A building under construction in Eastleigh, Nairobi on April 3, 2019.
From Kilimani to Parklands, Lavington, and Rhapta Road, owners of old bungalows on prime land are being pushed out by the rapid increase of high-rise developments.
As the changes unfold, owners of these bungalows fear a decline in property value as towering buildings encroach their spaces.
Many continue to hold onto their bungalows due to deep emotional and historical attachments. They argue the new developments come with many problems—clogging the outdated sewerage systems, worsening water shortages, increasing traffic congestion, as well as air and noise pollution.
There is also the problem of degradation of residents’ quality of life. Meanwhile, Nairobi’s population continues to swell as thousands of people move into the city every year. Many of them are forced to seek shelter in informal settlements.
A building under construction along Kindaruma Road in Kilimani, Nairobi, on September 16, 2025.
President William Ruto’s Affordable Housing Programme –funded by mandatory contributions from salaried workers –promised to deliver hundreds of thousands of low-cost housing units. The programme was meant to ease the severe housing shortage in Kenya. However, many are yet to benefit from it.
So what should Nairobi residents do?
In a recent Court of Appeal ruling, a bench of three judges declared that the 2004 zoning guidelines—long relied upon by the now-defunct Nairobi City Council and many residents resisting high-rise developments—are obsolete, despite their historical influence. The court noted that the guidelines were established under the repealed Physical Planning Act, before the 2010 Constitution. As such, they hold no legal authority, under the law, specifically the Physical and Land Use Planning Act (PLUPA), 2019, which assigns zoning and planning authority to county assemblies through formally approved development plans.
Justices Daniel Musinga, Joel Ngugi, and George Odunga said treating the 2004 zoning guidelines as binding law would amount to indefinitely extending the life of a temporary measure, now inconsistent with Kenya’s devolved governance structure.
The judges said the Nairobi Integrated Urban Development Master Plan (NIUPLAN), approved in 2016 by the county assembly, remains valid. However, they noted that it lacks parcel-specific zoning rules or floor limits, as required under Section 46 of PLUPA for detailed local plans.
Without formal approval by the county assembly and publication in the Kenya Gazette, the judges ruled, NIUPLAN cannot be treated as binding law. “It can inform and guide decisions persuasively pending formal adoption, but cannot operate as law. It can only act, for a short time, as an interpretive policy guide,” the said.
Rhapta Road Residents Association moved to court to challenged approvals granted to 15 developers in the area, arguing they were issued in a policy vacuum or in disregard of controlling plans and zoning instruments, thus violating the constitution.
Construction of multi-storey buildings
The residents complained that approvals had been granted for the construction of multi-storey buildings, in some instances, rising to 28 floors, contrary to the zoning restrictions and planning policies, governing the area.
They said there was a pattern of uncoordinated and unregulated development within their neighbourhood, facilitated by the county government and the National Environment Management Authority.
The association noted there was rapid transformation of the Rhapta Road corridor, where low-density residences were increasingly overshadowed by high-rise blocks. The shift had caused severe congestion, strain on sewerage and road networks, and threatened to destroy the residential character of the area.
The residents said that under the 2004 Zoning Guidelines, Rhapta Road was designated as Zone Four, which permitted development of up to four floors.
Some of the upcoming new buildings under construction and an advertising post in Kileleshwa Estate in Nairobi on September 17, 2025.
In Lavington, Mbaazi Avenue Residents Association (Mara), also moved to court to challenge Metricon Home Nairobi Co. Ltd, a developer who planned to construct a 16-storey building in the area. Mara argued the design of the building would lead to blockage of light or affect natural air circulation. The building was to be constructed on a one-acre plot.
The association said the project was against the area zoning policy. Mara said the project would also take up the green spaces and playing grounds for children.
It said Metricon’s plan to cram 512 housing units on one acre in total disregard of zoning regulations and scarce amenities would infringe on rights of members of Millennium Gardens.
The residents said the project posed grave environmental, infrastructural, health, sanitation and other socio-economic hazards to Millennium Gardens members who were greatly aggrieved and stood to be seriously affected if the construction of the said residential apartments was not halted. In Parklands, the residents also challenged upcoming high-rise buildings for residential and commercial use.
Parklands Residents Association moved to court arguing that the constructions were being done in breach of building regulations and that the developers had destroyed roads, streets and lanes in the area, and were causing unnecessary traffic jams, and also flooding whenever it rained.
The association said the housing and architectural heritage has a strong religious influence, and is dotted with architectural marvels that speak of its colonial history. The residents cited temples, mosques and churches which they said are common in the area, fostering a strong sense of oneness and tolerance.
By the time they went to court, the association’s lawyer Alfred Ndambiri said there were development plans on 64 plots. Over 20 others had been constructed in contravention of the Physical and Land Use Planning (Development Permission and Control (General) Regulations, 2021.
The lawyer said the area had, in the last five years, been subjected to “urbanisation’ in the name of development “which has been intermittent and drastic”.
The construction site of a high-rise building along Kandara Road in Kileleshwa, Nairobi.
Mr Ndambiri said the construction has adversely affected the character, visual and associated values of the areas’ historic townscape character.
The association said the developments have seen buildings coming up in areas including Parklands Road, Ojijo Road, Prof Wangari Mathai Road, part of Murang’a Road, the edges of Mathare River past Limuru Road and on the edges of Gitathuru River past Deep Sea Slum Area.
He said the area’s infrastructure, including water supply, sewer disposal, storm water drainage, roads, transport and social amenities were designed and planned on “developed-to-suit” format.
Further, the association said the area next to or near City Park Drive, is not served by public sewer disposal system and relies on septic tanks. Some people have applied to be allowed to construct Privately Developed Sewers (PDS) system to connect with the county’s public sewer line.
In defence, the county government said the policy is currently under review so as to meet the current rising housing demand.
The Court of Appeal gave the county six months to finalise and approve a zoning and development control plans for the city.
