Court Orders Nairobi to Publish High-Rise Zoning Rules Within Six Months

Nairobi, Kenya — 2025-09-18 22:00 EAT. The Court of Appeal has directed Nairobi County to develop and publish clear zoning and development control regulations for high-rise buildings within six months, ending years of policy confusion that has fueled disputes between developers and residents.

The Latest

• The court found that Nairobi has been operating in a policy vacuum since the 2004 zoning guidelines expired and the 2021 policy remained unapproved.

• Governor Johnson Sakaja must submit interim reports and a final compliance report within six months or face further judicial action.

• Existing building approvals remain valid unless proven illegal by due process.

Context in Brief

• The case arose from a dispute by Rhapta Road residents opposing high-rise buildings in their neighborhood.

• Courts ruled the area falls under Zone 3C, permitting up to 20-storey buildings if conditions like parking, setbacks, and infrastructure are met.

• Rapid urbanisation in Nairobi has triggered multiple lawsuits over unregulated vertical growth and its impact on infrastructure and the environment.

Voices and Stakeholders

• Court of Appeal Judges:

  “Future vertical growth in Nairobi must be guided by lawful, participatory regulations.” (Judgment excerpt, 2025-09-18)

• Urban Planners Association:

  “Clear zoning rules will give investors and residents certainty, but the county must consult widely to avoid future litigation.” (Press briefing, 2025-09-18)

• Residents’ Association Representative:

  “We welcome the ruling but want environmental sustainability prioritized.” (Media interview, 2025-09-18)

Evidence & Data

• Zone 3C standards: Up to 20 storeys, strict parking and setback requirements.

• Policy lapse: 2004 rules expired; 2021 draft pending approval.

• Litigation trend: Over a dozen court cases filed since 2021 on zoning disputes (Urban Planning Institute data).

Risks and Implications

• Legal risk: Failure to act could invite contempt proceedings against the county.

• Urban planning: Clarified rules may accelerate real estate investment but also trigger land speculation.

• Infrastructure pressure: High-rises without matching sewer, water, and traffic capacity could strain city services.

What We Don’t Know

• Whether Nairobi County will meet the six-month deadline.

• If public participation will be robust enough to avoid further disputes.

• How the county will enforce temporary zoning rules during the transition.

Timeline

• 2004: Nairobi zoning guidelines published.

• 2021: New policy drafted but not approved.

• 2025-09-18: Court orders six-month deadline for new rules.

What to Watch

• County’s interim reports to the court.

• Stakeholder forums on zoning policy.

• Any appeals or additional litigation by developers or residents.