Court Nullifies Ksh5 Billion Kanduyi Airstrip Affordable Housing Project in Bungoma
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Kenya's Environment and Land Court in Bungoma has nullified the Kanduyi Airstrip Smart City affordable housing project, ruling it unconstitutional and unlawful and ordering that the public land be restored within 45 days.
The Environment and Land Court in Bungoma has nullified the proposed Kanduyi Airstrip Smart City Affordable Housing Project, ruling that it was unconstitutional and unlawful. In a judgment delivered virtually on October 8, 2026, Justice K. Bor found that the project failed to comply with legal requirements governing public land, environmental protection and public participation.
The court's decision is a significant blow to the multibillion-shilling project, which was expected to deliver 2,034 housing units and associated social amenities on approximately 36.95 acres of land identified as Bungoma Township/345. The construction contract, valued at about Ksh5.02 billion including VAT, had been awarded to Shyam General Merchants Limited.
Justice Bor directed the respondents to restore the land to its original state within 45 days, with all restoration expenses to be met jointly and severally by the parties held responsible. The court also ordered an environmental planning and land-use audit within 45 days, issued a permanent injunction barring activities inconsistent with the land's designated use, and tasked the National Land Commission with securing, protecting and managing the land. The restrictions cover development, rezoning, alienation, leasing and transfer.
A central issue was whether the public had been adequately consulted. The court noted that the construction contract had already been awarded before a public participation meeting held on January 14, 2026, and rejected reliance on consultation conducted after key decisions had effectively been made, emphasising that public participation must be meaningful and occur early enough to influence government decisions. It found the actions violated Articles 10, 42, 62 and 69 of the Constitution, declared the tender process unconstitutional and void, and awarded the petitioners the costs of the proceedings.
The case arose from three consolidated constitutional petitions, including one filed by Barasa Nyukuri and Francis Simiyu Tome, challenging the conversion of land historically reserved for aviation into a residential development. The court also ordered the Kenya Airports Authority and the National Land Commission to establish within 14 days whether six additional parcels - Bungoma Municipality/610, 611, 612, 852, 795 and 799 - formed part of the land reserved for Kanduyi Airstrip, a finding that could widen the scope of the dispute.