The Nairobi housing market is entering a transformative era following a landmark Court of Appeal ruling that sets new standards for high-rise developments. Corporate commercial law expert Divinah Sarange explains how this judgment provides a clear blueprint for balancing Nairobi’s rapid vertical growth with public safety, infrastructure capacity, and sustainable urban planning.
Landmark ruling reshapes Nairobi’s skyline
On 19 September 2025, the Court of Appeal delivered a judgment in Claire K. Anami & Others v. County Executive Committee Member & Others, establishing a new legal framework for Nairobi’s high-rise boom.
Triggered by growing tensions between suburban residents and developers, and following the tragic collapse of a 12-storey building in South C that killed two people, the ruling now serves as the authoritative guide for the Nairobi real estate market 2026.
The case highlighted a dangerous policy vacuum. While the 2004 Zoning Guidelines capped buildings at four floors, the 2021 Draft Development Control Policy—which reclassified areas such as Westlands into “Zone 3C” permitting up to 20 floors—was never formally gazetted. Consequently, approvals were being issued without proper legal or infrastructural oversight.
Key issues affecting residents
Rapid vertical expansion has transformed Nairobi’s skyline. Towers exceeding 30 floors now dominate quiet suburban streets, prompting objections from associations like the Rhapta Road Residents Association. Their concerns centred on safety, infrastructure capacity, and the absence of genuine public participation in approvals.
The court recognised that while Nairobi’s housing market must accommodate population growth through high-rise development, approvals cannot be automatic. Developers are now required to demonstrate that the surrounding infrastructure—water, sewage, electricity—can support taller buildings.
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Structural interdict: Three pillars of responsible development
The Court of Appeal issued a structural interdict, placing Nairobi City County under strict supervision to ensure sustainable urban growth. The ruling establishes three non-negotiable pillars:
- Mandatory gazettement – All zoning plans must be legally formalised within six months, ending discretionary approvals behind closed doors.
- Infrastructure-first approvals – Projects can only proceed if water, electricity, and sewage capacity are verified to accommodate the development.
- Genuine public participation – Residents must be fully involved in consultations, with access to technical data before approvals are granted.
This ensures future high-rise projects in Nairobi real estate market 2026 are aligned with both legal standards and public interest.
Implications for Nairobi’s skyline and developers
The ruling signals the end of “blank check” approvals. Developers can still expand vertically, but growth must now be lawful, sustainable, and mindful of the city’s long-term livability.
For the Nairobi property market, the judgment provides:
- Predictability – Developers with legitimate approvals are protected.
- Transparency – Pending and future projects must comply with newly gazetted zoning laws.
- Safety and sustainability – Infrastructure capacity and public oversight are now legally required.
Vertical expansion in Nairobi will continue, but the days of rapid, unregulated high-rise construction are over.
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Looking ahead
As Nairobi densifies, the Nairobi housing market is entering a more disciplined and transparent era. The Rhapta Road decision ensures that vertical growth is balanced with the capacity of underlying infrastructure, environmental sustainability, and community participation.
For investors, developers, and urban planners operating within the Kenya real estate market, this landmark ruling provides a reliable roadmap to navigate Nairobi’s expanding skyline safely and sustainably.
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