The city of Nairobi just like any other growing metropolis has been a city in transition; the Nairobi Integrated Urban Development Master (NIUPLAN), 2016 was adopted as a county-wide integrated planning framework. However, detailed local physical, land use plans and an updated development control/zoning policy to replace the 2004 Zoning Guidelines, lagged.
In the Court of Appeal at Nairobi in Civil Appeal Number E. 160 of 2025; Claire Kubochi Anami and 2 others vs CECM, Built Environment Nairobi County and 21 others (2025) eKLR, the court made a determination in relation to an outdated ordinance, an un-gazetted policy and highlighted the following three principles required in urban planning as well as infrastructure development:
First is predictability; citizens and investors alike are entitled to know, in advance, the rules that govern land use and urban form through codified, accessible, and enforceable plans and policies.
Second is transparency; development control must rest on published standards, open criteria, and authentic public participation that reflects the constitutional values of accountability and inclusivity.
Third is capacity-constrained approvals; permissions must be calibrated to existing and planned infrastructure so that cumulative impacts on roads, drainage, sewerage, water, power, schools, and health services are neither ignored nor deferred indefinitely.
Developers hope that the decision will streamline approval processes in Nairobi County while at the same time, residents are optimistic that zoning and development control will be strictly adhered to.
Read more about the case here.
