NAIROBI, Kenya — The High Court has issued conservatory orders halting the construction of the Southlands Affordable Housing Project in Lang’ata, dealing a significant setback to the government’s flagship affordable housing agenda and intensifying scrutiny over compliance with constitutional and environmental safeguards.
In a ruling delivered by Justice Charles Mbogo, the court ordered an immediate halt to all ongoing works on the project pending the determination of a substantive motion challenging its legality. The orders apply to social housing and associated infrastructure under Contract No. MLPWHUD/SDHUD/SUD/382/2023-2024—Lots 1 to 5—popularly known as the Southlands Affordable Housing Project.
“Pending the ruling of this court in respect of the Petitioner’s Notice of Motion dated July 4, 2025, a conservatory order is hereby granted staying the ongoing construction of social housing and associated infrastructure in Southlands, Lang’ata Constituency,” Justice Mbogo ruled.
The court also set strict timelines to fast-track the matter. The 1st to 7th respondents were directed to file and serve further affidavits and submissions within 14 days, while the 8th respondent must file submissions within the same period. Petitioners and interested parties were granted 14 days after service to file replies.
The case was filed amid concerns over land-use planning, environmental compliance and public participation, with petitioners arguing that the project proceeded without meeting constitutional and statutory thresholds. The ruling temporarily freezes construction activities as the court weighs those claims.
Reacting to the decision, Busia Senator Okiya Omtatah, who has been associated with constitutional litigation around public projects, said the orders reaffirm the rule of law in development planning. “This ruling reaffirms a fundamental principle of our Constitution: that development must be lawful, transparent, participatory, and respectful of land-use planning and environmental safeguards,” Omtatah said.
While acknowledging the importance of affordable housing, Omtatah cautioned against bypassing legal processes. “Affordable housing is a legitimate and necessary public objective.
However, it cannot be pursued through shortcuts, opacity, or in violation of the law. The Constitution does not permit ends to justify unlawful means,” he added.
The ruling comes against a backdrop of heightened tensions in Lang’ata, where residents have raised concerns over evictions linked to the project. Last week, Lang’ata MP Phelix Odiwuor, popularly known as Jalang’o, led residents of Soweto Zone B in a protest, petitioning the Ministry of Housing to halt relocations until consultations are concluded.
In a statement following the protest, Jalang’o said talks with government officials yielded an agreement to pause evictions. “We agreed that the planned eviction will be halted until proper public participation is conducted and all the issues raised by residents are fully addressed,” he said.
The Southlands project is part of the national affordable housing programme championed by President William Ruto’s administration, which aims to deliver thousands of low-cost housing units in urban centres. However, the court’s intervention underscores the growing legal and civic scrutiny facing large-scale public developments.
As the case proceeds, the ruling places the spotlight on how the government balances rapid delivery of housing with constitutional requirements on land, environment and public participation—issues likely to shape the future trajectory of the affordable housing agenda.
