Environment and Land Court Nullifies KSh5.02 Billion Kanduyi Airstrip Housing Project

The Environment and Land Court in Bungoma delivered a virtual judgment on October 8, 2026 that declared the Kanduyi Airstrip Smart City Affordable Housing Project unconstitutional and ordered the disputed land to be restored.

Justice K. Bor ruled that the 36.95-acre parcel identified as Bungoma Township/345 is public land reserved for aviation and that converting it to residential use without a lawful change-of-user breaches Articles 10, 42, 62 and 69 of the Constitution.

The court noted that the construction contract, valued at KSh5.02 billion inclusive of VAT and awarded to Shyam General Merchants Limited, was signed on September 12, 2025, while the public participation meeting took place only on January 14, 2026, after the contract had been awarded.

It also found that the respondents failed to demonstrate compliance with the required environmental impact assessment and physical planning regulations, leading the judge to declare the tender process void.

Respondents were directed to restore the land to its original condition within 45 days at their own expense and to complete an environmental planning and land-use audit within the same period.

A permanent injunction was issued prohibiting any development, rezoning, alienation, leasing or transfer of the parcel that would be inconsistent with its designated aviation use.

The National Land Commission was tasked with securing, protecting and managing the land, and together with the Kenya Airports Authority must determine within 14 days whether six additional parcels – Bungoma Municipality/610, 611, 612, 852, 795 and 799 – form part of the airstrip, extending the court’s orders if confirmed.

The petitioners, including Barasa Nyukuri and Francis Simiyu Tome, were awarded costs payable by the respondents, and Justice Bor emphasized that “public participation is a condition precedent to a binding decision and cannot be undertaken after the event to legitimize an unlawful process.”