The Kiambu County Executive Committee Member (CECM) for Land, Housing, Physical Planning, and Urban Development is once again in hot water following a recent judgment by the Environment and Land Court (ELC) in Thika.
Residents of Kisiwa West, frustrated by what they deemed illegal development activities in their area, filed an appeal challenging the Kiambu County Government’s decision to grant approvals and permits to a developer in violation of existing zoning policies.
The residents argued that the permits were issued contrary to the area’s zoning regulations, which only allow for single-dwelling residential developments.
The court’s judgment, delivered on July 24, 2024, by Justice Eboso, pointed out significant errors and lapses in the county’s development control processes.
These oversights have had disastrous consequences, not just for the residents of Kiambu County but also for communities across Kenya grappling with similar issues.
The appeal was lodged against a determination made by the Kiambu County Physical and Land Use Planning Liaison Committee. In his ruling, Justice Eboso made several critical findings
- The court held that the Kiambu County CECM does not have the authority to hear appeals against her own decisions. This highlights a significant conflict of interest and underscores the need for impartiality in the appeals process.
- Justice Eboso emphasized that when a development approval is rejected, the process of public participation must start afresh, in accordance with Rule 16 of the Physical and Land Use Planning (General) Development Permission and Control Regulations 2021.
- This ruling reinforces the importance of transparency and community involvement in development decisions.
This precedent-setting judgment underscores the lapses within the Kiambu County Government’s handling of development control and serves as a significant relief for many Kenyans who have faced challenges with illegal developments in their communities.
The ruling is expected to have wide-reaching implications for future development projects, ensuring that zoning laws and public participation processes are strictly adhered to.
The CECM’s actions, now under intense scrutiny, may lead to further legal challenges and could potentially trigger reforms in how development approvals are managed not only in Kiambu County but across the country.
Residents and observers alike are keenly watching the developments, as this case has the potential to reshape the landscape of urban planning and land use in Kenya.
