Residents of Nairobi’s upmarket Kitisuru estate have won a major court battle after the Environment and Land Court found a developer and its directors guilty of defying orders that had stopped construction on a controversial property.

In a ruling delivered on August 14, 2026, Justice Grace Kemei ordered Makanjawa Company Limited and three of its directors to immediately stop all construction and renovation works on a property along Kitisuru Road.

The court further directed them to comply with earlier court orders within 60 days or face possible civil jail.

The decision marks a significant victory for residents represented by Northern Block Residents Limited and the Kitisuru Residents Association, who have been fighting plans to convert the property from residential to commercial use.

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The dispute revolves around LR No 17/261, also known as Nairobi Block 218/770, located in Kitisuru.

In October 2024, the court nullified approval granted for a change of user on the property and prohibited any demolition, renovation or construction works unless a fresh approval process was conducted in accordance with the law.

Residents returned to court last year complaining that despite the judgment, building activities had resumed on the site.

According to affidavits filed by residents, they received reports in July 2025 that demolition and excavation works were underway.

Upon visiting the property, they allegedly found ongoing construction activities. Residents maintained that no valid approval process had been undertaken after the court cancelled the earlier permit.

The residents accused the developer and several individuals associated with the project of deliberately ignoring court orders. They also argued that attempts to revive the earlier approval were unlawful because the court had already invalidated it.

Makanjawa Company defended itself by telling the court that it had complied with the judgment and had embarked on a process to regularise the development.

The Milimani Law Courts in Nairobi.

Photo credit: File | Nation Media Group

The company said it engaged Nairobi City County, published notices and organised a meeting with residents in March 2025. It argued that construction resumed only after receiving what it believed were the necessary approvals.

The company insisted that there had been no deliberate violation of court orders and that it acted in good faith throughout the process.

Nairobi City County also distanced itself from the disputed construction works. County officials told the court that they had not issued approvals relating to the contested property after the judgment.

They argued that an approval granted in 2025 concerned a separate parcel of land and not the property that was the subject of the court case.

Former Nairobi Planning chief, who was named in the proceedings, similarly denied authorising the works and dismissed claims that he signed letters allowing construction to continue. He described the alleged documents as unauthorised and unsupported by evidence.

"Fundamentally flawed"

After reviewing the evidence, Justice Kemei found that the court's previous orders were clear and that the developer and its directors were fully aware of them.

The judge concluded that the attempt to rely on or “regularise” an approval that had already been quashed by the court was fundamentally flawed.

The court noted that once an approval has been invalidated, it effectively ceases to exist and cannot simply be revived through administrative action.

Justice Kemei was particularly critical of notices published by the developer which referred to the regularisation of a previously approved change of user.

The court observed that the approval in question had already been cancelled, raising questions about what exactly was being regularised.

The judge also questioned the quality of public participation undertaken by the developer, finding that records presented to the court did not demonstrate meaningful engagement with residents.

Evidence before the court showed substantial opposition from residents to the proposed development.

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The ruling states that the developer failed to provide evidence showing compliance with the legal requirements for obtaining a fresh change-of-user approval after the original approval was cancelled.

“The overall conclusion is that these respondents are in contempt of the court orders,” Justice Kemei ruled after finding that construction activities continued despite the court's earlier directive.

However, the court cleared Nairobi City County and the county official accused by residents, finding that contempt had not been proved against them.

As part of the orders, the court directed the developer and its directors to immediately cease all works and comply with the earlier judgment within 60 days.

If they fail to do so, they will be required to appear before the court on October 27, 2026, to explain why they should not be jailed for disobeying court orders.

The court also prohibited Nairobi City County from issuing or relying on any approvals relating to the property unless a valid change-of-user process is undertaken and all legal requirements are met.

Any approvals purportedly issued in breach of the court's judgment were declared null and void.

For Kitisuru residents, the ruling represents the latest victory in a prolonged fight over development in one of Nairobi’s most exclusive residential neighbourhoods, reinforcing their push to ensure planning laws and public participation requirements are followed before major projects proceed.

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bmatheka@ke.nationmedia.com