Nairobi Governor Johnson Sakaja has received a major boost after the Court of Appeal affirmed that the city’s urban development must proceed under clear, transparent, and modern planning rules.

In a landmark ruling on the Rhapta Road zoning case, the judges acknowledged the county’s ongoing use of the 2021 Development Control Policy as a guide and gave City Hall six months to finalize and gazette updated zoning laws.

The decision ensures that development continues, but within a framework that protects the environment and guarantees public participation.

Governor Sakaja, who has consistently championed structured urban growth under his “Let’s Make Nairobi Work” agenda, is seen as the biggest winner. The ruling empowers his administration to deliver a modern skyline while safeguarding infrastructure, community rights, and investor confidence.

By insisting on lawful, predictable, and participatory planning, the Court effectively validated Sakaja’s push for an orderly and sustainable capital.

This means that Nairobi’s skyline may continue to rise, but only on the foundation of lawful, transparent, and capacity-conscious planning.

The residents of Rhapta Road had challenged a cluster of high-rise development approvals, some reaching 28 floors, issued by Nairobi City County and licensed by the National Environment Management Authority (NEMA).

The residents had argued that, in the absence of an updated zoning framework, the approvals violated the Constitution, planning statutes, and environmental rights.

The developers and county authorities countered that the approvals were consistent with Nairobi’s transition to modern planning instruments and followed due process.

On the zoning of Rhapta Road, the Court held that the road properly falls within Zone 3C, with a 20-floor ceiling subject to technical and environmental constraints.

The appellate court faulted the Environment and Land Court for relying on Google Maps instead of documentary evidence in issuing previous stay orders.

The judgment emphasizes three constitutional imperatives, predictability through codified and enforceable plans; transparency through published standards and genuine public participation; and capacity-linked growth, ensuring approvals align with infrastructure and cumulative environmental impacts.