[PHOTOS] Highrise buildings near Moi Air Base, what the law says

On Saturday, during the 60th Kenya Air Force Anniversary celebration President William Ruto stated that developers within Eastleigh and its environs must ensure buildings maintain height standards as agreed upon by the Kenya Air Force and the Kenya Defence Forces.

"All buildings that have been built beyond the heights that are provided for in law, we will work with Nairobi City County to make sure that all developers keep to the standards that we have agreed with the Kenya Air Force and Kenya Defence Forces," Ruto said.

This, he said, will play a key role in ensuring that the Moi Airbase does not lose its premium position to buildings that pose a security threat.

Ruto committed to making sure Nairobi County enforces the set rules on buildings constructed beyond the set heights by law.

"My government is committed to making sure that this facility does not lose its premium status. In discussions with the county government regarding all buildings that have been built beyond heights that are provided for within the law, we will work to make sure that all developers keep to the standards that we have agreed upon by the Kenya Airforce and the Kenya Defence Forces," he said.

In April, Nairobi Governor Johnson Sakaja announced that they had scraped height restrictions to pave the way for taller buildings in some areas.

WHAT THE LAW SAYS

According to the law, the state has the power to regulate the use of any land.

"The State may regulate the use of any land, or any interest in or right over any land, in the interest of defence, public safety, public order, public morality, public health, or land use planning," Article 66(1) states.

Also, the Physical Planning Team, 2022 from the Physical Planning Handbook (2024), Chapter 5, Page 71, states that "there should be a buffer to determine on a case to case basis depending on the use of security installation."

This is mandated by the Department of Defence. 

The handbook also states in Chapter 5, from pages 165 to 167  that the military land shall be isolated from civilians by establishing a safeguarding area as a buffer zone between the military camps and civilian settlements.

With airbases, they have to protect the blocks of air through which aircraft fly, by preventing penetration of surfaces created to identify their lower limits.

The planners also have to protect the integrity of radar and other electronic aids to air navigation, by preventing reflections and diffractions of the radio signals involved. 

DEVELOPERS CALL FOR STAKEHOLDER MEETING

The Property Developers Welfare Society of Nairobi have since called for a meeting between the county and national governments to prevent any misinterpretation or confusion among stakeholders.

"As stakeholders in the development sector, we advocate for transparent communication, clarity in regulation and a supportive environment for sustainable growth," Secretary General Abdi Dahir said.

They said there is a need to distinguish between legitimate development activities and unlawful practices to prevent any form of harassment or exploitation of developers.

The developers assured that they will remain committed to supporting responsible development practices and collaborating with stakeholders.

This is to ensure a vibrant and thriving urban landscape for the benefit of all residents and investors.

The developers emphasised their commitment to adhering to Ruto's directives. 

"We wish to emphasize our commitment to adhering to these directives while also encouraging all developers to follow the approved plans they were given by the city-county of Nairobi," Dahir said.