A three-judge bench faulted the Ministry of Housing and state agencies for commencing the project without conducting a meaningful public participation and environmental and social impact assessment.
“A declaration thus is hereby issued that no environmental impact assessment, license, or approval, shall be issued in respect of the Southlands affordable housing project unless and until there is full compliance with the law, including a meaningful and effective public participation as captured in this judgment,” said the court.
The court added that the project, dubbed Southlands Affordable Housing Project, should not commence until approvals are obtained from all lead agencies in accordance with the law.
The court said the ministry should conduct a comprehensive environmental and social impact assessment (EIA) and obtain fresh approvals from the National Environment Management Authority (Nema), after quashing an earlier one issued by the agency on December 2025.
Busia senator Okiya Omtatah challenged the project, arguing that it was started without conducting the environment and social impact assessment.
He further said there was no clear plan for water provision and the project risked creating a humanitarian crisis, affecting not only new residents but also the existing community.
According to Mr Omtatah, the 17-storey buildings will tower over surrounding maisonette homes, allowing occupants to have direct, intrusive views into private residences and bedrooms, thereby violating the right to privacy.
He argued that the project will significantly impact property values in Lang’ata as the influx of thousands of new residents, coupled with reduced access to essential services, increased congestion, and deteriorating environmental conditions, will devalue existing properties.
Mr Omtatah, backed by community activists under the Lang’ata Reject AHP Committee, challenged the project, arguing that the housing units sit on public land originally reserved for roads, railways, and environmental buffer zones.
Housing and Urban Development PS Charles Hinga had pleaded with the court to allow the project to proceed, arguing that the petitioner's concerns on environmental degradation, water scarcity, sewer overload, privacy infringement, property devaluation, traffic congestion, and security risks are unsubstantiated and overstated.
He said risk assessments confirmed that the project complies with aviation safety standards, with building heights and structural parameters adjusted to avoid interference with flight paths serving Wilson Airport.
Mr Hinga said the project design incorporates sustainable measures, including drainage enhancements, traffic control, and infrastructure upgrades in collaboration with Nairobi City Water and Sewerage Company, Kenya Power and other stakeholders.
The PS added that the project was lawfully allocated for slum upgrading and affordable housing purposes under the mandate of the State Department for Housing and Urban Development, which is empowered to plan, implement and facilitate affordable housing initiatives in accordance with applicable statutory and planning frameworks.
He said the allocation of the site for affordable housing purposes was undertaken through lawful governmental processes and does not constitute encroachment on designated transport reserves or buffer zones as alleged.
“I depose that the land comprising the Southlands Affordable Housing Project does not constitute a road reserve or buffer zone as alleged,” he said.
The Lang’ata project was launched in March 2025 and was billed as a model development expected to deliver about 15,000 housing units alongside a primary school.
“The Project will enhance housing access for low-income households, create jobs, and improve urban infrastructure, aligning with Articles 43(1)(b) and 60 of the Constitution,” he said.
