Okiya Omtatah has urged the High Court to permanently stop the disputed Lang’ata Affordable Housing Project, arguing that the development violates the Constitution, lacks proper public participation and poses potential aviation safety risks.
In submissions filed before the court, Omtatah maintained that the project was initiated without adequate involvement of the public, including failure to conduct radio announcements or properly engage affected communities as required by law.
He told the court that the location of the proposed development is unsuitable for an affordable housing project and raises serious safety concerns.
The senator argued that the project violates Articles 42, 62 and 66 of the Constitution by undermining environmental rights, misusing public land and disregarding regulatory controls on land use.
He also accused the respondents of acting in bad faith and presenting what he described as fabricated evidence in an attempt to mislead the court.
Omtatah further raised concerns about aviation safety and the absence of proper licensing when the petition was initially filed on July 20. According to the submissions, the necessary approvals were only issued later on December 16, 2025.
The petitioner maintained that the respondents are not entitled to the reliefs they are seeking and urged the court to allow the petition as filed.
As part of the orders sought, Omtatah is asking the court to issue a permanent injunction stopping the Lang’ata Affordable Housing Project, arguing that allowing it to proceed would result in continued and irreversible constitutional violations.
Principal Secretary for Housing Charles Hinga in his submissions, defended the government’s Lang’ata Affordable Housing project, insisting that due process was followed and public participation adequately conducted.
In an affidavit filed in court, Hinga stated that the government undertook extensive public engagement before the project was initiated, dismissing claims by petitioners that the process lacked transparency and inclusivity.
He argued that the project aligns with national values enshrined in Article 10 of the Constitution, particularly the principles of democracy and public participation.
Hinga further emphasized that the government has a constitutional obligation to provide adequate housing to citizens, noting that the affordable housing programme is a key component of that mandate.
“The state has a duty to ensure access to housing for its people, and this project is part of that broader responsibility,” he stated.
The PS urged the court to dismiss the petition challenging the project, maintaining that the claims raised are unfounded and do not meet the threshold for halting the development of national importance.
The three-judge bench, presided over by Justice Angote alongside Justice Charles Mbogo and Lady Justice Aburili, is set to deliver its judgment on May 29, 2026.
