Court nullifies Sh5 billion Kanduyi Smart City Project, orders airstrip restoration
The Environment and Land Court in Bungoma has nullified a Sh5 billion affordable housing project at Kanduyi Airstrip, declaring the tender process and contract unconstitutional and ordering the land restored to its original state within 45 days. Justice Kossy Bor ruled that the project, valued at Sh5.02 billion, was unlawfully initiated on public land reserved [...] The post Court nullifies Sh5…
The Environment and Land Court in Bungoma has invalidated a Sh5 billion affordable housing project at Kanduyi Airstrip, ruling the tender process and contract unconstitutional and directing the restoration of the land. Justice Kossy Bor found the project, costing Sh5.02 billion, unlawful due to the lack of a lawful change of use, public participation, and environmental impact assessment on public land designated for aviation.
The dispute stemmed from three petitions challenging the 2,034-unit development, which the court determined could not lawfully occur without proper procedures for altering land use. The court criticized the government for conducting public participation too late and failing to conduct a comprehensive environmental impact assessment.
Additionally, the National Land Commission was rebuked for not demonstrating proper planning, surveying, and allocation of the land per the law. The court ordered the respondents to cease any development on the land without proper legal changes, public engagement, and compliance with environmental regulations. They were also given 45 days to conduct an environmental planning and land-use audit, with the Kenya Airports Authority and the National Land Commission required to investigate if additional parcels of land are part of the airstrip reserve.
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