Supreme Court clears path for Nairobi’s vertical growth as demand for high-rise buildings rises

The Supreme Court has overturned the 20-floor restriction imposed by lower courts in the Rhapta Road zoning dispute, clarifying the legal framework governing building heights and development control in Nairobi in a decision that could shape the city’s future skyline.

In its judgments on the Rhapta Road and Mbaazi Avenue zoning disputes delivered on Friday, October 30, the Supreme Court ruled that the Nairobi City County Development Control Policy, 2021, was a draft document that had not acquired the force of law and could therefore not be relied upon independently to determine zoning classifications or impose building-height restrictions.

The decisions clarify that the responsibility for establishing zoning regulations and determining permissible building heights rests with the relevant planning authorities operating within the law, rather than courts prescribing development limits.

Source: TV47 News