The Environment and Land Court at Kwale has delivered its ruling in ELC Case No. 12 of 2021, affirming several points SCRA's membership has raised in various forums over the years and setting jurisprudence likely to guide similar matters in future.
The ruling reinforces that development permission is a mandatory requirement under the Physical and Land Use Planning Act 2019, which retained provisions from the former Physical Planning Act. Development control objectives under the Act include ensuring orderly land use, protecting the environment, promoting public safety, and ensuring public participation in planning decisions.
Under Section 57 of the Act, carrying out development without permission is an offence carrying a fine of up to five hundred thousand shillings or imprisonment of up to two months, and county authorities may require land to be restored to its original condition within ninety days of non-compliance being established.
The ruling also reaffirms that built-up area may not exceed 50% coverage of a land parcel under the applicable zoning plan. Taken together, the judgement reaffirms SCRA's long-standing advocacy position and legitimizes the existing zoning plan, underscoring the importance of due process and public participation for any development on the South Coast.