Court halts 15,000-unit Southlands housing plan over legal gaps

President William Ruto’s flagship affordable housing plan in Lang’ata has been put on hold after the Environment and Land Court stopped the planned construction of 15,000 housing units, citing failure to follow required legal and environmental steps before breaking ground.

A bench of three judges on Friday found that state agencies and the Ministry of Housing moved ahead with the Southlands Affordable Housing Project without proper public engagement and without completing a full environmental and social impact assessment.

“A declaration thus is hereby issued that no environmental impact assessment, license, or approval, shall be issued in respect of the Southland's affordable housing project unless and until there is full compliance with the law, including a meaningful and effective public participation as captured in this judgment,” said the court.

The judges further ruled that the project cannot continue until all legal approvals are obtained from the relevant government bodies in line with the law.

The court also nullified an earlier approval issued by the National Environment Management Authority in December 2025, directing that a fresh environmental and social impact assessment must be carried out before any further steps are taken.

The case was brought forward by Busia Senator Okiya Omtatah, who argued that the project lacked a clear water supply plan and could trigger serious strain on basic services, affecting both incoming residents and those already living in Lang’ata.

He also raised concern that the existing sewer system in the area is already overloaded and would not handle the increased demand from thousands of new housing units.

Omtatah further told the court that the planned 17-storey blocks would rise above surrounding homes, allowing residents to see directly into private spaces and interfering with the right to privacy.

He added that the development could push down property values in Lang’ata due to increased congestion, pressure on infrastructure, and reduced access to essential services.

The senator, together with activists under the Lang’ata Reject AHP Committee, also questioned whether the land was properly allocated, saying it was originally reserved for roads, railways and environmental buffer zones.

Housing and Urban Development Principal Secretary Charles Hinga opposed the case, asking the court to allow construction to proceed as planned.

He said claims about environmental harm, water shortages, sewer overload, privacy invasion, security risks and traffic issues were not supported by evidence and were overstated.

Hinga also told the court that technical assessments showed the project met aviation safety rules, with building designs adjusted to avoid interference with flight paths linked to Wilson Airport.

He added that the design includes upgraded drainage systems, traffic control plans and improved infrastructure developed in partnership with Nairobi City Water and Sewerage Company, Kenya Power and other agencies.

“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 Southlands project was launched in March 2025 and was expected to deliver about 15,000 housing units alongside a primary school as part of the government’s urban housing programme.