Court Halts Construction of 16-Storey Apartment Block in Lavington Amid Resident Protests

The Court of Appeal has issued a temporary injunction halting the construction of a 16-storey apartment block in Lavington by Metricon Home Nairobi Co. Ltd., following sustained opposition from local residents.

The 60-day suspension, effective as of the latest ruling, allows the Mbaazi Residents Association time to argue their appeal against the project, which they claim violates their constitutional right to a clean and healthy environment.

The decision overturns an earlier ruling by the Environment and Land Court in 2023, where Justice Oscar Angote dismissed the residents’ initial petition, stating they had failed to substantiate their claims of environmental and zoning violations.

The appellate court, however, underscored the potential irreversible harm of proceeding with construction.

Justices Wanjiru Karanja, Kathurima M’Inoti, and Lydia Achode noted, “If the appeal succeeds after the project is completed, it will stand as nothing but a monument to environmental degradation.

Demolishing completed structures would offer no consolation to Oasis Metricon.” The judges urged an expedited hearing to balance the residents’ concerns with the developer’s interests.

Background of the Dispute

The controversy erupted in 2023 when Metricon began constructing a high-rise development on a one-acre plot along Mbaazi Avenue, planning 512 housing units—a figure residents and court documents have cited, though Nairobi County later clarified it as 416 units.

The project, bordered by Millennium Gardens Management Ltd., which represents 28 residential homes, sparked protests and legal action from the community.

Residents accused Metricon of flouting zoning policies—historically limiting buildings to ground-plus-four storeys—and endangering the area’s infrastructure and environment.

In October 2023, peaceful demonstrations along Mbaazi Avenue saw residents, supported by local leaders like Kilimani MCA Moses Ogeto and Kileleshwa MCA Robert Alai, demand a halt to the project.

They cited deep excavations hitting bedrock and water sources, inadequate sewerage, water supply, and road capacity, and the removal of trees as evidence of environmental disregard.

“This place doesn’t have enough water or infrastructure for such a building,” said Bernard Kinara, chairman of the Mbaazi Avenue Residents Association.

An initial conservatory order was granted by Justice Angote on October 19, 2023, but residents alleged Metricon continued construction in defiance until further legal escalation.

Residents’ Grievances

The Mbaazi Residents Association, through Millennium Gardens, argues that the scale of the development—512 units on one acre—threatens the structural integrity of neighboring buildings due to deep excavations and risks overwhelming the area’s drainage and sewer systems.

They also claim the project violates Lavington’s zoning restrictions, historically capping buildings at four storeys, and was greenlit without meaningful public participation.

“Our decisions and advice are being ignored,” resident Ndirangu Maina lamented in 2023, echoing a broader call for Governor Johnson Sakaja to intervene.

The residents further questioned how the project ballooned from an initial approval of 336 units to 512, accusing Metricon of opacity for failing to display a project signboard or disclose approvals early on. They warn of health, safety, and socioeconomic hazards if construction proceeds unchecked.

Developer and County Response

Metricon has defended the project, arguing it secured all necessary permits, including a change of user and development permission from Nairobi County, an Environmental Impact Assessment (EIA) from the National Environment Management Authority (NEMA), and approvals from the Nairobi Water & Sewerage Company and Water Resources Authority.

Director Yu Tang emphasized the project’s benefits, including job creation and housing provision, and warned that halting construction would breach contracts with buyers, subcontractors, and suppliers, incurring penalties and losses. “It’s not in the public interest to stop this,” Tang asserted.

The Nairobi County Government has backed Metricon, confirming the project aligns with a zoning policy under review since its 2004 inception. County officials noted that other high-rises, some reaching 13 storeys, already dot the area, suggesting the 16-storey development fits the evolving landscape.

They also highlighted a March public notice in March 2022 inviting public feedback, which Metricon claims addressed resident concerns through its EIA mitigation measures.

Ongoing Legal Battle

The Court of Appeal’s ruling marks the latest chapter in a nearly two-year saga.

While the 60-day injunction offers residents a reprieve, the expedited appeal process will determine the project’s fate.

Should the residents lose, Metricon could resume construction, leaving the community to grapple with the consequences of a transformed Lavington.

For now, the site remains silent, a contested symbol of Nairobi’s rapid urbanization and the tension between development and environmental preservation.