Court Stops High-Rise Buildings in Kileleshwa, Enforces 16-Floor Limit

A Nairobi court has ruled that high-rise buildings in Kileleshwa and surrounding areas must not exceed 16 floors, canceling multiple approvals for taller structures.

The Environment and Land Court found that the Nairobi County government violated zoning regulations by allowing developers to construct buildings beyond the height limits established in the 2021 Nairobi City Development Control Policy.

Justice Oscar Angote emphasized that all buildings in Zone 4B must comply with the 16-floor restriction while maintaining a maximum ground coverage of 75 percent.

The ruling has halted eight ongoing high-rise projects, including some that had received approvals for up to 22 floors. Developers who had already commenced construction now face uncertainty regarding the future of their projects.

Justice Angote acknowledged the financial implications of the ruling, stating that the court recognized the costs incurred by developers who had already begun construction, as well as the potential consequences of demolitions.

Residents of Rhapta Road and Kileleshwa filed the lawsuit, accusing the Nairobi County government of failing to enforce urban planning policies, which they argued led to congestion and environmental degradation.

The petitioners claimed that the unchecked approval of high-rise buildings had transformed residential areas into overcrowded concrete jungles, in violation of zoning regulations.

The case listed the Nairobi County Government, the National Environment Management Authority (NEMA), and several property developers whose permits were under review as respondents.

Nairobi County defended its stance, arguing that zoning policies had evolved over time. The county insisted that all approvals followed due process and aligned with updated urban planning frameworks.

NEMA also justified its decision to issue Environmental Impact Assessment (EIA) licenses, stating that all applications underwent rigorous scrutiny, including public participation and environmental risk assessments.

Veronicah Kimutai, a senior environmental compliance officer at NEMA, told the court that mitigation measures were in place to address concerns raised by residents regarding high-rise developments.

The court’s ruling now requires the Nairobi County government to enforce zoning regulations, ensuring that no future developments exceed the 16-floor limit. Authorities must also review existing permits that violate the regulation.