The National Environment Tribunal (NET) has issued temporary orders suspending construction work on the controversial Southlands Affordable Housing Project in Lang’ata, Nairobi.
The project, which plans to erect 17-storey apartment blocks to accommodate 15,950 residential units, now faces legal headwinds following a successful appeal filed by Busia Senator Okiya Omtatah.
The decision comes amid growing public opposition and environmental concerns over the legality of the government-backed development, which was set to break ground within weeks.
“Pending the hearing and determination of this application and/or appeal, this Honourable Tribunal is pleased to issue a temporary prohibitory injunction,” read the order delivered by Tribunal Chairperson Emmanuel Mumia.
The ruling restrains the Ministry of Lands, Public Works, Housing, and Urban Development along with its agents, contractors, and developers from proceeding with any part of the project, which sits on what residents and environmentalists say is a public utility zone earmarked as a transport corridor and noise buffer.
In his appeal, Senator Omtatah challenged the project’s legality on the grounds that it had not undergone the mandatory Environmental Impact Assessment (EIA) process as stipulated under Section 58 of the Environmental Management and Coordination Act (EMCA), Cap 387.
“The subject project has not been subjected to an EIA in line with the requirements of section 58 of EMCA CAP 387,” the National Environment Management Authority (NEMA) acknowledged in a letter dated March 26, 2025, in response to Omtatah’s inquiry.
Omtatah further pointed out that this omission violates a core provision of the law requiring any large-scale development, especially one involving housing or infrastructure, to be environmentally vetted and licensed before commencement.
“Without a doubt, it violates Section 58(1), (2) & (3) of EMCA,” he stated in the appeal. “The project has been illegally green-lit despite lacking statutory approvals.”
The Tribunal noted that under Section 129(4) of EMCA, the status quo must be preserved once an appeal is lodged—effectively freezing any development until a full hearing takes place.
Omtatah’s legal challenge echoes growing unrest among Lang’ata residents, who say the project is being forced upon them without their knowledge, consent, or input.
“The area residents were just ambushed by the project,” the appeal reads. “They only realized it was happening after surveyors began working within their community.”
Despite the constitutional requirements for public participation under Articles 10(2)(a) and 69(1)(d) of the 2010 Constitution, residents say no forums or consultations were held.
“This is not just about buildings; it’s about our lives, our environment, and our right to be heard,” said a resident of Uhuru Gardens Estate who declined to be named for fear of reprisal.
Critics of the Southlands project warn that the sudden introduction of nearly 16,000 housing units in an already strained neighborhood could be catastrophic.
Current water supply is limited to once per week in many of the affected estates, while existing drainage and road networks are reportedly inadequate to handle the proposed density.
“It is unfathomable that AHP is intending to develop an additional 15,950 residential units in the area,” Omtatah argued. “This will cause a major strain on infrastructure, water, drainage, and social amenities.”
Additionally, the project’s location adjacent to Nairobi National Park, Lang’ata Barracks, and Wilson Airport has raised alarms about security, safety, and wildlife conservation.
“No studies have been conducted to establish the impact the 17-storey buildings and the high population will have on strategic national facilities nearby,” Omtatah warned.
Aerial navigation at Wilson Airport, which requires a clear flight path, and wildlife migration corridors through the park could be significantly disrupted, according to the appeal.
Perhaps most damning is the project’s apparent disregard for legal protocols.
Further, under Sections 55 to 68 of the Physical and Land Use Planning Act (2019), approval from Nairobi County should have been sought and obtained, which Omtatah says did not happen.
Residents in neighboring estates such as Southlands, Civil Servants, and White House have also raised concerns about how the development will affect the neighborhood’s character and property values.
“Introducing 15,950 affordable units in a low-density, high-value area will disrupt the housing market,” Omtatah’s filing reads.
“Real estate analysts estimate property value drops of 5–15% due to the project’s density and character change.”
