A Nairobi court has placed a major setback on high-rise developments in Kileleshwa, mandating that buildings in the area must adhere to a strict 16-floor limit.
This ruling overturns previous approvals that allowed for taller buildings, stirring debate over urban planning and investment in Nairobi.
The Environment and Land Court found that Nairobi County had violated zoning regulations by approving structures that surpassed the 2021 Nairobi City Development Control Policy, which sets a 16-floor cap for developments in zone 4B.
Justice Oscar Angote emphasized the new limits: "The allowable height of all developments within zone 4B is 16 levels, with a maximum ground coverage of 75 percent."
This ruling immediately halts several high-rise projects that had been authorized for up to 22 floors, leaving developers who began construction under previous permits in limbo.
The case, brought forward by residents of Kileleshwa and Rhapta Road, argued that the county's approvals led to congestion and environmental degradation, turning once-residential neighborhoods into overcrowded, concrete jungles.
They contended that these actions violated zoning laws that were meant to protect the area’s character and sustainability.
In defense, Nairobi County argued that zoning policies had evolved over time and that the approvals were consistent with current planning guidelines.
NEMA (National Environment Management Authority) also defended its environmental licenses, claiming that the projects underwent thorough scrutiny, including public consultations and environmental risk assessments.
Despite these defenses, the court’s decision requires Nairobi County to enforce the zoning regulations, preventing future approvals that exceed the 16-floor cap.
Additionally, existing permits that violate these rules must be revisited and revised.
This ruling has sparked mixed reactions. Supporters praise the move for protecting the area's character and ensuring sustainable development, while critics warn that it could slow down investment in Nairobi’s real estate sector.
Developers fear the decision could create an artificial housing shortage in key locations like Kileleshwa.
As the Nairobi County Government weighs its options, including the possibility of an appeal, the ruling sets an important precedent for urban development across the city.
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