HomeNairobiNairobi High-Rise Zoning Dispute Heads to Supreme Court

Nairobi High-Rise Zoning Dispute Heads to Supreme Court

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A long-running row over how tall developers may build in parts of Nairobi is going to the country’s highest court.

Nairobi — Mjengo Hub reports that a dispute over high-rise zoning in Nairobi is heading to the Supreme Court.

Background

Zoning sets what may be built on a given plot: the permitted use, the number of floors, plot ratio and ground coverage. In Nairobi these rules are administered by the county government, with development applications handled through its planning department, and they interact with national planning law and the county’s own physical and land use development plan.

Disputes over planning approvals in Kenya are usually heard first by the Environment and Land Court, which is a court of the same status as the High Court and was created under Article 162 of the 2010 constitution. Appeals go to the Court of Appeal.

The Supreme Court is Kenya’s final court. Under Article 163 it hears appeals as of right in cases involving the interpretation or application of the constitution, and other appeals only where the Court of Appeal or the Supreme Court itself certifies that a matter of general public importance is involved.

Read the full report at Mjengo Hub

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