Nairobi county assembly planning committee chair Geoffrey Majiwa /HANDOUT

The Nairobi County Assembly Planning Committee has put the County Executive's Planning Department on notice over the implementation of the Nairobi City County Development Control Policy, insisting that developers and investors must be guided using valid planning instruments.

Speaking after a consultative meeting between the committee and urban planning professionals, Committee Chair Geoffrey Majiwa questioned the legality of the policy currently published on the county government's website, saying it does not reflect the position adopted by the Assembly.

"You brought the Nairobi City County Development Control Policy to us, we deliberated on it extensively, gave recommendations and passed it. Once that happened, it became a document of the Assembly as representatives of the people and we had the final say on it," said Majiwa.

He added that the version currently appearing on the county website has since been halted by the courts and has also been rejected by the committee.

"What is on the website has been stopped by the court. This committee has equally warned the sector against its continued use and therefore advises Nairobi residents and developers accordingly," he said.

UPTC Composition Under Scrutiny

The meeting also brought renewed scrutiny on the composition and operations of the Urban Planning Technical Committee (UPTC), with industry stakeholders calling for reforms and renewed representation.

Architectural Association of Kenya Vice President Brenda Nyawara said professional bodies are concerned that some committee members' terms have expired and are yet to be renewed, affecting the effectiveness of planning oversight mechanisms.

She claimed some county officials of interfering with planning processes and contributing to delays and disruptions in development approvals through irregular practices within the UPTC.

"The committees have been functional before the UPTC was in place. The liaison committee has existed and we have continued engaging it and making recommendations. However, those recommendations must be implemented," she said.

According to Nyawara, the challenges facing the committees are increasingly being reflected in the built environment, including poor compliance and weak enforcement of planning regulations.

"The reason there is no compliance, no enforcement and buildings continue collapsing is because the committees are not operating at full capacity," she added.

She further questioned recurring technical failures affecting the county's development approval portal, suggesting the possibility of deliberate interference by individuals within the system.

"We are also asking why the portal keeps going down. Could it be deliberate? Could there be officers intentionally slowing approvals so that developers are forced to come to City Hall or make phone calls to secure approvals?" she posed.

Nyawara also raised concerns over the approval of developments that allegedly fail to meet existing building codes and planning regulations.

"If officers are in place to ensure compliance, why are buildings still being approved contrary to the building code and regulations? And when non-compliant developments are identified on site, what role are those officers playing if they are meant to enforce the law?" she asked.

The Planning Committee indicated that it will continue engaging stakeholders and the County Executive as it seeks accountability and reforms in Nairobi's development control and approval systems.