The head of the National Environment Management Authority (Nema), Director-General Mamo Boru Mamo, risks imprisonment for approving the Southlands Affordable Housing project in Lang’ata, Nairobi County, in defiance of a court order.
Busia Senator Okiya Omtatah has told the Environment and Land Court that Dr Mamo issued an environmental impact assessment (EIA) licence on December 16, 2025, allowing construction to proceed even though three judges had suspended the project on December 11, 2025.
The senator is asking the court to hold Dr Mamo in contempt and commit him to a civil jail for six months or until he complies with the order.
“Punishing this contempt is essential to uphold the rule of law, maintain public confidence in the judicial system and deter state officers and organs from treating court orders as optional,” Mr Omtatah said in his petition.
According to the senator, the issuing of the licence amounts to wilful disobedience and interference with justice. “The violation and disrespect of this honourable court should not go unpunished. The contemnor, as disclosed, should be punished ... in accordance with the law,” he added.
The Southlands project, launched in March 2025, was presented by government officials as a model development that would deliver 15,000 housing units and a primary school.
However, Omtatah, supported by the Lang’ata Reject AHP Committee, argues that the project sits on public land originally designated for roads, railways, and environmental buffer zones.
The petition further accuses the Ministry of Lands, the National Land Commission, and Nema of illegally converting protected public land into private residential use without proper public participation or environmental safeguards.
The government has defended the project, calling it a lawful and urgent step to tackle the country’s housing shortage. State lawyers told the court that the right to housing justifies quick implementation and said that environment and land-use rules were followed. Petitioners, however, argue that no valid EIA permit has been produced.
Senator Omtatah and other petitioners also claim that construction debris has blocked emergency routes, putting Lang’ata residents at risk.
They point out that the conversion of a road reserve into 17-storey residential blocks shows abuse of power and demands immediate judicial review.
The senator says residents were not consulted, denying them a chance to express concerns.
“The project is being forced on locals without their input,” he said, calling it contrary to the principles of good governance, transparency, and accountability in the Constitution.
He warned that Lang’ata already faces water shortages, with over half a million people struggling with supply. The new 15,000 units could bring an additional 70,000 residents, worsening the crisis.
The senator also highlighted that sewer infrastructure in the area is weak and overstretched.
Finally, he noted that the 17-storey buildings would tower over existing maisonettes, giving occupants direct views into private homes and compromising privacy.
