Nairobi Landlords and Developers Must Repair Damaged Roads Under New Zoning Policy

Property owners and developers in Nairobi will bear the cost of repairing roads and other public infrastructure damaged during construction works. The requirement forms part of the Nairobi City County Development Control Policy 2026, which was recently gazetted. The policy seeks to shift some of the burden of maintaining public assets onto those undertaking private developments.

According to the new rules, developers must restore any affected infrastructure to its original state. The County Engineer responsible for roads must approve the restoration works. Contractors are also required to maintain the section of road or other infrastructure they use throughout the entire construction period. Occupation certificates will only be issued after full restoration and approval.

This measure addresses a long-standing complaint in Nairobi. Heavy construction activities frequently damage roads, drainage systems, and pavements. Previously, the county government shouldered most repair costs while developers moved on to new projects. The policy change aims to create greater accountability and reduce the strain on public resources.

In addition to direct repairs, developers will contribute to broader infrastructure funding. The county will impose an Infrastructure Levy on development applications. This levy will support collaborative projects with agencies such as the Kenya Urban Roads Authority and the Kenya National Highways Authority.

A separate Development Impact Fee will also apply. This one-time charge is payable during the building permit application process. It is calculated based on the development’s floor area and location. The fee is designed to offset the additional pressure that new projects place on roads, drainage, water supply, and other utilities. Revenue collected will go into the Nairobi Urban Infrastructure Reinvestment Fund, dedicated exclusively to infrastructure development and maintenance.

The policy introduces further conditions for developments in areas earmarked for future road expansion. Landowners must surrender the required portion of their property to facilitate widening or realignment. Previously, a fixed percentage of land was often demanded. The new approach bases the surrender on the projected population the development will generate. This attempts to link land contribution more directly to expected traffic impact.

Nairobi Governor Johnson Sakaja’s administration has framed these rules as necessary for managing rapid urban growth. The capital continues to see intense construction activity as demand for housing and commercial space rises. Without stronger controls, public infrastructure risks deteriorating faster than the county can repair it.

The policy aligns with wider efforts to improve mobility in a city long plagued by traffic congestion. Collaboration with national agencies on road expansion, non-motorised transport lanes, and better service access forms part of the strategy. By making developers part of the solution, the county hopes to accelerate infrastructure upgrades while protecting existing networks.

Construction stakeholders may face higher project costs under the new regime. Material suppliers, contractors, and consultants will need to factor in restoration obligations and impact fees during bidding and budgeting. Some developers have already expressed concern about potential delays in approvals if restoration standards are set too high or enforcement proves inconsistent.

For residents, the policy offers potential relief from construction-related disruption. Roads torn up for months or years could be returned to better condition more reliably. The Development Impact Fee, if transparently managed, could generate dedicated funding for long-overdue upgrades in high-growth neighbourhoods.

Nairobi’s experience could influence other counties facing similar pressures. As Kenya urbanises rapidly, balancing private development rights with public infrastructure sustainability has become a central planning challenge. The success of these rules will depend on clear guidelines, fair enforcement, and genuine collaboration between the county, developers, and residents.