Nairobi Governor Johnson Sakaja has scored a major victory after the Court of Appeal ruled that the capital’s skyline must grow within clear and lawful planning rules.
In a landmark decision on the Rhapta Road zoning dispute, judges affirmed that City Hall could continue guiding development through the 2021 Development Control Policy. However, they gave the county six months to complete and publish updated zoning laws.
The ruling allows construction to move forward but under strict conditions. “Urban growth must be predictable, transparent, and mindful of infrastructure and the environment,” the court said in its judgment.
For Sakaja, who has tied his “Let’s Make Nairobi Work” agenda to more structured planning, the decision is a political and policy boost. He has long argued that a modern city must rise on rules that both attract investors and protect residents.
“This is a win for order,” Sakaja told reporters after the ruling. “We can have growth, but it must respect the law and the rights of communities.”
The case was sparked by residents of Rhapta Road, who challenged high-rise approvals of up to 28 floors. They argued that without a proper zoning framework, such projects violated constitutional guarantees, planning statutes, and environmental protections.
Developers and county officials countered that the approvals were valid, reflecting Nairobi’s shift towards modern planning standards, and had followed due process.
The appellate judges sided with a middle ground. They confirmed that Rhapta Road belongs to Zone 3C, where buildings can reach 20 floors—though only if infrastructure and environmental assessments allow it.
The court also criticised the Environment and Land Court, which had earlier relied on Google Maps rather than official records when issuing a stay order.
The judgment laid out three guiding principles: planning must be lawful and written into enforceable codes; decisions must be transparent and shaped by public participation; and growth must match infrastructure capacity and environmental limits.
Urban experts say the ruling could set a precedent. It signals that Nairobi’s rapid vertical growth will not be left to chance—or unchecked private interests—but must strike a balance between ambition and sustainability.
For residents, it offers a measure of protection. For investors, it provides clarity. And for Sakaja, it marks a turning point in his bid to shape a city that works for both business and community.
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