Court of Appeal Backs Sakaja on Nairobi’s Vertical Growth Plans

The Court of Appeal has handed Nairobi Governor Johnson Sakaja’s administration a major boost after upholding that the city’s vertical growth must proceed under transparent, lawful, and participatory planning rules.

In a judgment delivered Friday in Civil Appeal No. E160 of 2025: Claire Kubochi Anami & 2 Others vs. CECM Built Environment, Nairobi County & 21 Others, Justices Daniel Musinga, Joel Ngugi, and George Odunga affirmed the county’s authority to guide high-rise developments while demanding clear zoning frameworks.

The case arose from Rhapta Road residents, who challenged approvals for 28-floor buildings, arguing that the permits were unlawful in the absence of a valid zoning policy.

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The appellate judges clarified that the 2004 zoning guidelines no longer bind the county, the Nairobi Integrated Urban Development Master Plan (NIUPLAN 2016) is only a strategic guide, and the 2021 Nairobi City County Development Control Policy, though not yet gazetted, may be used persuasively until it is formally adopted.

They also corrected a factual error by the lower court, ruling that Rhapta Road falls in Zone 3C—not Zone 4—allowing for a height ceiling of up to 20 floors, subject to infrastructure and environmental limits.

Significantly, the judges issued a structural order compelling City Hall to complete and gazette updated zoning and development control instruments within six months, with an interim compliance report due in three months.

The process must involve public participation, with the Court retaining supervisory jurisdiction.

In the meantime, approvals will continue under existing laws, with the 2021 policy serving as a guiding tool, while already approved projects remain valid unless proven unlawful.

The ruling strikes a balance between investor confidence, environmental safeguards, and community rights. It also entrenches three constitutional principles for Nairobi’s growth: predictability, transparency, and infrastructure-linked capacity.

For Governor Sakaja, who has anchored his “Let’s Make Nairobi Work” agenda on orderly development, the decision provides both clarity and authority to manage Nairobi’s skyline.