How To Design A City And Its Zoning Laws
Presented by Brenda Ngoya
06/10/2025
the vastness of the field
City making is not a one professional job—it's an entire universe of professions, decisions, and dreams colliding.
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welcome
What I want you to know upfront:
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major professionals in city making
Urban Planning (The Big Picture People)
Urban Design (The Experience Makers)
Architecture (The Building Artists)
Landscape Architecture
Interior Designer
Surveying (The Boundary Keepers)
Civil Engineering (The Infrastructure Builders)
Niche based professional
Nature based solution expert, Sustainability experts, researchers,
design vs. planning
Cities occupy 3% of Earth's land BUT:
How we plan and design cities determines whether we stay within or break through planetary boundaries.
Sources: Stockholm Resilience Centre (Planetary Boundaries Research); UN-Habitat (Urban Environmental Impact)
But we're also victims: Climate impacts, water stress, ecosystem collapse affect us NOW.
Our Cities Are Contributing to ALL 6 Crossed Boundaries:
Formal Planning
Informal Planning
Planning recognized by law, led by professionals and government institutions
Organic, community-led spatial organization without official sanction or documentation
Where I work
urban land models
history of urban planning & design in Kenya
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Nairobi in the old days
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City Hall
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Garden City Theory:
Kaloleni estate (1945-1948)
Built by Italian POWs, Kaloleni was revolutionary for one reason:
It acknowledged that African workers were human beings with families.
what happened in practice:
✅ Beautiful layout and architecture (the bones are still there)
✅ Community spaces that became historic (Kaloleni Social Hall hosted early independence meetings)
✅ Home to national heroes (Kenyatta, Mboya, Obote lived there)
❌ Built to house Africans cheaply, not equitably
❌ Still segregated from "European" Nairobi
❌ Maintenance neglected post-independence
❌ Today: Overcrowding, illegal extensions, garbage, water shortages
❌ The "garden" has disappeared
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history timeline
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Current realities
Over 60% of residents live in informal settlements (Kibera, Mukuru, Mathare)
Spatial Inequality: The richest 10% earn 45.2% of Nairobi’s income while the poorest 10% earn just 1.6%, with gated suburbs bordering informal settlements.
Source: Unequal scenes
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legal framework
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Law | Year | What It Does | Who Enforces | Why It Matters for Cities |
Constitution of Kenya | 2010 | Creates devolution; devolves planning to counties; guarantees citizen participation | All levels of government | Foundation of everything - counties now control urban planning |
Urban Areas and Cities Act | 2011 | Creates city/municipal boards; classifies urban areas; establishes urban governance | County Governments | Defines how your city is actually run day-to-day |
Physical and Land Use Planning Act (PLUPA) | 2019 | Main planning law; governs zoning, development approvals, spatial plans | Counties (National coordination via PLUPLC) | Controls what gets built where - every development goes through this |
County Governments Act | 2012 | Defines county powers and functions; operationalizes devolution | County Governments | Gives counties power over roads, transport, planning, services |
Environmental Management & Coordination Act (EMCA) | 1999 | Requires EIAs for major projects; sets environmental standards | NEMA (National Environment Management Authority) | Protects communities from harmful developments |
Land Act | 2012 | Governs land administration and use | National Land Commission & Counties | Controls how land is used, subdivided, and acquired |
Building Code Regulations | 2021 | Sets building standards, safety requirements, accessibility | Counties | Ensures buildings are safe and accessible |
Persons with Disabilities Act | 2003 | Requires accessibility in all public buildings and spaces | National Council for PWDs & Counties | Mandates ramps, accessible toilets, inclusive design |
