Property developers commit to follow building regulations around Moi Airbase, Nairobi

Nairobi property developers have committed to adhering to previously set laws when undertaking construction projects around Moi Airbase in Eastleigh, as directed by President William Ruto. 

Speaking in a press briefing on Monday under their umbrella body, the Property Developers Welfare Society of Nairobi, the officials urged their members to strictly adhere to the plans approved by the City Council of Nairobi, even as they pushed for a meeting between them and all stakeholders from both levels of government to prevent any misinterpretation or confusion.

The officials said they understood the declaration made by the president as only touching on the immediate area surrounding the airbase.

"When we talk of the Airbase, we need to know or get clarity on the flying path, the buildings that are neighbouring should be up to what level and so forth, to be able to adhere to the law," said the society's chairman, Abdirahman Mohamed.

On Saturday, President William Ruto, while presiding over Kenya Air Force's 60th-anniversary celebrations at the Moi Airbase in Eastleigh, backtracked on his earlier directive permitting developers to construct up to 30-floor apartments in the area, saying the previous laws barring the same had been overtaken by events.

He further said the national government will engage the leadership of the County Government of Nairobi to ensure Eastleigh Air Base remains intact. 

"In partnership with the county government of Nairobi, the government will ensure that Nairobi's Moi Airbase doesn't lose its position, and all developers must adhere to the standards agreed upon by the Kenya Air Force and Kenya Defence Forces," he pledged. 

Later that day, Nairobi Governor Johnson Sakaja pointed out a particular building that he said had been flagged by the Kenya Air Force for allegedly going against the rules, saying the owner will be issued a notice for demolition today.

The building, according to the governor, has affected the operations of one of the base's runways.

"We are sending a team from the inspectorate on Monday to assess that building and if some floors will be demolished, that will be it. Luckily, this is not a building that is occupied, it's still under construction," Sakaja said, adding that the developer will also be prosecuted for going against set laws at the City Court.

According to Sakaja, the law allows the area around the airbase to have four floors only and goes up as you go further away from the airbase.

"It is the angle of takeoff and landing that determines the restrictions. The further the height of the angle, the higher the building can go, as long as you don't interfere with take-off and landing," he explained on Saturday.

The officials, however, confirmed that no notice or communication had reached the proprietor by the time of going to press, adding that the property in question had all the approvals from the City County.

They added that there is a need to distinguish between legitimate development activities and unlawful practices to prevent any form of harassment or exploitation of developers.

Property Developers Welfare Society of Nairobi members attend a press event on Monday, June 10, 2024. (Photo: Hafsa Hassan)

"Our fear or concern is that those who have been granted approvals and fully adhered to rules and regulations will be affected. However, if there are one or two, then I think that is the subject of investigation. The president's directive should not be taken out of context to punish even those who are far away," said the chairman.

Abdi Dahir, the Secretary-General, confirmed that currently, Eastleigh has over 100 buildings being erected. 

"If the government has a problem with one building, the matter has to be investigated and the way forward established. We are not in the business of demolishing people's properties. If, for instance, a government authority tasked with giving out their approvals actually allows an investor to erect a certain number of floors and then we get other directives coming in, then it is in the discretion of the courts to adjudicate the matter. Maybe the person will get a refund, but if someone has constructed a project without following the legal requirement of the approvals then that is another case," lamented Abdi.

Currently, the tallest buildings in Eastleigh have up to 20 floors and others have 16 floors, depending on the location.

In a bid to instill adherence to set laws, the officials said they monitor buildings being erected and engage developers through consultative meetings and workshops and in conjunction with the city county.

"What we actually do not condone are illegal constructions. If someone is given 12 floors and they do 17 floors, then that is a problem,"Abdi added. 

The Property Developers Welfare Society of Nairobi was officially launched on May 11 2023, in Eastleigh and registered in December of the same year with a view to uniting all property developers in Nairobi. 

During the launch, the chairman of the association, Abdirahman Mohamed, said that the society aimed to aid developers in addressing common challenges.

The association currently has over 100 limited companies that are either still constructing or finishing construction all over Nairobi.

Among the challenges the society wants to solve is the constant harassment by Nairobi City County Askaris (Kanjos) who sometimes arrest their employees arbitrarily. 

Abdirahman complained that developers face difficulties in obtaining approvals from several government parastatals, alleging that some officials demand bribes for facilitation, which he said was illegal.

"For instance, when we are applying for approvals, we face lots of problems like delays and even extortion by some officials," Abdirahman pointed out.