On 6th March 2025, the Nairobi City County Government announced plans to declare the Nairobi River Corridor a Special Planning Area (SPA). This is being done under Sections 52 and 53 of the Physical and Land Use Planning Act, 2019, in collaboration with the Ministry of Lands, Public Works, Housing and Urban Planning.
The Special Planning Area will cover a 60-metre corridor along both sides of the Nairobi River and its tributaries, stretching from Naivasha Road in the west to Ruai in the east. This includes:
- A 30-metre riparian reserve, and
- An additional 30-metre development control zone.
Once declared, this area will be subject to special planning controls for a two-year period while an integrated development plan is prepared.
The affected area spans multiple neighborhoods across Nairobi, including but not limited to:
- Informal Settlements: Mathare, Kariobangi, Mukuru kwa Njenga, Mukuru kwa Reuben, Sinai, Kayaba
- Industrial Zones: Outering Road, Likoni Road, Lunga Lunga, parts of Industrial Area
- Formal Residential Areas: Kilimani, Riverside, Westlands, Lang’ata, South B and C
If your property falls within 60 metres of the Nairobi River or its tributaries, this declaration could affect you.
Definition of terms
A Special Planning Area is a designated zone under Section 52 of the Physical and Land Use Planning Act 2019, that requires special attention due to its strategic, environmental, or heritage importance.
A riparian area is land bordering a river or water body. These zones act as natural flood plains, protect biodiversity and aquatic ecosystems or filter pollutants and reduce erosion. Under Kenyan law (including the Water Act 2016 and NEMA guidelines), such areas are restricted from development typically within 6 to 30 metres of the riverbank.
A buffer zone is an area of land that acts as a protective barrier between sensitive areas like rivers, forests, or wetlands and human activity such as buildings or infrastructure.
Legal process of declaring a special planning area
The legal procedure for declaring a Special Planning Area is governed by both the Physical and Land Use Planning Act, 2019 and the Physical and Land Use Planning (Special Planning Area) Regulations, 2021. The process includes the following steps:
1. Publication of a Public Notice
The County Executive Committee Member must publish the intention to declare an Special Planning Area in the Kenya Gazette and at least one local newspaper.
2. Public Participation
Before finalizing the declaration, the County must conduct extensive public engagement. This includes: Community forums and town halls, written submissions by stakeholders, Online consultations and public noticeboards and engagement through media platforms (TV, radio, websites).
3. Review of Stakeholder Comments:
The County is obligated to consider and respond to all feedback received. Any dismissals of objections must be justified in writing.
4. Development of a Special Plan:
During the interim period (typically 2 years), a special development plan is prepared for the Special Planning Area.
5. Appeal and Oversight:
Stakeholders dissatisfied with any decisions may appeal to the County Physical and Land Use Planning Liaison Committee, with further recourse to the Environment and Land Court.
Legal Implications and practical effects of the proposed special planning area
1. Impact on Existing Properties
If the Nairobi River Corridor is formally declared a Special Planning Area and the riparian reserve is extended by 30 metres:
- Properties already built within the extended buffer zone may be marked for demolition, alteration, or eviction.
- Property owners may be required to suspend construction or halt further development.
- In some cases, compensation may not be provided, especially where developments are found to have violated planning or environmental laws.
2. Effect on Previously Approved Developments
Under Regulation 8 of the SPA Regulations, 2021, where:
“Planning permission was granted more than six months before the declaration of a special planning area; the County Executive Committee Member may allow such permitted developments to continue.”
This means that:
- If your development approval (building plan or change-of-use permit) is more than 6 months, it may be exempted from SPA controls.
- However, this exemption is discretionary, not automatic. Stakeholders must apply or submit representations to benefit from it.
Legal remedies available to affected persons
1. Lodge an Appeal with the County Planning Liaison Committee
- Established under Section 76 of the Physical and Land Use Planning Act 2019,
- Hears and determines complaints about planning decisions,
- Must receive your appeal within 60 days of the contested decision,
- May confirm, vary, or cancel the decision.
2. File a Case in the Environment and Land Court
- If dissatisfied with the Liaison Committee’s ruling,
- Appeal must be filed within 30 days,
- The Court can issue orders including stay of demolitions, compensation, or judicial review.
3. Constitutional Petition
- Where there is a gross violation of rights (e.g. forced eviction, destruction of property without notice), a constitutional petition may be filed to seek conservatory (injunctive) orders, declarations of illegality or compensation for violation of rights.
Conclusion
The proposed declaration of the Nairobi River Corridor as a Special Planning Area marks a significant shift in urban planning within Nairobi County. While the goals of environmental restoration and proper planning are valid, they must be balanced against the rights of property owners, public participation guarantees, and constitutional safeguards.