Housing and Urban Development PS Charles Hinga has pleaded with a bench of three judges to lift an order blocking the construction of affordable housing units in Lang’ata, arguing that the stoppage might lead to termination of contracts.
In an application before the Environment and Land Court, Mr Hinga said the terminations of the contracts and sub-contracts may result in litigation and attendant contractual claims, exposing the government to financial liability and loss of public funds.
“This would result in irreparable prejudice to the public interest by undermining the timely and cost- effective implementation of the social housing initiative, which seeks to advance constitutional objectives of adequate housing and urban development,” he said in an affidavit.
The court halted the project on December 11, 2025, pending the determination of a petition filed by Busia senator Okiya Omtatah.
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.
But 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.
The PS, however, stated that the project will continue to suffer unnecessary delay despite full regulatory clearance, thereby occasioning further loss of public funds, disruption of livelihoods and frustration of the State’s constitutional mandate to provide accessible and adequate housing.
President William Ruto inspecting the ongoing affordable housing project in Kibera Highrise, Langata Constituency in Nairobi on November 22, 2023.
Photo credit: Courtesy | PCS
He said the prolonged suspension of work heightens safety and security risks on the unoccupied site, including potential trespass, particularly by children and hazards arising from existing excavations.
Such conditions, he said, expose the contractors to continued site liability and may necessitate enhanced insurance coverage due to elevated risk profiles, thereby increasing project costs and eroding public resources without delivering corresponding public benefit.
Mr Hinga said the land for the Southlands Affordable Housing 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 PS further said the petitioner's concerns on environmental degradation, water scarcity, sewer overload, privacy infringement, property devaluation, traffic congestion, and security risks are unsubstantiated and overstated.
President William Ruto, Nairobi Women Rep Esther Passaris during the inspection of the on-going construction of the 4,054-unit Kibra Soweto East Affordable Housing Project in Kibra, Nairobi County.
Photo credit: PCS
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.
He said vibrations and dust from excavations are temporary and managed under standard construction protocols, with no verified damage to adjacent properties.
“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.
President William Ruto lays the foundation stone for an affordable housing project during the launch of the Konza Technopolis in Makueni County on October 13, 2025. Looking on is PS Charles Hinga.
Photo credit: PCS
Mr Omtatah said without a clear plan for water provision, the project risks creating a humanitarian crisis, affecting not only new residents but also the existing community.
Further, 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 said this would negatively affect homeowners and investors who have long developed and maintained the area as a stable residential neighbourhood.
