PREMIUM Nairobi high-rise zoning rules face Supreme Court test Nairobi 1 hour ago Listen

He argued that the project violates the applicable zoning rules and that the lower courts wrongly relied on the Nairobi City County Development Control Policy, 2021, which they say was only a draft.

At the centre of the appeal filed by residents is whether the lower courts properly relied on the Nairobi City County Development Control Draft Policy, 2021 to uphold approvals for a 16-storey apartment development on Mbaazi Avenue proposed in 2023.

According to the residents, the 2021 policy was merely a draft undergoing legislative approval and public participation and therefore could not lawfully justify a 16-storey building where the applicable zoning permitted only four floors "Policy not gazetted" Mr Ochiel argued the policy had not been formally adopted or gazetted when the dispute was determined.