Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedNot stated in the judgment (Judicial Review Notice of Motion dated 30th September, 2024)· [2026] KEELC 683 (KLR)

Northern Block Residents Ltd v National Environment Management Authority & 2 others (Environment and Land Case Judicial Review Application E001 of 2024) [2026] KEELC 683 (KLR)

Environment and Land Court of Kenya
12 February 2026
15,129 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~61 min to read original · ~4 min brief

The bottom line

#

The Environment and Land Court dismissed residents' attempt to block a Peponi Road apartment development, ruling that public participation and zoning requirements were properly met.

What this practically means

#

Executive summary

#
The Applicant, an umbrella organisation of resident associations, moved the Environment and Land Court by Notice of Motion dated 30th September 2024 seeking certiorari to quash EIA Licence NEMA/EIA/PSL/22271 and Development Permission PLUPA-COU-000269 granted for a 48-unit multi-dwelling development on LR No. 1870/VIII/112 along Peponi Road, together with prohibition against continued construction and declarations of breaches of public participation, fair administrative action and zoning requirements. The Respondents challenged the competence of the Motion, the Applicant's standing and compliance with statutory processes; the 3rd Respondent also contended the development was in a regulatory zoning gap and that stopping it would cause loss exceeding Kshs. 450 million expended. Framing five issues, the court first held the Motion competent, the same objections having been rejected at the leave stage. On the merits, it found the project was medium-risk, requiring only a project report for which gazettement, newspaper publication and public hearings are not mandatory, and that consultation through sixteen questionnaires was reasonable and sufficient; the presumption of regularity covered circulation to lead agencies. Newspaper publication and an on-site notice satisfied Sections 58(7) and (8) PLUPA and Regulation 15 of the 2021 Regulations. Although it affirmed that the unapproved Nairobi City County Development Control Policy, 2021 (2023) remains the operative zoning benchmark, the court accepted unrebutted expert evidence of Planner Daniel Kabiru that the plot falls in an unclassified gap between Zone 13B and Karura Forest, not within Zone 13B. The Motion was dismissed with costs.

Key legal issues

#
01

Whether the Motion was competent in light of objections on standing, exhaustion and time-bar

Holding

The Motion was competent; the same objections had been rejected at the leave stage and could not be re-litigated; internal corporate nomenclature issues did not affect capacity, given broad constitutional standing.

Reasoning

The court held the objections mirrored those canvassed and rejected at the leave stage on 26th September 2024. Questions of internal titles or corporate structure could not deprive the Applicant of standing, particularly given the broad standing conferred by Articles 22, 258 and 70 in environmental matters. The court found the challenged decision-makers are public bodies and the Applicant had locus standi.

p. 15
02

Whether public participation preceded the EIA Licence

Holding

Yes; the project was medium-risk, requiring only a project report, and consultation through questionnaires and interviews satisfied the applicable framework.

Reasoning

Regulation 17 applies to study reports, not project reports. The development had fewer than 100 units and thus required a Comprehensive Project Report under Part II of the 2003 Regulations. Sixteen questionnaires were administered in the locality, and the report disclosed impacts and mitigation. Failure to consult the Applicant specifically, incorporated only in September 2022, could not vitiate the process; the presumption of regularity covered circulation to lead agencies.

p. 22
03

Whether public participation preceded the development permission

Holding

Yes; publication in the Daily Nation on 14th July 2022 and an on-site notice met Sections 58(7) and (8) PLUPA and Regulation 15 of the 2021 Regulations.

Reasoning

The Applicant's assertion that the site notice was erected only in May 2023 was unsupported by cogent, credible or contemporaneous evidence. The court applied the presumption of regularity and British American Tobacco principles that the decision-making body bears a positive obligation to ensure meaningful participation, which the newspaper publication and site notice discharged.

p. 25
04

Whether the development permission contravened the Nairobi City County Development Control Policy, 2021 (2023)

Holding

No; although the Policy is operative and binding pending approval, the suit property was shown by unrebutted expert evidence to fall outside Zone 13B in an unclassified gap.

Reasoning

The court affirmed that the unapproved Policy remains the operative benchmark, following its own decision in Anami and the Court of Appeal's affirmation. However, Planner Daniel Kabiru's unrebutted expert report placed the plot between Zone 13B and Karura Forest, a gap with mixed-use high-rise developments. The Applicant produced no expert evidence to the contrary, and per Anami, zoning is a matter for statutory and expert evidence.

p. 28

Legal principles established

#
  • The unapproved Nairobi City County Development Control Policy, 2021 (2023) remains the operative benchmark for zoning and development control decisions until formally replaced or lawfully varied.
  • Zoning classifications must be proved by statutory and expert evidence, not impressionistic or unsupported assertions.
  • For medium-risk projects requiring only a project report, the law does not require gazettement, newspaper publication or public hearings, provided reasonable consultation mechanisms are undertaken.
  • The presumption of regularity applies to official acts and can only be displaced by cogent, clear and uncontroverted evidence.
  • Judicial review is primarily concerned with the decision-making process, not the merits, though Article 47 and the Fair Administrative Action Act permit limited merit review.

Court orders

#
  1. 1.The Notice of Motion dated 30th September, 2024 is dismissed with costs to the Respondents.
Jurisdiction invoked
Sections 8 and 9 of the Law Reform Act, Order 53 of the Civil Procedure Rules, Articles 47, 42, 69, 70 and 258 of the Constitution of Kenya, 2010 (Environment and Land Court jurisdiction)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Northern Block Residents Ltd v National Environment Management Authority & 2 others (Environment and Land Case Judicial Review Application E001 of 2024) [2026] KEELC 683 (KLR)", Case Analysis (2026). Not stated in the judgment (Judicial Review Notice of Motion dated 30th September, 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/683/eng@2026-02-12

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.