Editor’s note: In this article, Divinah Sarange, a corporate commercial law expert, delves into the Court of Appeal’s landmark ruling on the expansion of Nairobi’s skyline. She examines the critical role of the ruling in addressing the city’s high-rise building boom. Sarange explores how the court’s decision outlines a new blueprint for the city’s development, emphasising the need for mandatory zoning gazettement, infrastructure-first approvals, and genuine public participation.
In a landmark ruling delivered on September 19, 2025, the Court of Appeal in Nairobi charted a new course for the city’s rapid vertical expansion.
Source: Getty Images
The case of Claire K. Anami & Others v. County Executive Committee Member & Others was born from a high-stakes clash between suburban tradition and aggressive urban expansion.
As Nairobi enters 2026 and in the wake of the devastating collapse of a 12-storey building in the South C area of Nairobi, which resulted in two fatalities, this judgment has transitioned from a local dispute into the definitive guide for how Kenya’s capital must balance private investment with public order and environmental sustainability.
How are Nairobi’s high-rise developments affecting residents?
The contention centred on a dramatic shift in the city’s skyline. Massive towers, some scaling 30 floors, began looming over quiet family bungalows, prompting the Rhapta Road Residents Association to cry foul.
They exposed a dangerous “policy vacuum”: the city was effectively operating without a map.
While the 2004 Zoning Guidelines (which capped buildings at four floors) were hopelessly obsolete, the newer 2021 Development Control Policy remained a legal ghost, having never been formally gazetted by the county assembly.
Source: UGC
The Court of Appeal’s decision was nuanced: It ruled that Nairobi must go vertical to accommodate its growing population, but this growth cannot be accidental.
The judges recognised that while the 2021 Draft Policy reclassified areas like Westlands into “Zone 3C”, allowing for heights up to 20 floors, these approvals are not a “blank check.” They are a privilege granted only when the surrounding infrastructure can support the extra load.
How will the structural interdict reshape Nairobi?
What makes this judgment a true value-add for the future is the Court’s issuance of a structural interdict. This powerful judicial tool places the Nairobi City County under strict supervision to ensure the city doesn’t collapse under its own weight.
The court’s guidance establishes three non-negotiable pillars, which include mandatory gazettement, whereby the county has a strict six-month window to formally legalise its zoning plans. This ends the era of “discretionary approvals” handled behind closed doors.
Infrastructure-first approvals, such that no major project should be approved unless there is documented proof that the water, electricity, and sewage systems have the capacity to handle the development.
There needs to be authentic public participation, as residents now have a legal seat at the table. The court mandated that consultations must be genuine, allowing neighbours to vet the technical data before a skyscraper breaks ground.
What changes are coming to Nairobi’s skyline?
For anyone looking at the skyline in 2026, the message is clear: the days of “discretionary approvals” are ending. The court affirmed that while the city may “rightly reach for the clouds,” its growth must be rooted in law and intergenerational equity, protecting the livability of Nairobi for future generations.
Source: Getty Images
This decision provides a predictable roadmap. It protects developers who obtained permissions in good faith but warns that all pending and future projects must align with the new, transparent zoning laws currently being finalised.
As Nairobi densifies, the Rhapta Road decision ensures that vertical development is no longer a race to the top at the expense of the ground below.
The author is Divinah Sarange, a founding partner at SMC Legal, a legal firm specialising in corporate commercial law based in Nairobi and Mombasa.
Views expressed in this article are solely those of the author and do not necessarily reflect the official position of TUKO.co.ke.
Source: TUKO.co.ke