planning levels
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PLANNING LEVEL | GEOGRAPHIC SCOPE | TIME FRAME | WHO PREPARES | WHAT IT COVERS | EXAMPLE |
National Spatial Plan | Entire Kenya | 20-30 years | National Government (Ministry of Lands) | Overall national development vision, infrastructure corridors, major investments | Kenya Vision 2030 spatial framework |
Regional Spatial Plan | Multi-county regions | 15-20 years | Regional coordination (multiple counties) | Cross-county infrastructure, economic zones, shared resources | Lake Region Economic Blueprint |
County Spatial Plan | Entire county | 10 years | County Physical Planning Department | County-wide land use, infrastructure, settlement patterns | Nairobi City County Spatial Plan |
Local Physical Development Plan | City/Town/Neighborhood | 5-10 years | County Planning with community input | Detailed zoning, plot ratios, street networks, public facilities | Eastlands Local Plan, Karen Zoning Scheme |
Special Planning Area (SPA) | Specific informal settlements or districts | 5-10 years | Multi-stakeholder (government, community, NGOs) | Upgrading plans, infrastructure investment, tenure security | Mukuru SPA Plan |
urban area classification
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Category | Population | Governance Structure | Examples in Kenya |
Cities | 500,000+ | City Board (appointed by Governor) | Nairobi, Mombasa, Kisumu, Nakuru, Eldoret |
Municipalities | 250,000 - 500,000 | Municipal Board | Embu, Ruiru, Kikuyu, Mavoko (Athi River) |
Towns | 10,000 - 250,000 | Town Committees/Boards | Naivasha, Malindi, Nyeri, Kitale |
Urban Centres | Below 10,000 | Market/Trading Centre Committees | Hundreds of small trading centres |
development approval process
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Step | What Happens | Who's Involved | Timeframe (Legal) | Timeframe (Reality) |
1. Pre-Application | Consult County Planning Department; get plot info and zoning requirements | Developer, County Planners | N/A | Variable |
2. Prepare Plans | Architect/Engineer draws plans following zoning and building code | Developer, Architect, Engineer | N/A | 2-4 weeks |
3. EIA (if required) | Environmental Impact Assessment for major projects | Developer, NEMA, Community | 60 days | 3-6 months |
4. Submit Application | Submit to County Physical Planning Department with all documents | Developer, County | N/A | 1 day |
5. Public Participation | Public notice; allow objections/comments | County, Neighbors, Public | 14-30 days | Often skipped or rushed |
6. Site Inspection | County planners visit site to verify compliance | County Physical Planning Officers | 7-14 days | Often delayed |
7. Committee Review | County Physical Planning Committee evaluates application | County Committee, Technical Staff | 30-60 days | 3-12 months |
8. Approval/Rejection | Decision communicated; conditions attached if approved | County CECM for Lands | Within 60 days of application | 6-18 months |
9. Building Plan Approval | Detailed structural/architectural approval | County Building Department | 30 days | 2-6 months |
10. Construction | Build according to approved plans with inspections | Developer, County Inspectors | N/A | Variable |
11. Occupancy Certificate | Final inspection; certificate issued if compliant | County Building Department | Within 14 days of completion | Often delayed/skipped |
common zoning types
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ZONE TYPE | ALLOWED USES | PLOT RATIO | BUILDING HEIGHT | EXAMPLE AREAS IN NAIROBI |
Residential - Low Density | Single family homes, gardens | 30-40% | 2-3 floors | Karen, Runda, Muthaiga |
Residential - Medium Density | Maisonettes, small apartments | 40-50% | 3-5 floors | Lavington, South C, Kileleshwa |
Residential - High Density | Apartments, flats | 50-60% | 5-10 floors | Kilimani, Parklands, Eastleigh |
Commercial | Shops, offices, hotels, restaurants | 60-80% | 10-20+ floors | CBD, Westlands, Upperhill |
Mixed-Use | Residential + Commercial combined | 50-70% | 5-15 floors | Ngong Road, Mombasa Road |
Industrial - Light | Warehouses, light manufacturing, workshops | 50-60% | 2-4 floors | Industrial Area, Baba Dogo |
Industrial - Heavy | Factories, heavy manufacturing | 40-50% | Variable | Athi River, Thika |
