The Environment and Land Court has nullified the multibillion-shilling Kanduyi Airstrip Smart City Affordable Housing Project in Bungoma County, ordering the restoration of the disputed public land within 45 days.
The government’s plan to construct 2,034 affordable housing units at Kanduyi Airstrip has suffered a major setback after the Environment and Land Court in Bungoma declared the project unconstitutional and unlawful.
In a judgment delivered virtually on October 8, 2026, Justice K. Bor ruled that the project violated legal requirements governing public land, environmental protection, physical planning and public participation.
The court directed the respondents to restore the approximately 36.95-acre parcel of land, identified as Bungoma Township/345, to its original state within 45 days, with the restoration costs to be borne jointly and severally by the parties held responsible.
The ruling effectively nullifies the tender process for the project, which was expected to cost approximately Sh5.02 billion, inclusive of VAT. Shyam General Merchants Limited had been awarded the construction contract.
The dispute centred on the conversion of land historically reserved for aviation purposes into a residential development without following the legally prescribed procedures for changing its use.
In its ruling, the court established that Bungoma Township/345 was public land reserved for aviation and found that the respondents had failed to demonstrate compliance with the applicable legal framework governing the allocation and conversion of public land.
Justice Bor further faulted the project for proceeding without adequate public participation, meaningful stakeholder engagement and compliance with environmental and physical planning requirements.
The court held that the actions violated Articles 10, 42, 62 and 69 of the Constitution, which address national values and governance, environmental rights, public land and environmental protection.
Consequently, the judge issued a permanent injunction barring the respondents from undertaking development, rezoning, leasing, transferring, alienating or engaging in other dealings inconsistent with the land’s lawful designation.
A key issue in the case was whether residents and other stakeholders had been adequately consulted before the housing project was approved and implementation commenced.
The court noted that the construction contract had already been awarded before a public participation meeting held on January 14, 2026.
It rejected the reliance on consultations conducted after key decisions had effectively been made, stressing that public participation must be meaningful and undertaken early enough to influence government decisions.
The judgment also underscored the importance of environmental sustainability and the meaningful involvement of women, children, young people and persons with disabilities in decisions concerning public resources.
Beyond ordering the restoration of the disputed land, the court directed the respondents to undertake an environmental planning and land-use audit within 45 days.
The National Land Commission was tasked with securing, protecting and managing the property in accordance with the Constitution and applicable laws.
The court also ordered the Kenya Airports Authority and the National Land Commission to establish within 14 days whether six additional parcels — Bungoma Municipality/610, 611, 612, 852, 795 and 799 — form part of the land reserved for Kanduyi Airstrip.
If the investigations confirm that the parcels fall within the airstrip reserve, the court ruled that the declarations and remedies issued in the consolidated petitions would extend to them, with the necessary modifications.
The directive could expand the scope of the dispute beyond the main parcel earmarked for the housing development.
The case arose from three consolidated constitutional petitions, including one filed by Barasa Nyukuri and Francis Simiyu Tome, challenging the decision to convert the aviation land into a residential development.
The petitioners were awarded the costs of the proceedings, payable by the respondents.
The ruling reinforces the principle that government development projects must comply with constitutional and legal safeguards, regardless of their intended public benefits.
For the Kanduyi affordable housing project, the immediate consequences include the cancellation of the tender process, restrictions on further development and a court-ordered restoration of the disputed land within 45 days.
The decision also highlights the legal and environmental obligations facing government agencies when planning major infrastructure and housing projects on public land.
