Kenya: Court ruling sends a strong message to developers on zoning, environmental compliance and public participation

The Environmental and Land Court (the High Court) has issued an injunction stopping the development of a 13-level mixed-use development including over 200 duplex apartments on Peponi Road in Westlands, Nairobi (the Proposed Project). In its ruling stopping further development of the Proposed Project pending determination of the matter, the High Court has clearly shown that when real estate developers are accused of violating the public’s constitutional rights, the court is likely to intervene, prioritising the public’s interests over the developers’ significant investments. The High Court also found merit in considering whether there was proper public participation and engagement with relevant stakeholders, including the residents of the affected area prior to the commencement of a development.

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