President William Ruto inspecting the ongoing affordable housing project in Kibera Highrise, Langata Constituency in Nairobi on November 22, 2023.
Busia senator Okiya Omtatah has moved to court to block the construction of about 15,000 affordable housing units in Lang’ata, claiming that the project was being undertaken on a parcel of land set aside for a transport corridor.
Mr Omtatah said in the petition that the affordable housing project was being undertaken in blatant contravention of the law, as there was no public participation exercise, no approval by the National Land Commission and proper titling.
The legislator said the housing units were being constructed on a stretch set aside as a transport corridor and a buffer zone in Lang’ata area.
President William Ruto, Nairobi Women Rep Esther Passaris during the inspection of the on-going construction of the 4,054-unit Kibra Soweto East Affordable Housing Project in Kibra, Nairobi County.
“The land is now at imminent risk of unlawful alienation through a fraudulent scheme in which the national government uses public money to fund private developers to construct housing units on such public land without adhering to both the law and the procedure for converting public land into private land under Kenyan law,” Mr Omtatah said.
Environment and Land court judge Judy Omange directed Mr Omtatah to serve the petition upon the Ministry of Land, Housing and Urban Development, among other respondents, ahead of the hearing on July 22.
The Busia senator said the decision to convert a road reserve into high-rise residential apartments comprising 17 floors without following the law demonstrates a reckless abuse of power and calls for immediate judicial scrutiny.
Mr Omtatah said the residents of Lang’ata, who will be directly affected by the development, were not informed or consulted, denying them an opportunity to voice their concerns.
He said the project was being forced upon the community without their input, contrary to the principles of good governance, transparency, and accountability as stated in the constitution.
He said vibrations from the ongoing excavations are damaging the existing houses and already causing damage to the residential homes adjacent to the site.
Mr Omtatah said the excavation was being carried out in the backyard of the existing residential homes and on the buffer zone of Southlands, Park 1, Civil Servants, Uhuru Gardens and Maasai estates in Lang’ata.
He said houses on LOT 3 of the project, which are directly adjacent to the Southern Bypass, at the back side of Southlands Estate, are the most affected as their buffer zone has been breached.
“Without mentioning the noise the residents are subjected to, the oppressive state of affairs is adversely affecting air quality, visibility, use of the backyards and general security of the area noting the height of the debris which continues to rise vis-a-vis the height of the backyard security walls,” he said.
He said he wrote to the National Environment Management Authority (Nema) on March 21, 2025, seeking to know whether the project had been subjected to an Environmental and Social Impact Assessment.
Mr Omtatah said Nema confirmed that the housing project had not been subjected to the process.
“Since Nema confirmed in writing that the Southlands Affordable Housing Project was being implemented in contravention of the law, which Nema is supposed to enforce, the petitioner had a legitimate expectation that Nema would stop the project and demand compliance with the law,” he said.
The Senator said on May 8, 2025, the Kenya Civil Aviation Authority convened a meeting with 48 aviation companies to deliberate on a proposed project, a confirmation that housing units will affect the aviation industry.
President William Ruto inspecting the ongoing affordable housing project in Kibera Highrise, Langata Constituency in Nairobi on November 22, 2023.
He added that water scarcity in Lang’ata is already a persistent issue, with the current population of over 50,000 residents struggling with an inadequate supply.
He said the proposed 15,000 housing units could bring an additional 70,000 people, worsening the water crisis.
Mr Omtatah said that without a clear plan for water provision, the project risks creating a humanitarian crisis, affecting not only new residents but also the existing community.
He added that the sewer infrastructure in Lang’ata is substandard and already overstretched.
Further, the 17-storey buildings will tower over surrounding maisonette homes, allowing occupants to have direct, intrusive views into private residences and bedrooms, thereby violating the right to privacy.
He argued that the project will significantly impact property values in Lang’ata as the influx of thousands of new residents, coupled with reduced access to essential services, increased congestion, and deteriorating environmental conditions, will devalue existing properties.
Mr Omtatah said this would negatively affect homeowners and investors who have long developed and maintained the area as a stable residential neighbourhood.
