Major Setback for Ruto as Court Stops Ksh5 Billion Housing Project

The government has suffered a major setback after the Environment and Land Court in Bungoma declared the Ksh5 billion Kanduyi Airstrip affordable housing project unconstitutional. The ruling raises fresh questions about the implementation of the housing programme.

In a judgment delivered on October 8, 2026, Justice Kossy Bors suspended the project over violations involving public participation and environmental protection. The court found that the development had failed to meet important constitutional and legal requirements.

The government had planned to construct 2,034 housing units under the Kanduyi Airstrip Smart City Affordable Housing Project. The construction contract was valued at Ksh5.02 billion, making it one of the major planned housing developments in the area.

However, three petitioners challenged the project in court, arguing that the government had failed to follow the required procedures for converting the airstrip land into residential property. They maintained that the land was reserved for aviation purposes.

The petitioners further argued that any change of land use or removal of its protected status should follow the law and involve meaningful public participation. They insisted that the land should remain available for the future expansion of Kanduyi Airstrip.

In its determination, the court found that the respondents had not demonstrated compliance with the procedures required to change the land from an aviation reserve to a housing development. The court also noted that the construction contract preceded a public participation meeting held on January 14, 2026.

The court further established that the project had proceeded without complying with applicable environmental and physical planning laws. It subsequently barred the government from using the land in ways that violated the judgment and ordered restoration of its original condition within 45 days.

Additionally, the respondents were directed to conduct an environmental and land-use audit and pay the petitioners’ legal costs. The orders place the future of the Ksh5 billion project in doubt as the government faces the consequences of the court’s findings.

The ruling comes shortly after the Court of Appeal upheld the Affordable Housing Act, 2024, on September 25, 2026. A five-judge bench dismissed challenges to the law, allowing the government to continue implementing the programme and collecting the 1.5 per cent housing levy.

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