Blow to Ruto as court halts 15,000-unit Lang’ata housing project

President William Ruto’s flagship affordable housing programme has suffered a significant setback after the Environment and Land Court stopped the construction of a 15,000-unit housing project in Lang’ata, Nairobi, citing glaring legal and procedural violations.

In a landmark judgment, a three-judge bench faulted the Ministry of Housing and Urban Development as well as other several state agencies for pushing ahead with the multi-billion-shilling Southlands Affordable Housing Project without conducting meaningful public participation and undertaking a comprehensive environmental and social impact assessment as required by law.

The judges ruled that no environmental approval or licence should be issued for the project until the government fully complies with all legal requirements.

“A declaration thus is hereby issued that no environmental impact assessment licence or approval shall be issued in respect of the Southlands Affordable Housing Project unless and until there is full compliance with the law, including meaningful and effective public participation as captured in this judgment,” the court ruled.

The judges further directed that the project should not proceed until all approvals are obtained from relevant agencies and a fresh environmental assessment is conducted.

The ruling is one of the most significant legal challenges to the government’s ambitious affordable housing programme, which has been promoted as a key pillar of President Ruto’s economic transformation agenda.

The court specifically quashed an environmental licence issued by the National Environment Management Authority (Nema) in December 2025 and ordered the State Department for Housing and Urban Development headed by Principal Secretary Charles Hinga to undertake a fresh Environmental and Social Impact Assessment (ESIA) before any further construction activities can proceed.

The petition was filed by Busia Senator Okiya Omtatah together with community activists operating under the Lang’ata Reject Affordable Housing Project Committee.

The court said the ministry should conduct a comprehensive environmental and social impact assessment (EIA) and obtain fresh approvals from the National Environment Management Authority (Nema), after quashing an earlier one issued by the agency on December 2025.

The Busia Senator, Okiya challenged the project arguing that it was started without conducting the environment and social impact assessment.

He further said there was no clear plan for water provision and the project risked creating a humanitarian crisis, affecting not only new residents but also the existing community.

He added that the sewer infrastructure in Lang’ata is substandard and already overstretched.

According to Omtatah, the 17-storey buildings will tower over surrounding maisonette homes, allowing occupants to have direct, intrusive views into private residences and bedrooms, thereby violating the right to privacy.

He argued that the project will significantly impact property values in Lang’ata as the influx of thousands of new residents, coupled with reduced access to essential services, increased congestion, and deteriorating environmental conditions, will devalue existing properties.

Omtatah, backed by community activists under the Lang’ata Reject AHP Committee challenged the project arguing that the housing units’ sits on public land originally reserved for roads, railways, and environmental buffer zones.

The government has defended the project as a lawful and urgent intervention to address Kenya’s housing deficit. State lawyers argued that the right to housing justifies rapid implementation of such developments.

They insisted environmental and land-use laws were followed, although the petitioners say no valid EIA license has been produced.

The petitioners also claim construction debris has blocked emergency routes, posing safety risks to nearby residents.

The petition added that the decision to convert a road reserve into high-rise residential apartments comprising 17 floors without following the law demonstrates a reckless abuse of power and calls for immediate judicial scrutiny.

Housing and Urban Development PS Hinga had pleaded with the court to allow the project to proceed arguing that the petitioner’s concerns on environmental degradation, water scarcity, sewer overload, privacy infringement, property devaluation, traffic congestion, and security risks are unsubstantiated and overstated.

He said risk assessments confirmed that the project complies with aviation safety standards, with building heights and structural parameters adjusted to avoid interference with flight paths serving Wilson Airport.

In what points to a major indictment to the PS, Hinga had told the court that the project design incorporates sustainable measures, including drainage enhancements, traffic control, and infrastructure upgrades in collaboration with Nairobi City Water and Sewerage Company, Kenya Power and other stakeholders.

The PS added that the project was lawfully allocated for slum upgrading and affordable housing purposes under the mandate of the State Department for Housing and Urban Development, which is empowered to plan, implement and facilitate affordable housing initiatives in accordance with applicable statutory and planning frameworks.

He said the allocation of the site for affordable housing purposes was undertaken through lawful governmental processes and does not constitute encroachment on designated transport reserves or buffer zones as alleged.

“I depose that the land comprising the Southlands Affordable Housing Project does not constitute a road reserve or buffer zone as alleged,” he said.

The Lang’ata project was launched in March 2025 and was billed as a model development expected to deliver about 15,000 housing units alongside a primary school.

“The project will enhance housing access for low-income households, create jobs, and improve urban infrastructure, aligning with Articles 43(1)(b) and 60 of the Constitution,” he said.

The petitioners additionally claimed that the housing project sits on public land that was originally reserved for roads, railway infrastructure and environmental buffer zones.

They accused the government of unlawfully converting public utility land into residential developments without following due process.

“The decision to convert a road reserve into high-rise residential apartments comprising 17 floors without following the law demonstrates a reckless abuse of power and calls for immediate judicial scrutiny,” the petition stated.

Several projects under the Affordable Housing Programme have faced court challenges over issues ranging from public participation and environmental concerns to land ownership disputes and the controversial Affordable Housing Levy.

In November 2023, the High Court declared the Affordable Housing Levy unconstitutional, dealing a major blow to the government’s financing strategy. Although the government later secured legislative backing through the Affordable Housing Act, the case highlighted persistent concerns over the programme’s legal foundation.

The government has also faced lawsuits over housing projects planned on public land, with critics accusing authorities of bypassing consultation requirements and environmental safeguards in the rush to implement the programme.

In Nairobi’s Starehe area, residents previously challenged redevelopment plans affecting public spaces and social amenities, while environmental activists have repeatedly called for greater transparency in project approvals across several housing sites.

President Ruto’s administration has made affordable housing one of its signature legacy projects to rely on in his 2027 re-election bid.