Civil Appeal No. E160 of 2025 Claire Kubochi Anami & Others suign as Officials of Rhapts Road Residents Association v County Executive Committee Member, Built Environment & Urban Planning, Nairobi City County and 19 Others
Executive Summary
On 19 September 2025, the Court of Appeal delivered a landmark decision addressing zoning, planning instruments, and development approvals along Rhapta Road in Westlands, Nairobi. The Court upheld the right of developers to proceed with projects up to 20 floors, confirmed that Rhapta Road falls within Zone 3C, and directed Nairobi City County to finalise and gazette lawful zoning frameworks within six months.
CM Advocates LLP, through our Dispute Resolution & Appellate Practice Group, acted for one of the developers in this case. The judgment provides greater certainty for investors and developers in Nairobi’s real estate market.
Key Findings
- Zoning Classification
Rhapta Road was confirmed as Zone 3C, permitting developments of up to 20 floors, subject to compliance with infrastructure and environmental requirements.
- Planning Instruments
- 2004 Zoning Guidelines: Declared obsolete and unenforceable.
- NIUPLAN 2016: Valid city-wide strategic framework, but not parcel-specific.
- 2021 Nairobi Development Control Policy: Recognised as a legitimate administrative guide, pending County Assembly approval and gazettement.
- Environmental Licences
- NEMA approvals issued to the developers were upheld as valid; no evidence of illegality or procedural defect was established.
- Structural Orders
Nairobi City County must finalise, approve, and gazette comprehensive zoning and development control instruments within six months. The County is also required to provide interim progress reports to the Court.
- Costs
Each party will bear its own costs, reflecting the public interest nature of the litigation.
Implications for Developers
- Certainty on height limits: Projects on Rhapta Road may proceed up to 20 floors under Zone 3C classification.
- Investment protection: Lawfully issued approvals remain valid; retroactive demolition was expressly declined.
- Policy reform timeline: Developers should anticipate new, binding zoning policies within six months.
- Engagement opportunity: Upcoming public participation processes will provide a platform for developers to influence the new framework.
- Global alignment: The Court’s reasoning reflects international best practice in sustainable urban planning, aligning with UN-Habitat guidelines.
How We Can Assist
Our Dispute Resolution & Appellate Practice Group is available to:
- Assess how this ruling may affect current or planned projects.
- Advise on compliance with planning and environmental frameworks.
- Represent developers in disputes before planning bodies or courts.
- Support participation in Nairobi’s upcoming zoning consultations.
- Provide strategic appellate advocacy in complex land use and zoning matters.
Contact Us
For further information, please contact our Dispute Resolution & Appellate Practice Group: Email: disputeresolution@cmadvocates.com
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