Nairobi Zoning Disputes: Court of Appeal Clarifies Development Rules
A New Chapter in Kenya’s Urban Planning and Real Estate Law
By Irene Loko Mutua
Published: 3rd November 2025
Overview
Zoning and planning laws in Kenya have recently become a defining issue for property developers, investors, and residents in Nairobi. Across key neighbourhoods such as Rhapta Road, Lavington, Parklands, Kilimani, Manyani Road, Muthangari Drive, and Peponi Road, major developments have faced litigation over land-use restrictions and planning compliance.
At the centre of these disputes is a simple but critical legal question: Which zoning and planning instruments currently govern development approvals in Nairobi?
Two major Court of Appeal decisions, delivered in 2025, have now provided significant clarity, reshaping the regulatory and commercial environment for all parties involved in urban development.
1. The Rhapta Road Case – Court of Appeal No. E160 of 2025 (19 September 2025)
This landmark decision arose from a dispute between the Rhapta Road Residents Association and the Nairobi City County Government over the legality of zoning policies used to regulate developments in Westlands.
The Court made three key determinations that now guide zoning law in Nairobi:
- Outdated 2004 Guidelines: The Court declared that the 2004 zoning guidelines are obsolete and no longer applicable under Kenya’s current planning framework.
- 2016 NIUPLAN’s Scope: The Nairobi Integrated Urban Development Master Plan (NIUPLAN) 2016 provides overall planning direction but does not prescribe specific plot-level building restrictions.
- 2021 Development Control Policy: Although comprehensive, the policy must be formally approved and gazetted before it can be enforced as law.
The Court also directed the Nairobi County Government to finalize and gazette updated zoning and development control plans within six (6) months, marking an important step toward transparent and enforceable land-use regulation.
2. The Lavington Case – Court of Appeal No. E1010 of 2024
(Mbaazi Avenue Residents Association v. Metricon Homes, 3 October 2025)
A similar case in Lavington further solidified the current position of zoning law in Kenya. The dispute involved a multi-storey residential development opposed by local residents.
The Court reaffirmed that:
- All urban development must be guided by the Physical and Land Use Planning Act, 2019, supported by the Constitution of Kenya and relevant county legislation.
- The 2004 zoning rules are no longer enforceable.
- Projects must be evaluated under the Nairobi Integrated Urban Development Master Plan (2014) and the 2021 Development Control Policy.
- Under these instruments, developments of up to 16 floors are permissible in designated high-density zones.
The Court dismissed the residents’ appeal, allowing the project to proceed, and further ordered the Nairobi County Government to publish a comprehensive city-wide zoning plan within 12 months.
3. Legal and Commercial Implications for Developers, Investors, and Residents
These twin decisions represent a major turning point for Nairobi’s urban planning and real estate sector. The Court of Appeal has provided long-awaited guidance that aligns planning control with modern legal standards, offering both certainty and predictability to stakeholders.
For Developers
- There is now a clear basis to proceed with projects compliant with NIUPLAN 2016 and the 2021 Development Control Policy.
- The rulings reduce exposure to arbitrary objections based on outdated zoning rules.
For investors and property buyers
- The decisions highlight the need to evaluate projects based on the latest planning instruments rather than historic zoning maps.
- Proper due diligence on zoning compliance remains essential to safeguard investments.
For the County Government
- The rulings impose a strict timeline to gazette an updated zoning and development control framework, ensuring Nairobi’s urban growth is guided by lawful, transparent, and predictable standards.
4. The Future of Zoning Law in Nairobi
The Court of Appeal’s guidance marks a new chapter for urban development law in Kenya. As Nairobi continues to expand vertically and densify, these rulings reinforce the principle that development control must evolve with statutory and constitutional reforms.
A harmonized, gazetted, and enforceable zoning policy will not only support orderly growth but also reduce litigation risk and enhance investor confidence in Nairobi’s real estate market.
Legal Insight
Our Real Estate and Planning team continues to advise developers, investors, and property owners on navigating zoning, planning approvals, and compliance under Kenyan law. For legal support or clarification on how these rulings may affect your project, please contact us.