The government has suffered a major setback after the Environment and Land Court in Bungoma declared the Ksh5 billion Kanduyi Airstrip affordable housing project unconstitutional.

🇰🇪 Breaking It Down

In a judgment delivered on October 8, 2026, Justice Kossy Bors suspended the project for violating 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, with a construction contract worth Ksh5.02 billion.

However, three petitioners moved to court, challenging the project over an alleged failure to follow procedures for converting the airstrip into residential land.

📌 What You Need to Know

In their application, the petitioners argued that the land was reserved for aviation and should remain available for the expansion of Kanduyi Airstrip.

They maintained that any change of use or degazettement should have followed the law and involved meaningful public participation.

While determining the case, the court found that the respondents had not demonstrated compliance with the required procedures for changing the land's use from an aviation reserve to a housing development.

The court further found that the construction contract had been awarded before a public participation meeting held on January 14, 2026.

Additionally, the court found that the project had proceeded without compliance with applicable environmental and physical planning laws, raising further questions about the legality of the development.

Following the findings, the court barred the government from using the land for purposes that violate the judgment and ordered it to restore it to its original condition within 45 days at its own cost.

📰 Source: Kenyans.co.ke