The Environment and Land Court in Bungoma has nullified the proposed Sh5.02 billion Kanduyi Airstrip Smart City Affordable Housing Project, declaring it unconstitutional and unlawful and ordering the restoration of the disputed public land within 45 days.
In a judgment delivered virtually on October 8, 2026, Justice K. Bor ruled that the project failed to meet legal requirements governing the use of public land, environmental protection and public participation.
The court directed the respondents to restore the land to its original state at their own expense, jointly and severally, dealing a blow to the planned development, which was expected to deliver 2,034 housing units and associated social amenities on approximately 36.95 acres.
The construction contract had been awarded to Shyam General Merchants Limited.
The dispute arose from three consolidated constitutional petitions challenging the decision to convert land historically reserved for aviation purposes into a residential development.
In its ruling, the court found that the property, identified as Bungoma Township/345, was public land reserved for aviation and could not lawfully be converted to another use without following the prescribed change-of-user procedures.
The judge also faulted the project for inadequate public participation and failure to demonstrate compliance with environmental and physical planning requirements.
The court noted that the construction contract had already been awarded before a public participation meeting held on January 14, 2026.
It rejected the reliance on consultations conducted after key decisions had effectively been made, emphasising that public participation must take place early enough to influence government decisions.
Justice Bor ruled that the actions violated Articles 10, 42, 62 and 69 of the Constitution, which address national values and governance, environmental rights, public land and environmental protection.
The court consequently declared the project’s tender process unconstitutional and void.
It also issued a permanent injunction barring the respondents from undertaking development, rezoning, leasing, transferring or otherwise dealing with the property in ways inconsistent with its lawful designation.
The respondents were further directed to undertake an environmental planning and land-use audit within 45 days.
The National Land Commission was tasked with securing, protecting and managing the property in accordance with the Constitution and applicable laws.
In a related directive, the court ordered the Kenya Airports Authority and the National Land Commission to establish within 14 days whether six additional parcels — Bungoma Municipality/610, 611, 612, 852, 795 and 799 — form part of the land reserved for Kanduyi Airstrip.
If the investigations confirm that the parcels are part of the airstrip, the court ruled that its declarations and remedies would extend to them, with necessary modifications.
The petitioners were also awarded the costs of the proceedings, payable by the respondents.
The judgment reinforces the requirement for government development projects to comply with constitutional safeguards on public land, environmental protection and public participation, including initiatives intended to address the country's affordable housing needs.
