NAIROBI, Kenya — Nairobi’s skyline is set to keep rising after the Court of Appeal cleared the way for high-rise developments, but the county government has been ordered to urgently complete and gazette a lawful zoning framework within six months.
The ruling followed a petition by residents of Rhapta Road, who challenged approvals for towers of up to 28 floors granted by Nairobi City County and licensed by the National Environment Management Authority (NEMA).
The residents argued the projects violated the Constitution and environmental rights in the absence of an updated zoning regime.
In January, the Environment and Land Court sided with the residents, capping new buildings at 16 floors and faulting the approvals for being inconsistent with current zoning rules. But both the county government and developers appealed.
On Thursday, the appellate court overturned that decision, clarifying that the 2004 zoning guidelines cited by the residents no longer have binding force under the Constitution and the Physical and Land Use Planning Act.
It also ruled that Rhapta Road falls under Zone 3C, which permits buildings of up to 20 floors, not Zone 4 as earlier determined.
The judges criticized the lower court for relying on Google Maps instead of planning documents, and emphasized that while the 2021 Draft Development Control Policy was developed through public consultations, it has no legal effect until approved by the County Assembly and gazetted.
“Nairobi’s skyline may rise, but planning must be rooted in law, evidence, capacity, and fairness,” the court noted in its judgment.
The court, however, recognized the policy vacuum and ordered Nairobi City County to finalize and publish updated zoning and development control instruments within six months.
The county must submit progress reports at the three-month mark and invite civic stakeholders to review and comment.
Governor Johnson Sakaja, who has been vocal about structured urban growth, is expected to lean on the ruling to push his administration’s modernization agenda.
The decision allows his government to encourage investor confidence while also safeguarding infrastructure, community rights, and environmental limits.
The judgment also stressed three constitutional principles:
- Predictability through clear and enforceable plans.
- Transparency via published standards and genuine public participation.
- Capacity-linked growth to ensure approvals match infrastructure and environmental realities.
Approvals already lawfully issued and acted upon will remain valid unless proven unlawful, shielding ongoing projects from cancellation or demolition.
For Nairobi’s residents, the verdict underscores a delicate balance: the city may build upwards, but only within the guardrails of lawful, participatory, and sustainable planning.
