On 6th March 2025, Nairobi City County announced plans to declare the Nairobi River Corridor a Special Planning Area (“SPA”) under the Physical and Land Use Planning Act, 2019. If confirmed, this designation will introduce a 60-metre control zone along both sides of the river and its tributaries: 30 metres of riparian reserve and an additional 30 metres of development buffer. The County has positioned this move as part of a broader effort to rehabilitate the river and improve urban planning. For landowners and developers, however, the impact could be profound.
The Corridor’s Reach
The proposed zone is expansive. It stretches from Naivasha Road in the West to Ruai in the East, cutting across some of Nairobi’s most diverse landscapes, such as informal settlements like Mathare and Mukuru, residential areas such as Kilimani, Riverside, and Lang’ata, and major industrial zones including Likoni Road, Lunga Lunga, and parts of the Indu
strial Area.
What This Means for Your Property
The practical effects are immediate. Properties located within the 60-metre buffer may be earmarked for demolition, alteration, or restricted use. Projects under construction or awaiting approval could be suspended until the County finalizes a new plan, a process expected to take at least two years. Further, compensation is uncertain, especially where developments are viewed as inconsistent with environmental or planning laws.
Beyond compliance, the market reaction also matt
ers, especially because buyers, financiers, and tenants are likely to approach such properties more cautiously, thus placing downward pressure on values and complicating transactions.
The Status of Existing Approvals
Not all is lost for developments that were approved before the announcement. The law allows the County to permit projects with approvals granted more than six months earlier to continue, though this discretion is not automatic.
To secure protection, landowners will need to demonstrate their approvals clearly and make the case for why their projects should be allowed to proceed. Being proactive here can make the difference between delay and continuation.
Public Participation and Shaping the Outcome
The process is not entirely closed. Before the SPA is finalized, the County must publish notices and hold public consultations. This is a critical moment for stakeholders to engage and influence outcomes. Well-prepared submissions that combine planning history, technical evidence, and legal reasoning can make a real difference, thus potentially adjusting how the controls are applied and safeguarding investments that might otherwise be at risk.
Your Legal Options if Affected
If the County issues a decision that undermines your rights, remedies are available. Appeals may be taken to the County Physical and Land Use Planning Liaison Committee, with further escalation to the Environment and Land Court if necessary. Where rights such as property ownership or fair administrative action are violated, constitutional petitions can be pursued to obtain urgent conservatory orders and declarations. The important point is timing: legal recourse is available, but it must be pursued without delay.
Why Early Action Matters
The Nairobi River SPA is one of the most significant planning initiatives in recent years. Its environmental objectives are commendable, but its impact on land rights and investments is considerable. Waiting to react until notices are served or enforcement begins will limit your options. However, by acting promptly though mapping your exposure, gathering your approvals, and preparing your strategy, you will be best placed to protect your position and, where possible, influence the outcome.
Our Perspective
At Nzamba Kitonga & Co. Advocates LLP, we will continue to monitor this development closely and work with clients across residential, commercial, and industrial portfolios. The Nairobi River SPA represents both risk and opportunity. The risk lies in disruption to property rights and investments while the opportunity lies in proactive engagement and strategic positioning. For those with assets along the corridor, now is the time to evaluate exposure and act decisively.
Should you have any questions on this legal alert, please do not hesitate to contact Ivia Kitonga at mail@kitllp.com.
This article does not constitute legal advice and is for informational purposes only. Parties involved in any dispute are encouraged to seek professional legal counsel tailored to their specific circumstances.