Court Stops Sh5bn Kanduyi Airstrip Housing Project, Orders Land Restoration

BUNGOMA, Kenya, Oct 10 – The Environment and Land Court in Bungoma has declared the Kanduyi Airstrip Smart City Affordable Housing Project unconstitutional, ordering the restoration of the disputed public land within 45 days.

In a judgment delivered virtually Thursday, Justice Kossy Bor found that the project violated constitutional requirements on public land management, environmental protection and public participation.

The court directed the respondents to restore approximately 36.95 acres of land identified as Bungoma Township/345 to its original condition at their own cost.

The project, which was planned to deliver 2,034 housing units and associated amenities, was valued at approximately KSh5.02 billion, inclusive of VAT. The construction contract had been awarded to Shyam General Merchants Limited.

The consolidated petitions challenged the legality of converting land reserved for aviation purposes into a housing development.

The court found that the respondents had failed to demonstrate compliance with the legal procedures required to change the land’s designated use.

Justice Bor ruled that the project violated Articles 10, 42, 62 and 69 of the Constitution, which cover national values and governance, environmental rights, public land and environmental protection.

The court also declared the project’s tender process unconstitutional and void.

Court issues permanent injunction

The judge issued a permanent injunction barring the respondents from developing, rezoning, alienating, leasing, transferring or otherwise interfering with the land in ways inconsistent with its lawful use.

The National Land Commission (NLC) was directed to secure, protect and manage the property in accordance with the law.

The respondents were also ordered to undertake an environmental planning and land-use audit within 45 days.

On public participation, the court found that the process was inadequate, noting that a meeting held on January 14, 2026, took place after the construction contract had already been awarded.

The court emphasised that public participation must meaningfully inform decisions before they are finalised.

KAA, NLC given 14 days to verify additional parcels

The court directed the Kenya Airports Authority (KAA) and the National Land Commission to establish within 14 days whether six other parcels — Bungoma Municipality/610, 611, 612, 852, 795 and 799 — formed part of the land reserved for Kanduyi Airstrip.

If the parcels are confirmed to be part of the airstrip, the court ordered that the relevant declarations and remedies issued in the case would apply to them, with necessary adjustments.

The petitioners were awarded the costs of the proceedings.

The ruling underscores the legal obligations governing public land and the need for development projects to comply with constitutional, environmental and public participation requirements.