Nairobi City County approved high-rise buildings using a planning policy that the County Assembly never passed, the Supreme Court has ruled, a finding that has deepened questions about how City Hall clears construction in the capital as the Eastleigh building collapse keeps building safety in the headlines.

In a judgment delivered on Friday, October 30, a five-judge bench led by Chief Justice Martha Koome found that the county had unlawfully relied on the Nairobi City Development Control Policy 2021 to grant permits, even though the document had never been approved by MCAs.

"The absence of the County Assembly approved plan suspended the 2nd respondent's ability to determine development applications on their merits," the judges said, according to Kenyans.co.ke.

How the case started

The case was brought by the Rhapta Road Residents Association, which challenged approvals for developments of between 17 and 22 floors in the Muthangari area of Westlands. The residents argued that zoning rules for the neighbourhood capped buildings at four floors and that the towers would overwhelm water, sewerage and road networks.

The Environment and Land Court had limited the developments to 16 floors, before the Court of Appeal raised the ceiling to 20. The Supreme Court faulted both courts for relying on the same unapproved policy, saying zoning and building heights are for planning authorities to decide after technical assessments of infrastructure and population density.

No demolition

Despite the finding, the judges declined to order that the buildings be pulled down, saying the residents had not proved environmental harm or a violation of their rights.

  • Demolition, the court said, is "an exceptional and most intrusive remedy" reserved for proven illegality, threats to life or defiance of the law.
  • The court noted that the county adopted a new Development Control Policy on June 18, 2026 and gazetted it a day later, but did not rule on its validity because the issue was not argued.
  • The matter was sent back to the Court of Appeal to assess whether the 2026 policy meets the outstanding planning requirements.

The Nation reported that the county was also directed to review the proposed development afresh under its new physical development framework.

Pressure on City Hall

The ruling lands as City Hall faces hard questions over its building approvals. The Standard reported on Monday that Nairobi County and the National Construction Authority are being asked how the 18-storey building in Eastleigh rose despite claims that its plans had never been approved, and why enforcement failed to stop it.

For residents' associations that have spent years fighting towers in leafy suburbs, the judgment confirms that the county was issuing permits without a legally valid plan. For City Hall, it raises the prospect of fresh challenges to other approvals granted under the 2021 policy, and puts the County Assembly's role in planning law firmly back in focus.

Photos: Queen Asali/Wikimedia Commons (CC BY 4.0); Jorge Lascar/Wikimedia Commons (CC BY-SA 2.0). Thumbnail design: HAMASTA MEDIA.