Objecting to a neighbour's building or development
Physical and Land Use Planning Act; Environmental Management and Co-ordination Act · sources read 3 Oct 2026
Yes. Anyone applying to build must notify the public, and members of the public can send objections to the county planning office, which must consider them. If the county still approves it, an interested party who is aggrieved can appeal to the County Liaison Committee within 14 days; a big project's NEMA licence can be appealed to the National Environment Tribunal within 60 days.
- Deadline
- 14 days from the county's decision to appeal to the Liaison Committee, which must decide within 14 days.
- Deadline
- Comments on an EIA study report: within the period in NEMA's notice, which cannot be more than 60 days (NEMA can extend it on request).
- Deadline
- 60 days to appeal a NEMA licence to the National Environment Tribunal.
- Deadline
- 30 days to appeal a Tribunal decision to the Environment and Land Court.
- Where
- Objections: your county's physical planning office. Appeals: the County Physical and Land Use Planning Liaison Committee; for NEMA licences, the National Environment Tribunal, then the Environment and Land Court
Steps
- Watch for the public notice of the proposed development, then send your objection in writing to the county executive committee member in charge of planning.
- The county must take the public's comments into account before it decides the application.
- If the county approves it and you are aggrieved, appeal to the County Physical and Land Use Planning Liaison Committee within 14 days of the decision.
- If you are unhappy with the Liaison Committee's decision, appeal to the Environment and Land Court.
- For a big project that needs a NEMA licence, comment on the EIA report when NEMA advertises it. If NEMA grants the licence and you are aggrieved, appeal to the National Environment Tribunal within 60 days.
Watch out
- If the county doesn't reply to an application in writing within 60 days, permission is treated as given, so object early.
- Filing an appeal at the Tribunal does not stop the project by itself; a party has to apply for an order keeping things as they are until the appeal is decided.
- Need more time to comment on an EIA report? Apply to NEMA to extend the comment period.
Who this covers
- Members of the public, including neighbours, can send objections to a proposed development.
- An interested party who is aggrieved by the county's decision on a development application can appeal.
- Anyone aggrieved by NEMA granting a licence can appeal to the National Environment Tribunal.
Official sources (2)
- Physical and Land Use Planning Act (No. 13 of 2019) new.kenyalaw.org · read 3 Oct 2026
- Environmental Management and Co-ordination Act (Cap. 387), revision as at 31 December 2022 nema.go.ke · read 3 Oct 2026