Setback For State As Court Declares KSh 5B Bungoma Housing Scheme Unconstitutional

The government has suffered a major legal setback after the Environment and Land Court in Bungoma declared the KSh 5 billion Kanduyi Airstrip affordable housing project unconstitutional and halted its construction.

In a judgment delivered on October 8, 2026, Justice Kossy Bor suspended the 2,034-unit smart city development, citing severe violations of constitutional provisions governing public participation, environmental protection, and proper land-use planning.

The court ruling follows a petition filed by three local residents who challenged the state’s decision to reclassify the aviation reserve into a residential housing zone without following statutory procedures or conducting meaningful public consultations.

Procedural Flaws and Legal Non-Compliance

In her ruling, Justice Bor noted that the government failed to demonstrate legal compliance regarding the change of land use from an active airstrip reserve.

The court highlighted key procedural flaws, revealing that the KSh 5.02 billion construction contract had already been awarded before the state conducted a public participation meeting on January 14, 2026. Furthermore, the court determined that the project had proceeded without adhering to applicable environmental impact assessment standards and physical planning laws.

As part of the orders, the court barred the government from utilizing the property in contravention of the judgment and directed the state to restore the land to its original condition within 45 days at its own expense.