A Nairobi court has ruled that developers on Rhapta Road can construct buildings up to 16 floors, pending a review of the city’s development policy. This decision follows a dispute between developers and the Rhapta Road Residents’ Association, which had opposed the high-rise structures, arguing that they violated the existing city development masterplan.
The residents, led by Claire Anami, accused the county government of arbitrarily issuing development permits, allowing buildings to exceed the four-floor limit set by the 2016 city development masterplan. However, the court held that Rhapta Road falls within Zone 4B, as designated in the unapproved Nairobi County Development Control Policy 2021. Under this proposed policy, the maximum allowable height for developments in Zone 4B is 16 floors, with a ground coverage limit of 75%.
Governor Johnson Sakaja’s administration has been advocating for a policy review to accommodate Nairobi’s growing population. The governor argues that while the city’s landmass remains fixed, the demand for housing is increasing, necessitating vertical expansion. The court agreed that until the Nairobi County Assembly formally amends the policy, the 16-floor limit remains applicable.
Ordering demolitions of already constructed buildings would be imprudent due to the significant costs involved, the court ruled. Instead, it emphasized the need for a structured review of urban planning policies to align with the city’s evolving needs.
The ruling comes amid concerns over unplanned urban growth in Nairobi. The latest Controller of Budget report indicates that revenue from building permits has surpassed parking fees, reflecting an aggressive issuance of development approvals by City Hall. Critics argue that this has led to haphazard urban expansion, inadequate infrastructure, and environmental degradation.
The Nairobi Integrated Urban Development Master Plan (NIUPLAN), published in 2014, had placed Rhapta Road in Zone 4, limiting buildings to four floors. This was a continuation of restrictions outlined in a 2004 development policy. However, the Nairobi Development Control Policy 2021 redefined zoning regulations, moving Rhapta Road into Zone 4B as part of Muthangari. The area, bounded by Waiyaki Way, Riverside Drive, Ring Road Westlands, and Mahiga Mairu Avenue, is now subject to the proposed high-rise development limits.
Despite the court’s ruling, residents remain opposed to the changes, accusing Sakaja’s administration of fostering uncoordinated urban expansion. They warn that without proper infrastructure and environmental safeguards, the decision could lead to long-term urban planning challenges in one of Nairobi’s prime residential areas.
