A court has delivered a major blow to developers by ruling that communities have a key role in deciding whether new houses or business centers can be built. In a landmark decision that promises to shake up the construction industry, the Environment and Land Court ruled that developers must clearly state the type of structure they plan to build for public review. For instance, if a developer wants to change user and build a 20-storey building, they must indicate this and seek approval from the local community. Previously, developers only provided vague information about the project and change of user.

Justice Benard Eboso emphasized that notices must include the author’s identity and details on how to submit objections. He stated, “All the above are key elements in public participation. Without them, the purported notice cannot be said to have satisfied the requirements of the law.”

The case involved Markerryl Company, a construction firm chosen to build Leerand School in Thika. The company received a change of user and construction approval from the Kiambu County Executive Committee Member (CECM). However, the Kisiwa West Estate Residents Welfare Group appealed this decision, arguing that the approval process did not adequately involve the public. A Liaison Committee determined that the company had fulfilled all requirements for public participation and that the approvals were in accordance with the law.

Justice Eboso found that the CECM had initially denied the company approval before reversing her decision following the committee’s recommendation. The judge set aside the approval, stating that it lacked genuine public participation. He noted that the CECM had overstepped her authority by making decisions that should have been left to the committee.

According to Justice Eboso, the failure to involve the community in the decision-making process was severe enough to render the CECM’s decision unconstitutional. This ruling reinforces the importance of public participation in development projects, ensuring that local communities have a say in decisions that affect their environment and livelihoods.