Blow to Government as High Court stops Southlands affordable housing project, Quashes NEMA License

Añadido: 2026-05-31

[00:00:00]over the Southlands affordable housing project. In summary, he seeks declarations that the project and the approvals issued in relation thereto violate the Constitution, EMCA, and the Blooper, particularly in relation to environmental safeguards, zoning, land use regulation, and public participation requirements.

[00:00:17]He further seeks declarations that the suit property was unlawfully converted from public utility land to private development, that no EIA EIA license or development approval should issue absent full compliance with constitutional and statutory requirements, including meaningful public participation and stakeholder consultation.

[00:00:36]The petitioner additionally seeks orders of certiorari, prohibition, and mandamus to quash and restrain the impugned approvals and development activities, compel compliance and revocation of approvals, restore and rehabilitate the environment, and permanently restrain further implementation of the project pending compliance with the law. The Constitution vests this court with broad remedial powers in proceedings brought for the enforcement of fundamental rights and freedoms.

[00:01:02]Article 23 of the Constitution provides that in proceedings brought under Article 22, the court may grant appropriate relief, including declarations of rights, injunctions, conservatory orders, declarations of invalidity, compensation, and orders of judicial review.

[00:01:18]In light of the findings made herein and having considered the pleadings, affidavits, evidence, and submissions presented by the parties in totality, the court is satisfied that the petitioner has partially established the petition [clears throat] dated 4th of July 2025.

[00:01:34]Consequently, the petition is partially allowed in the following terms.

[00:01:38]A.

[00:01:39]A declaration be and is hereby issued that the respondents' actions and omissions in approving, facilitating, and proceeding with the impugned development violate the petitioners' and other residents' constitutional rights under Articles 10, 42, 47, 69, and 70 of the Constitution, as particularized hereunder. Roman one, a declaration is hereby issued that the first, second, third, fourth, fifth, seventh, and 10th respondents by approving and implementing the impugned project without lawful adherence to statutory and environmental safeguards have violated the Constitution and the Environmental Management Coordination Act by failing to conduct a proper environmental impact assessment and obtaining an EIA license before commencing construction.

[00:02:28]Roman 2, a declaration is hereby issued that no environmental impact assessment license or approval shall be issued in respect of the South B affordable housing project unless and until there's full compliance with the law including A, meaningful and effective public participation as captured in this judgment. B, obtaining the approval of all lead agencies in accordance with Articles 10, 42, and 69 of the Constitution and the provisions of EMCA.

[00:03:00]C, conducting a comprehensive environmental and social impact assessment and an EIA license from the 10th respondent.

[00:03:11]B, that is capital B, that's the second order. An order of certiorari is hereby issued quashing EIA license number NEMA/ Stok/EIA/Stok/0001425 issued on 16th of December 2025.

[00:03:29]Uh capital C, an order of prohibitory injunction is hereby issued restraining the respondents, their agents, employees, contractors, developers, or representatives from commencing, continuing, or undertaking any operations or construction activities in relation to the South B affordable housing project similarly famously known as the South B affordable housing project [clears throat] pending full compliance with the law including and not limited to A meaningful and effective public participation as captured in this judgement B [clears throat] obtaining the approval of all lead agencies in accordance with articles 10, 42 and 69 of the constitution and the provisions of EMCA C conducting a comprehensive environmental and social impact assessment and obtaining environmental impact assessment license from the 10th respondent.

[00:04:27]After D, that's the final order. Each party to pay to pay its own cost given the public interest nature of the petition.

[00:04:37]So, that is the judgement of the court which is runs at 127 page 128 pages. We are going to upload this judgement in the next few minutes. So, be on the lookout probably the next 1 hour we'll have uploaded it so that you can read the judgement and >> [clears throat] >> and get instructions from your clients.

[00:05:07]Thank you very much for listening to us.