Client Impact

The Court of Appeal has ruled that Rhapta Road in Westlands, Nairobi, falls within Zone 3C, where developments can go up to 20 floors. However, the Court also stressed that this is only allowed when developers meet all legal requirements, including environmental, technical, and safety approvals. The Court further directed Nairobi City County to officially publish or gazette its zoning plans to provide certainty and fairness for everyone involved in property development.

Introduction

In September 2025, the Court of Appeal delivered a major judgment that settled years of confusion over Nairobi’s zoning rules, specifically along Rhapta Road, a fast-growing corridor in Westlands. The case brought clarity on what laws apply when determining how tall or dense buildings can be, and who has the authority to make such decisions.

The Court ruled that Rhapta Road is within Zone 3C, allowing high-rise buildings of up to 20 floors, but only if developers comply with all environmental and planning regulations. It also ordered Nairobi City County to finalise and officially publish or gazette its development plans under the Physical and Land Use Planning Act, 2019 and the Environmental Management and Co-ordination Act, 1999.

Background of the Case

The dispute started when residents along Rhapta Road argued that their area was meant to remain low-rise under old 2004 zoning guidelines, known as Zone 4/4B. Developers, however, relied on newer policy documents used by the County that recognised Rhapta Road as Zone 3C, where taller buildings are allowed.

The Environment and Land Court initially ruled in favour of the residents, maintaining the older Zone 4/4B classification. On appeal, the Court of Appeal reversed that decision. It found that the County was justified in applying newer, lawfully adopted planning policies that reflect Nairobi’s evolving development needs.

This clarification was crucial because it aligned zoning with modern realities, ensuring that planning decisions are based on current and properly approved frameworks rather than outdated guidelines.

The Court of Appeal’s Decision

1.Rhapta Road is officially Zone 3C.

This means that buildings up to 20 floors are allowed, subject to environmental, technical, and safety approvals.

2.Nairobi City County must gazette zoning plans.

The Court ordered the County to officially publish its current planning and zoning frameworks. Gazettement makes a policy legally binding, preventing reliance on outdated or informal guidelines.

3.Compliance with Environmental and Safety Laws is Mandatory.

The Court reminded all developers that approvals still depend on meeting the conditions set out under the Environmental Management and Co-ordination Act, 1999 and related technical laws.

“Zoning is not a negotiation with the loudest voice; it is a legal regime anchored in statute, policy and due process.”

This quote captures the spirit of the ruling, urban planning is a matter of law, not personal influence or public pressure.

Key Legal Frameworks Explained

1.Physical and Land Use Planning Act, 2019

This law governs how land is planned, developed, and managed in Kenya. It requires counties to prepare and gazette official zoning plans after consulting the public. It also provides mechanisms for appealing planning decisions.

2. Environmental Management and Co-ordination Act, 1999

This is Kenya’s main environmental law. It establishes the National Environment Management Authority (NEMA), which oversees Environmental Impact Assessments. Developers must obtain EIA licences before starting projects that may affect the environment.

3. The Constitution of Kenya, 2010

Articles 42, 69, and 70 guarantee the right to a clean and healthy environment, impose duties on the state to protect natural resources, and allow citizens to go to court to enforce these rights.

Implications of the Judgment

For Developers and Investors:

The ruling offers clarity on what is legally permitted in Westlands. However, it also signals that compliance will be closely monitored. Developers must secure proper EIAs, observe building codes, and document public participation throughout the approval process.

For Residents and Civil Society:

Residents still have the right to challenge projects that do not comply with environmental or planning laws. Under Article 70 of the Constitution, any citizen can go to court to stop developments that harm the environment or violate due process.

For Nairobi City County:

The County must now ensure that all zoning policies are up to date, publicly accessible, and legally published or gazetted. This will prevent confusion and reduce costly litigation.

Why This Case Matters

This judgment goes beyond Rhapta Road. It sets a national precedent on how courts expect counties to manage urban development, public participation, and environmental accountability. The decision reinforces the principle that growth must be balanced with sustainability and transparency.

By upholding the rule of law in planning, the Court has sent a strong message: Kenya’s cities can grow vertically, but only within the framework of lawful, responsible development.

Conclusion

The Court of Appeal’s decision in Claire Kubochi Anami & 6 Others v County Executive Committee Member, Built Environment & Urban Planning, Nairobi City County & 2 Others is a landmark for Kenya’s urban governance. It restores clarity and predictability to zoning decisions while reminding developers, planners, and the public that sustainable development depends on transparency, participation, and respect for the law.

Firm Note

Kimiti & Associates Advocates advises on land use, environmental approvals, planning appeals, and project development in Kenya. For tailored legal support on zoning, environmental compliance, or urban planning law, contact us: [email protected] | +254 735 094 112