Residents of Brookside Estate in Nairobi’s Westlands have raised serious safety and legal concerns about a 24-storey high-rise being constructed in the area.
The development, which far exceeds the permissible four floors under Nairobi County zoning, has already caused near-tragic incidents, including scaffolding poles falling into residents’ compounds.
On March 23, 2026, two steel scaffolding poles, each approximately five meters long, fell from a height of roughly 40 meters into a residential driveway.
The incident was reported as carrying nearly 8,800 Joules of energy, about 100 times the force required to cause human fatality.
The residents immediately reported the incident to authorities, requesting a Stop Work Order and emergency safety inspections.
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The high-rise follows another recent incident in the area where a 22-storey building partially collapsed, killing one worker and trapping others. Families say they now fear for their safety, and children have been restricted from outdoor play.
Residents, represented in court filings, cite numerous grievances against the development, including increased population density that the local infrastructure cannot support, adverse effects on the nearby Kibagare River, inconsistent land use, and loss of natural light.
They note that last year’s heavy rains worsened the situation, causing a perimeter wall to collapse during ongoing construction.
The petitioners—comprising Zenith Property Limited, River Gardens Park Management Limited, Sunset Management Limited, Royal Brookside Gardens Management Limited, Lancaster Limited, Norwich Union Properties Limited, and individual homeowners including Martin Mogwanja and Nicholas Vilelle—filed a legal challenge at the Environment and Land Court.
They argue that the high-rise violates their constitutional rights under Articles 10, 15, 42, 47, and 69, including the right to a clean and safe environment.
Court documents reveal that the Nairobi City County Government and National Environment Management Authority issued approvals and an EIA license for the development despite residents’ repeated objections.
The petition notes that the Brookside Forest Limited did not obtain the required change of use before being issued development permission, making the process procedurally defective.
The building approval authorized 19 floors, while the NEMA EIA license permitted 18 floors—both exceeding the four floors allowed under the County’s Zoning Guide for Zone 4A.
Petitioners state that the development threatens the character of the neighborhood, risks overloading narrow roads, and could negatively impact tree cover and the nearby river.
They request that the court halt construction until proper reviews and safety compliance measures are enforced.
They claim that Brookside Forest Company continued construction despite objections and advertised off-plan units with completion scheduled for December 2027.
The petitioners argue that if construction continues, the adverse environmental, safety, and social impacts will be irreversible, while the developer would not suffer prejudice if the project is paused pending lawful review.
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The residents also documented repeated communication with authorities, including letters dated October 1 and October 18, 2024, to the National Construction Authority (NCA), highlighting concerns about environmental impact, infrastructure strain, and procedural lapses.
In the letter, the residents requested that NCA dispatch an emergency Compliance and Enforcement team to the site and issue an immediate Stop Work Order until a full safety audit is completed.
They also wanted the authority to ensure the contractor is held accountable for this gross negligence under the NCA Act.
Zoning Rules
Westlands, one of Nairobi’s busiest commercial hubs, is governed by zoning rules that dictate what can be built and where. The area covers Westlands CBD, Museum Hill, and Blocks 1–5, where developers are allowed to construct commercial buildings, offices, residential high-rise flats, and hotels.
Under current regulations, buildings can cover up to 80% of a plot, with a plot ratio of 200%, meaning the total floor area can be up to twice the size of the land. However, some parts of Westlands still have a maximum limit of four storeys, and developers must work on plots of at least 0.05 hectares (roughly 500 square metres).
