# NEW DEVELOPMENTS

### The Architects Bill, 2026

This Bill proposes the enactment of legislation to provide for the training, registration, and licensing of architects, as well as the regulation and development of architectural practice. To achieve these objectives, the Bill establishes three interlocking institutions, the Institute of Architects, the Examination Board, and the Registration Committee. The Bill creates an end-to-end regulatory ecosystem that covers every stage of a professional's journey, from training and examination all the way through to annual certification and disciplinary action. The introduction of an annual practising certificate system is particularly significant, as it ensures continuous oversight of professionals and allows regulators to verify that architects remain compliant with professional standards and ethical obligations year on year rather than a one-time registration that offers no ongoing accountability. The Bill proposes penalties of up-to kes.5 million fine or three years in jail for those who falsify documents or masquerade as trained architects.

### Finance Bill, 2026

The Bill proposes to remove goods imported or purchased locally for direct and exclusive use in the construction of houses under an affordable housing scheme from the status of exempt goods from the 1st schedule of the VAT.

### [Okoiti v Ministry of Lands, Public Works, Housing and Urban Development & 11 others; Langata Reject Ahp Committee & 18 others (Interested Parties) (Land Case Petition E052 of 2025) \[2026\] KEELC 465 (KLR) (5 February 2026) (Ruling)](https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/465/eng@2026-02-05)

This case highlights the importance of securing requisite approvals prior to the commencement of any urban development project, as well as the importance of public participation before the implementation of a project that is likely to affect a large number of persons. &#x20;

At its core, the matter involves a petitioner who instituted proceedings seeking conservatory orders to halt the Government's ongoing construction of social housing and associated infrastructure in Southlands, Lang'ata Constituency, the Southlands Affordable Housing Project. The application was premised on alleged violations of the Constitution of Kenya, 2010, and statutory requirements pertaining to public participation and environmental impact assessment.&#x20;

#### The Environment and Land Court (ELC)&#x20;

The Petitioner raised the following substantive grounds:&#x20;

1. Lack of Public Participation: The project was implemented without meaningful public participation, in contravention of Article 10(2)(a) of the Constitution (national values and principles of governance) and the Environmental Management and Coordination Act (EMCA), 1999 (EMCA).&#x20;
2. Absence of Environmental Clearance: No valid Environmental Impact Assessment (EIA) licence was obtained, nor was a comprehensive Environmental and Social Impact Assessment (ESIA) report conducted prior to project implementation, contrary to the requirements of EMCA and attendant regulations.&#x20;

Although the Respondents placed considerable emphasis on the public funding of the project, the contractual exposure said to arise from delay, and the broader social value of delivering affordable housing, those considerations, however weighty, do not displace the threshold question whether the project was commenced and is being implemented in accordance with the Constitution and the environmental governance framework. It was the Court's view that while no EIA had been undertaken, the apparent gaps and inconsistencies in the ESIA documentation and public participation record disclose a prima facie case of non-compliance with statutory and constitutional environmental safeguards.&#x20;

In the Court’s view, the two matters go beyond mere suspicion or political contestation and disclose an arguable case of constitutional and statutory breach touching on Articles 10, 42 and 69 of the Constitution, as well as EMCA and the attendant regulations. Pending the full hearing and determination of the petition, the Court suspended the implementation of the Affordable Housing Project.&#x20;

### Physical and Land Use Planning Handbook 2025

On 3rd October 2025, the Ministry of Lands, Public Works, Housing and Urban Development, through the State Department for Land and Physical Planning, issued the Physical and Land Use Planning Handbook, 2025. A key advancement from its predecessor is the resolution of prior inconsistencies with the Constitution of Kenya, 2010, ensuring full alignment with the prevailing legal and regulatory frameworks governing Kenya's physical planning landscape. The Handbook provides practical guidance on the preparation and implementation of physical and land-use development plans, serving as a critical instrument for standardizing processes and procedures nationwide. It addresses significant gaps in emerging planning paradigms, including corridor development, techno and resort cities, sectional development, and the mainstreaming of Disaster Risk Management (DRM) considerations into physical and land-use planning. Additionally, it establishes comprehensive guidelines and standards on Disaster Risk Management, groundwater recharge basins, green cities, blue economy, techno cities, smart cities, vehicle charging stations, multi-modal interchanges, and corridor development. These enhancements are expected to positively impact the Affordable Housing Program by strengthening physical planning considerations during project implementation.


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