Court of Appeal Schedules Urgent Hearing on Nairobi County Contempt Application amid Planning Department Intergrity crisis
NAIROBI, Kenya, June 26 – The Court of Appeal at Nairobi has issued strict procedural directions and set a firm hearing date for an urgent Injunction and Contempt of Court application brought against the Nairobi County Executive Committee Member (CECM) for Built Environment and Urban Planning and the Nairobi City County government.
The application filed under Civil Appeal (Application) No. E160 of 2025, addresses the county’s ongoing failure to govern urban development and comply with mandatory court-ordered planning frameworks.
This legal battle comes at a time when the Nairobi County urban planning department is facing severe public scrutiny following the recent high-profile arrest of its top official by the Ethics and Anti-Corruption Commission (EACC).
Progress Made and Case background
The Structural Interdict: The Court of Appeal previously issued a Structural Interdict requiring Nairobi City County to halt irregular planning approvals and develop a lawful Local Physical and Land Use Development Plan under Section 45 of the Physical and Land Use Planning Act.The strict compliance window for this interdict closed on March 19, 2026.
The Contempt Filing: Due to a complete failure by the county to comply including missing explicit deadlines to file planning reports the Kileleshwa Ward Neighbourhood Association (KIWANA) and the Metro Alliance resident umbrella group filed a Notice of Motion for contempt on April 9, 2026.
Residents assert that the county’s systemic failure directly contributed to the catastrophic, deadly floods that recently plagued Nairobi City County.
The County’s Delay Tactics: To sidestep the contempt consequences, the county filed a counterapplication seeking a 6-month extension of time.
This supporting affidavit was sworn and signed on behalf of the county by Patrick Analo Akivaga, the County Chief Officer for Urban Planning.
EACC Arrest and Integrity Crisis: The credibility of the county’s defense has been severely compromised following the arrest of the same Patrick Analo Akivaga by the EACC over an ongoing investigation into unexplained multi-million shilling wealth and assets.
Residents maintain that this corruption scandal directly mirrors the institutional lawlessness challenged in this case, where the planning department has routinely issued irregular development approvals (such as high-rise projects in Kileleshwa’s Zone 4C exceeding the legal 15-floor height limit) while completely ignoring statutory development frameworks.
The Court of Appeal has certified the matter as urgent and ordered that the application be disposed of under the following strict parameters: Official Hearing Date: The application will be formally heard on Tuesday, July 7, 2026, at 9:00 AM.
High-Level Judicial Bench: The case will be heard and determined by a specialized Three (3) Judge Bench constituted directly by the Hon. President of the Court of Appeal.
Virtual Proceedings: The entire hearing will be conducted publicly via VIDEOLINK connecting the Court and legal counsel. Strict Submission Limits: To ensure an expedited delivery of justice, parties are restricted to filing online written submissions limited to a maximum of three (3) pages only.
All appearing advocates are strictly required to be fully robed for the virtual session.
“This case represents a critical turning point for public accountability and urban planning integrity in Kenya”.
KIWANA and Metro Alliance maintain that forcing Nairobi City County to comply with the Physical and Land Use Planning Regulations will safeguard resident interests, prevent environmental disasters like flooding, and halt the ongoing exploitation of neighborhood zoning limits by compromised county officials.
