Case Analysis: Civil Appeal No. E160 of 2025, Claire Kubochi Anami & Others v CECM Built Environment and Urban Planning, Nairobi City County & 20 Others,
Introduction
Nairobi's skyline is changing fast and high-rise developments are increasingly appearing in neighborhoods that were once low-rise. That growth has brought a wave of disputes over building heights, land use and the rules governing development approvals.
The recent Court of Appeal decision offers some important guidance. The Court examined challenges to approvals for high-rise developments along Rhapta Road in Westlands and in doing so answered a much bigger question: which planning framework should Nairobi County actually use when assessing development applications?
The Case
The Rhapta Road Residents Association challenged approvals that Nairobi City County had granted for high-rise developments along Rhapta Road, some as tall as 28 floors. The residents argued the approvals breached applicable zoning and planning requirements, and raised constitutional and environmental concerns.
The developers had a different problem. They were holding valid approvals and wanted to proceed with their projects, yet the very legal framework used to determine permissible building heights was itself being challenged.
ELC Decision
The Environment and Land Court (ELC) found that the developments exceeded the permissible height under the applicable zoning framework. It classified the area as Zone 4 and capped it at 16 floors, pending further action by Nairobi County. It also directed that future applications be considered under the 2021 Nairobi City Development Control Policy.
Neither side was satisfied. The residents wanted stronger remedies, including cancellation of approvals and demolition. The developers challenged the zoning classification itself. The matter proceeded to the Court of Appeal.
The Court of Appeal Steps In
Rather than simply settling how many floors could go up along one road, the Court confronted the underlying problem of what is Nairobi's legal planning framework.
The 2004 Zoning Guidelines Are Obsolete
The Court clarified the status of Nairobi's 2004 Zoning Guidelines, developed under the former local government and physical planning framework. It found that these guidelines are now obsolete and no longer form the binding zoning framework under Kenya's current constitutional and statutory system.
The lesson for developers is straightforward: an old zoning report or historical classification is not conclusive evidence of what can be built on a property today.
NIUPLAN Sets the Direction, Not the Detail
The Nairobi Integrated Urban Development Master Plan 2016 (NIUPLAN) remains valid, having been approved by the County Assembly. Think of it as a compass rather than a rulebook — it points to the city's intended direction for spatial growth, infrastructure, land use and urban development, but it does not specify how many floors can be built on a particular plot. That level of detail requires more specific development-control rules.
The 2021 Development Control Policy Fills the Gap For Now
The Court recognised that Nairobi County has been using the 2021 Nairobi City Development Control Policy as an administrative guide for development control. However, the Policy has not been formally approved and gazetted as a binding legislative instrument. The Court therefore treated it as an interim administrative guide while Nairobi works toward a comprehensive and legally compliant zoning framework.
Key Takeaways for Investors and Developers
Use NIUPLAN 2016 as a strategic guide.
It provides insight into Nairobi’s long-term spatial development, including growth areas, transport corridors, density and mixed-use development.
Use the 2021 Development Control Policy as an interim guide.
While it has not been formally approved and gazetted as a binding planning instrument, the Court recognised it as the administrative framework currently guiding development control. Developers should use it to assess issues such as permitted uses, plot ratios and building heights.
Monitor Nairobi’s zoning reforms.
The Court has directed Nairobi City County to finalise, approve and gazette comprehensive zoning and development-control plans. These changes could significantly affect property values, development potential, approval processes and investment decisions across the city.
Carry out proper planning due diligence.
Before purchasing land or committing funds to a development, investors should verify the applicable zoning classification, development limits, infrastructure capacity and approval requirements.
Seek professional advice early.
Working with legal and planning professionals at the beginning of a project can help identify regulatory risks, avoid costly approval delays and prepare developers for changes to Nairobi’s planning framework.
How We Can Help
At Wanjiru Nyaguthi & Company Advocates, we help developers, investors and landowners navigate the legal and regulatory issues that arise in property development including;
- Assess how the Rhapta Road decision may affect your current or proposed development;
- Conduct planning and zoning due diligence before you acquire or develop property;
- Advise on development approvals and compliance with planning and environmental requirements;
- Represent you in disputes before planning authorities, tribunals and courts;
- Support your participation in Nairobi’s evolving zoning and development-control consultations; and
- Provide strategic advocacy in complex land-use and zoning disputes.
