Court gives Nairobi County one year to align Parklands projects with planning laws
The court found that the county’s actions and omissions regarding developments in Parklands since August 2019 had violated the community’s constitutional right to live in a clean and healthy environment.
The Environment and Land Court has directed the Nairobi County Government to form a County Physical and Land Use Planning Consultative Forum within six months, saying residents must be given an avenue to air their views on development projects taking place in their neighbourhoods.
A three-judge bench of Oscar Angote, Anne Omollo, and Charles Mbogo also ordered City Hall to prepare and gazette both the County Physical and Land Use Development Plan and the Local Physical and Land Use Development Plan for Parklands within 12 months.
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The judges made it clear that any development approvals granted after that period, without compliance, will be rendered null and void.
The court found that the county’s actions and omissions regarding developments in Parklands since August 2019 had violated the community’s constitutional right to live in a clean and healthy environment.
“Accordingly, the petitioners have shown violations of their constitutional right to dignity and clean and healthy environment against the respondents,” ruled the judges.
The decision came after the Parklands Residents Association moved to court over what it termed as unregulated high-rise constructions for both commercial and residential use.
The residents accused developers of ignoring planning laws, leading to the destruction of access roads and lanes, increased traffic congestion, and flooding whenever it rained.
The association also told the court that Parklands has a rich historical and cultural identity, defined by temples, mosques, and churches that have shaped the area’s social fabric and promoted religious harmony over the years.
Lawyer Alfred Ndambiri, representing the residents, said that developments were ongoing on 64 plots, while more than 20 others had already been completed without following the Physical and Land Use Planning (Development Permission and Control) Regulations of 2021.
He said the unregulated constructions were ruining Parklands’ distinctive architectural identity and visual appeal.
The residents further highlighted that their community has long been home to several key institutions, including schools, places of worship, and facilities linked to the Aga Khan legacy, such as the Aga Khan schools, university, and hospital, which have shaped the area’s heritage and urban character.
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