The government’s affordable housing agenda has suffered a major setback after the High Court issued orders halting the construction of the Southlands Affordable Housing Project in Lang’ata.
The ruling, issued by Justice Charles Mbogo, follows a legal challenge questioning the legality and compliance of the project.
He granted conservatory orders stopping the ongoing construction of the housing project, citing the pending determination of a motion filed before the court.
"That pending the Ruling of this court in respect of the Petitioner's Notice of Motion dated 4th July, 2025, a conservatory order be and is hereby granted staying the ongoing construction of social housing and associated infrastructure in Southlands, Langata Constituency, Nairobi County under Contract No. MLPWHUD/SDHUD/SUD/382/2023-2024-LOT numbers 1, 2, 3, 4 & 5 which is popularly known as the Southlands Affordable Housing Project," the ruling read.
The court further outlined strict timelines for the filing of affidavits and submissions by all parties involved in the case to ensure the matter proceeds without delay.
Read More
"That the 1st - 7th Respondents to file and serve a further affidavit together with submissions within 14 days; that the 8th Respondent to file and serve submissions within 14 days; and that the petitioners and the Interested Parties to file and serve submissions in reply if any, within 14 days of service," the ruling added.
Reacting to the ruling, Busia Senator Okiya Omtatah said the court’s decision reinforces constitutional principles governing development projects.
"This ruling reaffirms a fundamental principle of our Constitution: that development must be lawful, transparent, participatory, and respectful of land-use planning and environmental safeguards," he said.
Omtatah noted that while affordable housing remains an important public goal, it must be implemented within the confines of the law and constitutional requirements.
"Affordable housing is a legitimate and necessary public objective. However, it cannot be pursued through shortcuts, opacity, or in violation of the law. The Constitution does not permit ends to justify unlawful means. Public land, public resources, and public projects must always be subjected to strict constitutional and statutory compliance," he added.
Omtatah further clarified that the case is not intended to oppose housing initiatives, but to uphold accountability, constitutionalism, and respect for judicial authority in public development projects.
"This case is not against housing for Kenyans; it is for constitutionalism, accountability, and the rule of law. I urge all public officers and contractors involved to fully comply with the court order and to respect judicial authority. Development in Kenya should be people-centred, lawful, and sustainable," he further said.
Notably, this comes a week after Lang’ata MP Phelix Odiwuor, popularly known as Jalang’o, led a group of Lang’ata residents in a protest over planned evictions linked to the Affordable Housing Project.
In an update, the MP said the demonstration was aimed at ensuring the government listens to the affected community before any relocation takes place.
"Today, together with the MCA for Nyayo Highrise, we led residents of Soweto Zone B to the Ministry of Housing to present a petition outlining their concerns before relocation for the Affordable Housing Project," he said.
Jalang'o added that the discussions with government officials led to an agreement to stop the planned evictions until all stakeholders are involved and a transparent process is undertaken.
"We agreed that the planned eviction will be halted until proper public participation is conducted and all the issues raised by residents are fully addressed," he added.
