Bungoma Court: Kanduyi Airstrip Housing Project Unconstitutional

• The Environment and Land Court in Bungoma declared the Kanduyi Airstrip Smart City Affordable Housing Project unconstitutional.
• Justice Kossy Bor ordered the restoration of approximately 36.95 acres of public land within 45 days, citing violations of constitutional provisions on public land management, environmental protection, and public participation.
• The KSh5.02 billion project, contracted to Shyam General Merchants Limited, aimed to build 2,034 housing units on land reserved for aviation purposes.
• The court found the project's tender process unconstitutional and void, noting that public participation occurred after the contract was awarded.
• A permanent injunction was issued against further development, and the National Land Commission was directed to manage the property, with an environmental audit also mandated.

The ruling underscored that meaningful public engagement must precede and influence final project decisions, rather than serving as a mere formality after commitments have been made.

The Environment and Land Court in Bungoma has declared the Kanduyi Airstrip Smart City Affordable Housing Project unconstitutional, ordering the immediate restoration of the public land involved. Justice Kossy Bor, delivering a virtual judgment on Thursday, October 10, found that the project failed to meet fundamental constitutional requirements concerning public land management, environmental protection, and public participation. The court mandated the respondents to return approximately 36.95 acres of land, identified as Bungoma Township/345, to its original state at their own expense within 45 days.

This ambitious project, which aimed to construct 2,034 housing units along with associated amenities, carried an estimated value of KSh5.02 billion, inclusive of VAT. The construction contract for the development had been awarded to Shyam General Merchants Limited. The legal challenge, consolidated from multiple petitions, specifically questioned the legitimacy of converting land previously designated for aviation purposes into a residential housing scheme. The court concluded that the project proponents could not demonstrate adherence to the necessary legal procedures for altering the land's designated use.

Justice Bor's ruling highlighted several constitutional violations, specifically citing Articles 10, 42, 62, and 69 of the Constitution. These articles pertain to national values and principles of governance, environmental rights, the classification and management of public land, and the broader framework for environmental protection. Beyond the substantive issues, the court also deemed the entire tender process for the Kanduyi Airstrip housing project unconstitutional and therefore void.

A critical aspect of the judgment addressed the inadequacy of public participation. The court noted that a public meeting, purportedly held to gather input, took place on January 14, 2026, which was after the construction contract had already been awarded. This timeline underscored the court's finding that the public participation process was insufficient and did not genuinely inform the decision-making process. The ruling emphasized that meaningful public engagement must precede and influence final project decisions, rather than serving as a mere formality after commitments have been made.

As a result of the ruling, a permanent injunction has been issued, prohibiting the respondents from any further development, rezoning, alienation, leasing, transferring, or otherwise interfering with the land in any manner inconsistent with its lawful use. The National Land Commission (NLC) has been directed to take charge of securing, protecting, and managing the property in strict accordance with legal provisions. Furthermore, the respondents are obligated to conduct an environmental planning and land-use audit within 45 days.

The court also extended its directives to other parcels of land. The Kenya Airports Authority PLC (KAA) and the National Land Commission were jointly ordered to ascertain within 14 days whether six additional parcels—Bungoma Municipality/610, 611, 612, 852, 795, and 799—are indeed part of the land reserved for Kanduyi Airstrip. Should these parcels be confirmed as part of the airstrip, the court stipulated that the declarations and remedies issued in this case would apply to them, with any necessary adjustments. The petitioners, who initiated the legal challenge, were awarded the costs of the proceedings, reinforcing the significance of this ruling for public land management in Kenya.

Lawyers advising on public infrastructure or housing projects in Kenya must ensure rigorous compliance with constitutional provisions on public land management, environmental protection, and genuine public participation *before* project initiation or contract award. This ruling sets a clear precedent for challenging projects that fail to meet these procedural and substantive legal requirements, highlighting significant litigation risk for non-compliant developments.

Source: Original reporting via court documents and legal analysis.