By Editorial Team
NAIROBI, June 26, 2026 — The Court of Appeal has fast-tracked a contempt of court case against the Nairobi County Government, setting July 7 as the hearing date in a legal battle that could shape the future of urban planning and public accountability in the capital.
The case pits the county government and the County Executive Committee Member for Built Environment and Urban Planning against residents’ groups, who accuse the county of defying court orders requiring it to establish a lawful planning framework and curb irregular development approvals.
The dispute arose after the Court of Appeal issued a structural interdict directing Nairobi County to halt unlawful planning approvals and prepare a Local Physical and Land Use Development Plan in accordance with the Physical and Land Use Planning Act. However, residents claim the county ignored the court’s directives and failed to meet the March 19, 2026 compliance deadline.
As a result, the Kileleshwa Ward Neighbourhood Association (KIWANA), together with Metro Alliance, filed a contempt application on April 9, arguing that the county’s continued failure to implement the orders has weakened urban planning and exposed Nairobi residents to avoidable risks. The groups also link the alleged inaction to the recent devastating floods, saying poor planning and unchecked developments have worsened the city’s vulnerability to disasters.
Meanwhile, Nairobi County has sought a six-month extension to comply with the court’s directives. The application is supported by an affidavit sworn by the county’s Chief Officer for Urban Planning, Patrick Analo Akivaga.
However, the county’s defence has come under fresh scrutiny following Akivaga’s recent arrest by the Ethics and Anti-Corruption Commission (EACC) over investigations into alleged unexplained wealth. Resident groups argue that the investigation highlights deeper governance challenges within the planning department, which they accuse of approving developments that violate zoning regulations, including high-rise buildings exceeding the permitted height limits in Kileleshwa.
The Court of Appeal has certified the matter as urgent and directed that it be heard by a three-judge bench appointed by the President of the Court of Appeal. The proceedings will be conducted virtually on July 7 from 9 a.m.
To speed up the hearing, the court has limited each party’s written submissions to three pages and directed all advocates appearing virtually to do so in full court attire.
The outcome of the case is expected to set an important precedent on enforcement of court orders, accountability in county governments and compliance with urban planning laws. The petitioners say a ruling in their favour would strengthen orderly development, protect neighbourhood zoning regulations and help prevent future environmental disasters in Nairobi.
