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Post Reply: Busia Senator Okiya Omtatah Seeks to Halt 17-Storey Affordable Housing Project in Lang'ata

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on July 9, 2025, 10:28 am</div><div id="pl-6879"  class="panel-layout" ><div id="pg-6879-0"  class="panel-grid panel-no-style" ><div id="pgc-6879-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-6879-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="0 0 []">Nairobi, Kenya - Busia Senator Okiya Omtatah has filed a petition to stop the construction of a massive affordable housing project in Nairobi's Lang'ata constituency, citing significant environmental, legal, and social concerns. The Southlands Affordable Housing Project, part of President William Ruto's Affordable Housing Programme, aims to construct 15950 housing units in 17-storey apartment blocks on a 37-acre parcel of land along the Southern Bypass. However, the initiative has sparked controversy, leading Omtatah to challenge its legality before the National Environment Tribunal.</p>
<p dir="ltr">Omtatah's petition argues that the project violates multiple legal and environmental regulations. He claims the development is proceeding without a mandatory Environmental and Social Impact Assessment, a prerequisite for such large-scale projects. The National Environment Management Authority (NEMA) has reportedly failed to enforce compliance, despite being informed of the project's commencement. The senator asserts that the absence of proper assessments poses significant risks to the environment and the well-being of Lang'ata residents.</p>
<p dir="ltr">Additionally, Omtatah contends that the project is being built on land designated as a 120-metre-wide Trans-African Transport Corridor Road and Rail Reserve, a strategically important area meant for infrastructure development. The Southern Bypass already occupies part of this land, and further construction could jeopardize critical national assets, including Nairobi National Park, Lang'ata Barracks, and Wilson Airport, which requires unobstructed flight paths for safety. The Kenya Civil Aviation Authority has also raised concerns, holding discussions with aviation companies about the project's potential impact on air traffic.</p>
<p dir="ltr">A key issue in Omtatah's petition is the alleged absence of public participation. He claims that Lang'ata residents, particularly those in nearby estates such as Southlands, Civil Servants, Uhuru Gardens, Maasai, and White House, were not consulted about the project. Residents reportedly discovered construction activities in their backyards without prior notice, denying them their constitutional right to voice concerns. The Lang'ata Southland Residents Association, led by chairman Fred Kimathi, has echoed these sentiments, arguing that the lack of community engagement undermines principles of good governance, transparency, and accountability.</p>
<p dir="ltr">The proposed housing project is expected to bring an estimated 75000 new residents to Lang'ata, assuming each unit houses five people. Omtatah warns that this population surge would overwhelm the area's already strained infrastructure. Lang'ata, with a current population of approximately 50000, faces persistent water scarcity and inadequate sewer systems. The senator argues that without a clear plan for water provision and sewer upgrades, the project risks creating a humanitarian crisis for both new and existing residents.</p>
<p dir="ltr">Furthermore, the 17-storey buildings would tower over the low-density maisonettes and bungalows that characterize Lang'ata, a designated controlled development zone. This height disparity could allow occupants of the high-rise units to peer into private homes, raising concerns about privacy violations. Residents have also reported structural damage to their properties due to vibrations from ongoing excavations, particularly in areas adjacent to the Southern Bypass and Southlands Estate.</p>
<p dir="ltr">Omtatah's petition highlights the potential economic fallout from the project, particularly its impact on property values. Lang'ata is known for its upscale, low-density estates, where homeowners have invested heavily in their properties. The introduction of high-density, affordable housing units could disrupt the neighborhood's character and lead to a devaluation of existing properties. Market analyses cited by Omtatah suggest a potential 5 to 15 percent drop in property prices due to increased supply, congestion, and deteriorating environmental conditions.</p>
<p dir="ltr">The senator also argues that the project constitutes an illegal appropriation of public land. He claims the land was reserved for public utilities, such as recreational facilities and a noise buffer zone, and its use for private housing development violates zoning regulations and the public trust.</p>
<p dir="ltr">The Southlands Affordable Housing Project, valued at KSh 25 billion, has faced growing resistance from the Mugumoini community and other Lang'ata residents. Protests have erupted, with locals demanding greater transparency and inclusion in the planning process. The National Environment Tribunal, chaired by Emmanuel Mumia, certified Omtatah's case as urgent and issued interim orders halting construction pending a full hearing. A ruling on the matter is expected on June 9, providing time for the tribunal to thoroughly adjudicate the dispute.</p>
<p dir="ltr">President Ruto's Affordable Housing Programme aims to construct 250000 housing units annually to address Kenya's housing deficit and modernize urban living. The Southlands project includes a mix of single-room, two-bedroom, and three-bedroom apartments, along with access roads, green spaces, and children's play areas. While the government touts the initiative as a means to provide dignified living conditions, critics like Omtatah argue that its implementation has been marred by legal oversights, environmental negligence, and disregard for community concerns.</p>
<p dir="ltr">This is not the first time Senator Omtatah has taken legal action against the Affordable Housing Programme. In 2024, he led a group of 22 senators and human rights activists in challenging the Affordable Housing Act, arguing that it was unconstitutional and lacked a clear framework for collecting levies, particularly from those in the informal sector. Omtatah has also questioned the appointment of the Kenya Revenue Authority's Commissioner General as the collector of the housing levy, asserting that such responsibilities fall outside the official's mandate.</p>
<p dir="ltr">The outcome of Omtatah's petition could set a significant precedent for how large-scale housing projects are implemented in Kenya. As the government pushes to meet its housing targets, the Lang'ata case underscores the importance of balancing development goals with environmental sustainability, community engagement, and adherence to legal frameworks. For now, the project's future hangs in the balance as residents and stakeholders await the tribunal's final decision.</p>
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