Nairobi’s real estate market received a major boost on 19 September 2025 when the Court of Appeal delivered a landmark ruling that is set to redefine the future of property development along Rhapta Road in Westlands.

The Court confirmed that Rhapta Road falls under Zone 3C, officially permitting developers to put up modern high-rise buildings of up to 20 floors. For investors, home buyers, and real estate developers, this is a game-changing decision that offers clarity, certainty, and fresh opportunities in one of Nairobi’s fastest-growing neighborhoods.

Case background

Residents challenged approvals for towers up to 28 floors, arguing Nairobi County issued them without a valid, binding zoning framework. The ELC had imposed a 16-floor cap, but the Court of Appeal lifted this cap, confirming Zone 3C and the 20-floor allowance while rejecting attempts to go beyond policy.

Why This Matters for Developers and Investors

For years, Nairobi developers have faced uncertainty over zoning laws and planning approvals, especially in high-demand areas like Westlands, where demand for apartments for sale and office space continues to rise. This ruling provides a clear green light for projects that can transform Rhapta Road into a vibrant hub of high-rise apartments, mixed-use developments, and commercial spaces.

The Court’s judgment not only allows projects of up to 20 floors but also directed Nairobi City County to finalise and gazette proper zoning frameworks within six months. This ensures that investors now have a predictable legal environment, critical for long-term planning and financing of multi-billion-shilling real estate projects.

Key Highlights from the Judgment

• • Zoning Classification: Rhapta Road officially recognised as Zone 3C, allowing 20-floor developments subject to environmental and infrastructure compliance.

• • Planning Instruments:
    
    • • The 2004 Zoning Guidelines were declared obsolete.
    • • NIUPLAN 2016 upheld as a valid city-wide strategy but not parcel-specific.
    • • The 2021 Nairobi Development Control Policy recognised as a legitimate administrative guide pending County Assembly approval.

• • Environmental Licences: NEMA approvals issued to developers were confirmed as valid, with no evidence of illegality.

What This Means for Nairobi Real Estate

For property seekers, this ruling signals the rise of new high-rise apartments for sale in Westlands, offering modern living close to the CBD and major social amenities.

For developers, it removes legal roadblocks and boosts confidence in making long-term real estate investments in Nairobi.

The decision also underscores Nairobi’s position as a regional real estate investment hub, with Rhapta Road likely to see significant transformation in the coming years.

Contact our team today to discuss how we can support your projects and help you unlock the full potential of Nairobi’s thriving property market.