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Resident associations are increasingly challenging real estate developments in Kenya, often leading to project delays and revisions due to concerns over zoning, infrastructure, and public participation. This trend highlights a growing demand for structured engagement between developers and communities.
Resident associations across Kenya are emerging as formidable forces in the real estate sector, frequently presenting significant challenges for developers. These community groups are actively scrutinising proposed projects, often leading to disputes over adherence to zoning regulations, strain on existing infrastructure, and the adequacy of public participation processes. This heightened activism underscores a critical shift in Kenya's urban development, where community interests are increasingly influencing project outcomes.
The impact of these associations was recently highlighted by Shiv Arora, CEO of Superior Homes, during the International Housing Solutions (IHS) Affordable Housing Conference, where he expressed concerns regarding their role. Their influence stems from their legal standing, particularly under the Urban Areas and Cities Act, 2011, which mandates citizen involvement in urban planning and development.
For years, rapid urbanisation in Kenya has often been characterised by haphazard development and a disregard for established zoning regulations. This has led to numerous conflicts, including issues of encroachment, noise pollution, incompatible land use, and blocked views. In many instances, developers, sometimes in collusion with corrupt county officials, have circumvented regulations, resulting in substandard living conditions in areas like Pipeline Estate, and increasingly in middle-income neighbourhoods such as South B, South C, Kilimani, and Kileleshwa.
Resident associations have consequently evolved into crucial watchdogs, advocating for the protection of property values, aesthetic appeal, and the overall livability of their neighbourhoods. They actively monitor compliance with planning regulations and zoning requirements, and safeguard public utility land and recreational facilities from encroachment.
The legal framework in Kenya provides avenues for resident associations to influence development. The Urban Areas and Cities Act, 2011, requires citizen involvement in the preparation, implementation, and review of integrated development plans. Furthermore, the Physical and Land Use Planning Act, 2019, mandates public participation in zoning changes and urban planning decisions.
The Urban Areas and Cities (General) Regulations, 2022, further operationalise this by providing for the accreditation of neighbourhood associations and their participation in citizen forums for public consultations on policies, budgets, and development plans. These regulations also grant residents the right to object to proposed developments.
A significant development occurred on Monday, February 17, 2025, when Kajiado County signed a Memorandum of Engagement (MoE) with the Kajiado County Alliance of Residents' Associations (K-CARA). This MoE uniquely requires developers to obtain a No Objection Letter (NOL) from resident associations as proof of community consultation and compliance with zoning laws, making Kajiado the first county to formalise such an agreement.
The ongoing dynamic involves developers seeking to maximise profits and meet housing demands, residents striving to preserve their quality of life and property values, and county governments tasked with balancing urban growth with regulatory oversight.
Resident associations like the Runda Association, Karen and Langata District Association (KLDA), and the Kilimani Project Foundation are well-organised entities that actively engage in land use planning and enforcement of physical planning zoning laws. They often publish their own rules regarding land use and development to curb ad hoc construction.
In March 2024, several Nairobi resident associations, including the Lavington 5 Residents Association and the Rhapta Road Residents Association, condemned Nairobi Governor Johnson Sakaja's plan to increase building floor limits in suburban areas, citing a lack of public consultation.
A landmark ruling in the case of *Anami & 2 others (Suing as Officials of Rhapta Road Residents Association) v. Nairobi City County & Others [2025] KEELC 128 (KLR)* underscored the importance of adhering to zoning regulations. The Environment and Land Court found that Nairobi City County had overstepped its authority by approving high-rise buildings exceeding the 16-floor limit in Zone 4B (Muthangari, Kileleshwa, Kilimani, and Rhapta Road), declaring such approvals unlawful. The court ordered developers with ongoing projects to revise their plans.
This ruling strengthens the legal standing of resident associations and sets a precedent for communities to challenge developments that violate zoning laws. Cases of illegal construction, such as a 16-story building on Tazama Lane in Parklands, have also been reported, highlighting instances where developers proceeded without requisite approvals, leading to environmental and infrastructure concerns.
For developers, the increased assertiveness of resident associations translates to potential project delays, increased legal costs, and the necessity for more thorough due diligence and community engagement from the outset. Developers must now ensure their projects comply with all local planning and land use laws before seeking approvals, or risk significant financial and logistical challenges.
For residents, the active role of these associations ensures that urban growth is more sustainable, environmentally friendly, and beneficial to all stakeholders, safeguarding their interests and promoting planned development.
While the legal framework empowers resident associations, the consistency of enforcement across all counties remains an area of observation. Additionally, while the Urban Areas and Cities (General) Regulations, 2022, provide for accreditation, many resident associations in Kenya are not formally registered, which could impact their legal standing in some contexts.
The evolving relationship between resident associations, developers, and county governments will be crucial in shaping Kenya's urban landscape. Future developments will likely necessitate earlier and more robust engagement with communities, transparent adherence to planning regulations, and potentially more formalised agreements similar to Kajiado County's MoE. The ongoing push for sustainable and inclusive urban growth will depend on how effectively these stakeholders collaborate.
