Nairobi Land Court Freezes Kileleshwa High-Rise Projects, Mandates 16-Floor Maximum

The Nairobi Environment and Land Court has imposed a 16-floor maximum height limit on high-rise developments in Kileleshwa and adjacent areas, effectively nullifying many previously granted permits for taller structures.

This ruling, delivered by Justice Oscar Angote, highlights a violation of zoning regulations outlined in the 2021 Nairobi City Development Control Policy by the Nairobi County government, which allowed constructions that exceeded this height restriction. Justice Angote says that all developments within Zone 4B must strictly conform to the established 16-level cap and a maximum ground coverage of 75 percent.

The court's ruling immediately halts several ongoing construction projects, with some developers having received approvals for as many as 22 floors, thereby placing them in a precarious position as they navigate this unexpected regulatory shift. The case was initiated by local residents of Rhapta Road and Kileleshwa, who claimed that the county government neglected urban planning principles, resulting in increased congestion and environmental harm.

They contended that authorizing high-rise buildings in violation of established zoning laws had turned once-residential neighbourhoods into densely packed urban environments. Respondents in the lawsuit included the Nairobi County Government, the National Environment Management Authority (NEMA), and various property developers affected by the permits in question.

In its defence, the Nairobi County Government maintained that zoning policies have evolved, asserting that their approvals followed the due process in line with current planning frameworks. NEMA, for its part, affirmed that all Environmental Impact Assessment (EIA) licenses issued to developers underwent comprehensive reviews, including public participation and assessments of environmental risks.

Veronicah Kimutai, a senior compliance officer at NEMA, reassured the court that adequate mitigation measures were in place to address the concerns of residents. The ruling compels the Nairobi County government to rigorously enforce zoning regulations and reassess existing permits that exceed the newly mandated 16-floor limit.

Critics of the decision caution that these stringent regulations may hinder investment in Nairobi's real estate market, with developers warning of potential repercussions that could lead to an artificial housing shortage in prime locations like Kileleshwa.