A three-judge bench of the High Court comprising Justice Angote, Justice Charles Mbogo, and Justice Achieng has delivered a significant judgment partially allowing a constitutional petition challenging the legality of the Southlands Affordable Housing Project.
The court held that the petitioner had partially established the case and proceeded to issue a series of declarations and remedial orders under Articles 22 and 23(3) of the Constitution, which empower courts to enforce the Bill of Rights and grant appropriate reliefs including declarations, injunctions, and judicial review orders.
The bench found that the respondents, in approving and implementing the project, failed to comply with constitutional and statutory requirements, particularly under Articles 10, 42, 47, 69, and 70 of the Constitution, as well as obligations under the Environmental Management and Coordination framework, including the Environmental Management and Co-ordination Act
The court held that there was failure to undertake a proper Environmental Impact Assessment (EIA) and to obtain a valid EIA licence prior to commencement of the project, thereby undermining environmental governance safeguards and public participation requirements.
The court issued declarations that the actions and omissions of the relevant respondents in advancing the project violated constitutional rights and environmental obligations.
It further declared that no Environmental Impact Assessment licence may be issued for the Southlands Affordable Housing Project unless there is full compliance with the law, including meaningful public participation, approval by relevant lead agencies, and completion of a comprehensive Environmental and Social Impact Assessment.
In a major blow to the project’s regulatory approvals, the court issued an order quashing EIA Licence Number NEMA/EIA/PSL/0001425, which had been issued on December 16, 2025.
The bench further issued a prohibitory injunction restraining all respondents, their agents, contractors, and representatives from commencing or continuing any construction or related activities on the Southlands Affordable Housing Project until full legal compliance is achieved.
This includes compliance with public participation requirements, approval from all relevant lead agencies, and issuance of a valid EIA licence by the National Environment Management Authority.
The ruling effectively pauses implementation of the controversial housing project until environmental and constitutional safeguards are fully observed, marking a significant precedent on public participation and environmental compliance in development projects.
