Court halts Lang'ata affordable housing project, quashes NEMA licence

Busia Senator Okiya Omtatah speaks after the court halted construction of the Southlands affordable housing project in Lang’ata. [Collins Oduor, Standard]

The Environment and Land Court has halted the ongoing construction of the controversial Southlands Affordable Housing Project in Lang’ata for lack of meaningful public participation and failure to comply with mandatory environmental safeguards.

In a landmark judgment delivered on Friday, Justices Oscar Angote, Charles Mbogo and Christine Ochieng found that the implementation of the multi-billion-shilling housing project by the government violated constitutional provisions on environmental protection, public participation and fair administrative action.

The judges issued orders stopping any further construction or operational activities on the project pending full compliance with environmental and legal requirements.

“The court is satisfied that the petitioner has partially established the petition dated July 4, 2025,” the bench ruled.

“An order of prohibitory injunction is hereby issued restraining the respondents, their agents, employees, contractors, developers or representatives from commencing, continuing or undertaking any operations or construction activities in relation to the Southlands Affordable Housing Project,” the judges ordered.

The petition had been filed by Busia Senator Okiya Omtatah, who challenged the legality of the project, arguing that construction works commenced without an Environmental Impact Assessment (EIA) licence and without proper consultations with affected residents.

The court declared that the respondents violated Omtatah's and other residents' constitutional rights within the Langata area under Articles 10, 42, 47, 69 and 70 of the Constitution.

The judges further held that the government and project proponents violated the Environmental Management and Coordination Act (EMCA) by failing to conduct a proper environmental impact assessment and obtain an EIA licence before commencing construction.

In a major blow to the project, the court quashed EIA Licence Number NEMA/EIA/ESL/0001425 issued on December 16, 2025.

The project, situated in Lang’ata, comprises 17-storey apartment blocks with approximately 15,960 housing units intended to accommodate between 60,000 and 80,000 residents.

The court found that excavation and preliminary works had already commenced months before environmental approvals were obtained.

“The court is unable to accept the proposition advanced by the respondents that such a fundamental statutory requirement can be retrospectively regularised merely because a licence was eventually issued. We find that this is an act of sheer impunity,” the bench ruled.

The judges faulted the public participation process, saying the consultations conducted were inadequate for a project of such magnitude.

“The Southlands Affordable Housing Project is, by its very nature, a large-scale and high-impact development whose implications extend far beyond the classes of attendees,” the court observed.

The bench noted inconsistencies in the records presented before the court, including identical photographs and substantially similar minutes allegedly used to represent different stakeholder meetings.

“These materials raise serious indications touching on the integrity, authenticity and reliability of the participatory record,” the judges stated.

The court further found that no Gazette notices, newspaper publications, radio announcements or evidence of circulation of the environmental reports to lead agencies had been presented as required under environmental regulations.

“In this instance, no Gazette notice, newspaper publication, radio announcement, public invitation notice, or evidence of circulation of the EIA report to lead agencies was placed before the court,” the judges said.

The bench also raised concerns about the project’s possible impact on key installations and infrastructure in the area, including Wilson Airport, Nairobi National Park, Lang’ata Barracks and the surrounding road network.

“The court has taken note of the concerns raised regarding the potential environmental, infrastructural and social impact of the project,” the judgment reads.

However, the court declined to determine issues relating to the procurement of Red Sea Company Ltd as the Environmental and Social Impact Assessment consultant, ruling that procurement disputes fall outside the jurisdiction of the Environment and Land Court.

“By dint of Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act, this court is devoid of jurisdiction on matters of procurement,” the judges ruled.

Despite faulting the implementation process, the court clarified that the Affordable Housing Programme itself remains a legitimate constitutional objective under Article 43.

“The constitutional objective of promoting accessible and adequate housing cannot be pursued through processes that disregard constitutional safeguards relating to environmental protection, fair administrative action, public participation and legality,” the court held.