/345, measuring about 36.95 acres, is public land reserved for aviation.
The court ordered the respondents to restore the site to its condition before the project began, at their own cost, within 45 days.
The planned Kanduyi Airstrip Smart City project was to include 2,034 housing units and social amenities.
The court also declared the project’s tender process unconstitutional and permanently restrained the respondents from developing, rezoning, leasing or transferring the land for uses inconsistent with its designated purpose.
The ruling followed three consolidated petitions, including cases filed by Barasa Nyukuri and Francis Simiyu Tome.
The petitioners challenged the conversion of the airstrip land for housing, arguing that the project proceeded without a lawful change of user, adequate public participation and compliance with environmental and planning laws.
Court cites late public participation
The court found that a public participation meeting held on January 14, 2026, came after the tender had been advertised and the construction contract signed on September 12, 2025.
It said the respondents had not shown that meaningful public participation took place before key project decisions were made.
The judge held that public participation could not be conducted after the event to legitimise a process that had already advanced.
The court also found that the respondents had not demonstrated that the land’s use had been lawfully changed.
It ruled that the project required an environmental impact assessment study because it involved more than 2,000 housing units, but the respondents did not provide evidence that the assessment had been undertaken.
The judgment found that the approvals and actions violated constitutional requirements on public participation, environmental protection and the management of public land.
Agencies ordered to act
The court directed the National Land Commission to secure, protect and manage the airstrip land in line with the Constitution and land laws. It also ordered an environmental planning and land-use audit within 45 days.
The Kenya Airports Authority and the National Land Commission were given 14 days to establish whether seven other parcels formed part of land reserved for Kanduyi Airstrip.
The court said its orders would apply to those parcels if they are found to be part of the airstrip.
The court awarded the petitioners the costs of the cases, to be paid by the respondents.
The ruling did not reject the affordable housing programme generally.
It held that the Kanduyi project could not proceed on the disputed public land without a lawful change of user, meaningful public participation and compliance with environmental and planning requirements.
