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Naomi Mutinda, Adv. May 6, 2026Urban Governance

The "New Machakos City" Stalled Dream

A case study on why large infrastructure projects face legal freezes and the importance of public participation

Machakos city skyline concept

The bold vision of a “New Machakos City” – a planned urban hub with modern housing, a business district, and a technology park – was announced with great fanfare in 2022. By 2025, the project was frozen by court orders, investors had pulled out, and residents were left wondering what went wrong. The primary reason: lack of meaningful public participation as required by the Constitution and the Physical and Land Use Planning Act, 2019. This case study extracts legal lessons for any large‑scale project in Kenya.

Constitutional mandate: Article 10(2)(a) and Article 174(c) require public participation in all governance processes, including county spatial planning and land use changes.

What Went Wrong – The Legal Flaws

  • No public notice: The Machakos County Government announced the project through a press release, but did not issue public notices in the Kenya Gazette or local newspapers as required by the County Governments Act.
  • Incomplete EIA process: An Environmental Impact Assessment was rushed, skipping the mandatory public scoping meetings.
  • Lack of disclosure: Residents were not informed about which parcels of private land would be compulsorily acquired or how compensation would be calculated.
  • Ignored alternative views: A community‑based organisation sued, arguing that the project would displace farmers without adequate resettlement plans.

Court Ruling and Consequences

In Mavoko Residents Association v. County Government of Machakos & 2 others (ELC Petition No. 14 of 2024), the Environment and Land Court issued an injunction stopping all construction, declared the project's approval void for lack of public participation, and ordered fresh consultations within 18 months.

The investor backed out due to uncertainty. The county lost millions in legal fees and reputational damage.

Legal Blueprint for Avoiding Such Freezes

  1. Early stakeholder mapping – identify all affected landowners, businesses, and community groups.
  2. Multi‑channel public notices – gazette, newspapers, social media, barazas, and radio announcements.
  3. Documented feedback – keep minutes, signed attendance lists, and written submissions.
  4. Integrate public input into the final plan – explain in writing why certain suggestions were accepted or rejected.
  5. Conduct a genuine EIA process – with physical meetings, not just online forms.

What Citizens Can Do When Projects Ignore Their Input

  • File a complaint with the Commission on Administrative Justice (Office of the Ombudsman).
  • Petition the National Land Commission if land acquisition is irregular.
  • Seek judicial review in the Environment and Land Court within 6 months of the decision.
"Public participation is not a checkbox exercise. If the people who will live with the project are not heard, the courts will stop the project – no matter how grand the vision. The New Machakos City case is a warning to every county." — Naomi Mutinda, Environmental & Land Advocate

Musyoka & Mutinda advises investors and counties on compliant public participation frameworks. We also represent communities challenging exclusionary planning decisions.