The Environment and Land Court has dealt a blow to the government’s flagship Affordable Housing Program by halting the ongoing construction of the Southlands project in Lang’ata.

In a ruling delivered on December 11, 2025, a three-judge bench comprising Justice O. A. Angote, Lady Justice Christine A. Ochieng, and Justice Charles G. Mbogo issued conservatory orders stopping all work on the multi-billion-shilling project, pending a final ruling on February 5, 2026.

“THAT pending the Ruling of this court in respect of the Petitioner’s Notice of Motion dated 4th July, 2025, a conservatory order be and is hereby granted staying the ongoing construction of social housing and associated infrastructure in Southlands, Langata Constituency, Nairobi County under Contract No. MLPWHUD/SDHUD/SUD/382/2023-2024 – LOT NUMBERS 1, 2, 3, 4 & 5, which is popularly known as the Southlands Affordable Housing Project,” a court order signed by Justice Charles G. Mbogo read.

No Shortcuts to Development

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The petitioner, Senator Okiya Omtatah, argues that while housing is a necessity, it must not be delivered through “shortcuts, opacity, or in violation of the law.

“This ruling reaffirms a fundamental principle of our Constitution: that development must be lawful, transparent, participatory, and respectful of land-use planning and environmental safeguards,” Senator Okiya Omtatah said.

He alleges several critical legal breaches, including the use of public land, resources and projects, adding that the government did not comply with the constitution.

“Affordable housing is a legitimate and necessary public objective. However, it cannot be pursued through shortcuts, opacity, or in violation of the law. The Constitution does not permit ends to justify unlawful means. Public land, public resources, and public projects must always be subjected to strict constitutional and statutory compliance,” Senator Okiya Omtatah said.

The project, valued at KSh 25 billion, is situated on a 37-acre parcel of land that features 17-storey apartment blocks, comprising 15,950 housing units, a mix of social and affordable housing.

These range from single-room units to two- and three-bedroom apartments, with plans for access roads, green spaces, and children’s play areas.

What Happens Next?

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The Ministry of Lands and other respondents have been given 14 days to file their further affidavits and submissions.

The eyes of the nation now turn to February 5, 2026, when the court will deliver a definitive ruling that could either permanently reshape or completely derail the Southlands project.

“THAT the 8th Respondent to file and serve submissions within 14 days, THAT the Petitioners and the Interested Parties to file and serve submissions in reply, if any, within 14 days of service,” the court order signed by Justice Charles G. Mbogo read.

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Court order on the affordable housing in Southland Langata. PHOTO/x