Institutional | Schools, hospitals, government offices, religious buildings | 30-50% | Variable | Scattered throughout |
Recreational/Open Space | Parks, playgrounds, sports facilities | Maximum 10% coverage | Low structures only | Uhuru Park, City Park, Karura Forest |
citizen participation opportunities
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Stage | How to Participate | When It Happens | Legal Requirement | How Effective? |
Spatial Plan Preparation | Public forums, written submissions | During plan drafting (every 5-10 years) | Mandatory | 🟡 Moderate - if you engage early |
Development Applications | Object in writing during public notice period | When major projects proposed | Mandatory for major projects | 🟢 Good - objections can stop projects |
EIA Process | Attend EIA public meetings; submit comments | Before project approved | Mandatory for major projects | 🟡 Moderate - NEMA often approves anyway |
County Budget Participation | Budget forums, public hearings | February-June annually | Mandatory | 🔴 Weak - budgets often predetermined |
Court Challenges | File case in Environment and Land Court | After illegal approval/violation | Open to any interested party | 🟢 Good - courts increasingly active |
Residents' Associations | Join or form neighborhood groups | Ongoing | Not required but powerful | 🟢 Good - collective voice matters |
Social Media Campaigns | Twitter/X, WhatsApp groups, petitions | Ongoing | Not formal but influential | 🟢 Good - can force government response |
Direct Engagement with MCAs | Meetings, petitions to County Assembly | Ongoing | Constitutional right | 🟡 Moderate - depends on MCA responsiveness |
Key: 🟢 = Often Effective | 🟡 = Sometimes Effective | 🔴 = Rarely Effective
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theory vs. reality - the implementation gap
WHAT THE LAW SAYS | WHAT ACTUALLY HAPPENS | WHY THE GAP? |
All developments must follow approved spatial plans | Many areas have no updated plans; developers build anywhere | Outdated plans (some from 1970s); counties lack capacity to update |
Public participation mandatory for all major projects | Notices hidden in newspapers; meetings during work hours; feedback ignored | Tokenistic compliance; fear of public opposition; elite capture |
EIAs required for major developments | Rubber-stamped approvals; communities not genuinely consulted | NEMA understaffed; political pressure; developer influence |
County Planning Committees approve developments within 60 days | Applications take 6-18 months (or fast-tracked overnight for connected developers) | Understaffing; corruption; political interference |
Illegal structures must be demolished | Illegal buildings occupied for years; demolition orders ignored | Political protection; fear of backlash; lack of enforcement capacity |
Buildings must meet accessibility standards (PWDs Act) | Most new buildings have no ramps, accessible toilets, or elevators | Law ignored; no inspections; developers cut costs |
Zoning protects neighborhoods from incompatible uses | "Spot zoning" allows random approvals (e.g., nightclub in residential area) | Corruption; political favors; "zoning on demand" |
Citizens have right to object to harmful developments | Objections filed but never addressed; projects proceed anyway | County planners ignore feedback; developers have inside connections |
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CASE/ACTION | YEAR | ISSUE | OUTCOME | LESSON |
Rhapta Road Residents vs. Nairobi County | 2024-25 | High-rises approved beyond zoning limits | Court ruled in favor of residents; ordered County to develop transparent zoning rules | Citizens CAN win; courts enforce planning laws |
Karura Forest Defense | 2000s-ongoing | Illegal land grabbing; encroachment | Forest saved; now protected public park | Sustained activism works |
Mukuru SPA Plan | 2018-ongoing | Informal settlement upgrading | 100,000+ residents participated in spatial plan; government adopted plan | Participatory planning is possible |
Thika Road Mall EIA Challenge | 2023 | EIA approval without genuine consultation | Project delayed for additional community engagement | EIA law can be enforced if challenged |
recent legal wins for citizens (2023-2025)
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key takeaways