By Joyce Nzomo
The Court of Appeal has delivered a landmark ruling on Nairobi’s zoning and development controls, directing the County Government to finalize and gazette proper planning instruments within six months.
The case, filed by residents of Rhapta Road, challenged approvals for high-rise buildings some as tall as 28 floors granted by Nairobi City County and licensed by the National Environment Management Authority (NEMA).
The residents argued that without a valid zoning framework, the approvals violated the Constitution and environmental rights.
In its judgment on 19th September 2025, a three-judge bench of Justices Daniel Musinga, Joel Ngugi, and George Odunga clarified the status of the city’s planning laws.
The judges ruled that the 2004 zoning guidelines are obsolete, the 2016 Nairobi Integrated Urban Development Master Plan (NIUPLAN) is only strategic and not parcel- specific, and the 2021 Development Control Policy though widely used has no legal force until formally approved and gazetted by the County Assembly.
The Court also corrected an error by the Environment and Land Court, confirming that Rhapta Road falls within Zone 3C, not Zone 4 as earlier held.
This means developments along the road can go up to 20 floors, subject to technical constraints such as infrastructure capacity, site coverage, and environmental standards.
Most notably, the Court issued a structural interdict, requiring Nairobi County to;
- Complete and gazette new zoning and development control policies within six months
- File an interim report in three months
- Submit a final compliance report, including public participation records, within seven
days after the six-month deadline.
During this transition period, applications will continue to be processed under the Physical and Land Use Planning Act (PLUPA) and guided by the 2021 Development Control Policy, while already approved projects remain valid unless proven unlawful.
The judges stressed that Nairobi’s urban growth must be anchored in predictable, transparent, and capacity-linked planning, warning that unchecked high-rise development could result in environmental harm and loss of public trust.
“The skyline may rise,” the Court noted, “but planning must be rooted in law, evidence,
capacity, and fairness.”
