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.

📻 Breaking It Down

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.

📌 What You Need to Know

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.

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.

📰 Source: Capital FM Kenya