The government has suffered a major blow after the Environment and Land Court in Bungoma declared the Ksh5 billion Kanduyi Airstrip affordable housing project unconstitutional.
In a judgment delivered on October 8, 2026, Justice Kossy Bors halted the development, ruling that it had failed to meet constitutional requirements on public participation and environmental protection.
The government had planned to construct 2,034 housing units under the Kanduyi Airstrip Smart City Affordable Housing Project at a contract value of Ksh5.02 billion.
However, three petitioners challenged the development in court, questioning the legality of converting the airstrip land into a residential area.
The petitioners argued that the land had been reserved for aviation purposes and should remain available for the expansion of Kanduyi Airstrip.
They further maintained that any change of land use or degazettement had to comply with the law and involve meaningful public participation.
In its determination, the court found that the respondents had failed to demonstrate compliance with the legal procedures required to convert the land from an aviation reserve into a housing development.
The court also established that the construction contract had been awarded before a public participation meeting held on January 14, 2026, raising questions about whether members of the public had been adequately consulted before the project was initiated.
Additionally, the judge found that the development had proceeded without complying with applicable environmental and physical planning laws, further undermining its legality.
Following the findings, the court barred the government from using the land in ways that contravened its judgment.
It also ordered the government to restore the land to its original condition within 45 days, with the exercise to be undertaken at its own expense.
The court further directed that an environmental and land-use audit be conducted and ordered the respondents to pay the petitioners' legal costs.
The ruling casts uncertainty over the future of the Ksh5.02 billion project, which was expected to deliver 2,034 affordable housing units in Bungoma County.
Court Ruling Comes After Affordable Housing Act Victory
The decision comes days after the Court of Appeal upheld the constitutionality of the Affordable Housing Act, 2024, in a separate case challenging the legal framework underpinning the government's housing programme.
On September 25, 2026, a five-judge appellate bench dismissed appeals challenging the legislation, allowing the government to continue implementing the programme and collecting the 1.5 per cent housing levy.
While the appellate ruling affirmed the legal framework governing the affordable housing programme, the Bungoma court's decision highlights the separate legal requirements that individual projects must satisfy, particularly those relating to land use, public participation and environmental protection.
