By Andrew Kariuki
The Environment and Land Court has temporarily halted construction of the government’s Southlands Affordable Housing Project in Lang’ata, ruling that the development cannot proceed until fresh environmental approvals are secured and meaningful public participation is conducted.
In a judgment delivered on Friday, a three-judge bench partly allowed a petition challenging the project, finding that although the petitioners failed to prove claims that the disputed land had been irregularly allocated for private use instead of public housing, the process leading to the project’s approval and implementation fell short of constitutional and statutory requirements.
The judges dismissed allegations that the land had been set aside for private development or designated for another public purpose, saying no sufficient evidence had been placed before the court to support such claims.
“The petitioners’ contention that the land is not meant for affordable housing but for private use has not been established,” the bench ruled.
However, the court faulted the respondents for proceeding with the project without adhering to key legal and environmental safeguards, including conducting a proper Environmental Impact Assessment (EIA) before construction commenced.
“A declaration is hereby issued that the respondents, by approving and implementing the project without adherence to statutory and environmental safeguards, violated the Constitution and the Environmental Management and Coordination Act by failing to conduct a proper environmental impact assessment before commencing construction,” the judges held.
The court further found that there had not been adequate and meaningful public participation as required under the Constitution and that approvals from relevant lead agencies had not been properly obtained before implementation began.
While the petitioners argued that the project violated their constitutional rights to housing and property, the court held that there was insufficient evidence to establish such violations despite acknowledging that they were residents directly affected by the development.
As part of the orders issued, the court quashed the licence granted by the National Environment Management Authority (NEMA) in December 2025 and barred the government from continuing with the project until full legal compliance is achieved.
The bench directed the respondents to undertake a fresh environmental and social impact assessment, facilitate meaningful public participation and secure all required approvals and licences before any construction resumes.
The Southlands Affordable Housing Project, a multi-storey housing development under the government’s affordable housing programme in Lang’ata, has faced sustained opposition and legal scrutiny over concerns surrounding environmental compliance, transparency and public consultation.
The land has also been at the centre of past disputes, including demolitions linked to the construction of the Southern Bypass, further fueling concerns among residents over land use and planning in the area.
