Kenyan Court Blocks 12-Storey Apartment Near Defence Headquarters

The Environment and Land Court halted construction of a proposed 12‑storey, 42‑unit apartment block on a site bordering the Chinese Embassy and the Kenya Defence Forces (KDF) headquarters in Nairobi. The court ruled that all planning approvals, change‑of‑user permissions and development authorisations issued by Nairobi County were unlawful and obtained in breach of the Physical and Land Use Planning Act (PLUPA).

The case, brought by Tom Brown Limited and former Kilome MP Harun Mwau, highlighted that the Ministry of Defence was never consulted despite the development being located within a safeguarded area. The court noted the lack of required clearance from national security agencies and the failure to involve the public and neighbouring landowners, finding the approvals "constitutionally infirm" and in violation of Articles 10, 47, 48 and 69 of the Kenyan Constitution. The judgment underscores the necessity for strict adherence to planning laws, especially for projects near critical security installations.