A Sh121,000 payment to a physical planner for using his professional credentials to secure a change-of-user approval has emerged as a key issue in the investigation into the Eastleigh building collapse, with the professional admitting he never met the developer or established who was running the project.
Nathan Mutunga Kiti made the admission while appearing before the Nairobi City County Assembly's Planning Committee on Tuesday, November 10, where he was questioned about his role in obtaining approval for the 18-storey building that collapsed, killing eight people.
Mutunga told the committee that his involvement began after county planning officer Joseph Mutua sought his assistance in submitting a change-of-user application through Nairobi's online planning portal.
He explained that the officer did not have the professional credentials required to lodge the application and therefore needed someone qualified to submit the documents on his behalf.
The planner agreed to provide his credentials, allowing the application to be filed and subsequently processed by the county. He said he received Sh121,000 through M-Pesa from Mutua after completing the assignment.
“I was called in to assist with the credentials. After doing the work as requested, I received the payment of Sh121,000 through M-Pesa,” he told the committee.
In his testimony, Mutunga maintained that he had no direct contact with the property's developer, identified as Mr Mutie, throughout the process.
He said the application documents reached him through broker Japheth Malusi and Mutua, who was attached to the county's Planning Department.
"Mr Chairman, I didn't meet the developer Mr Mutie in person. I was just brought documents through a broker, Japheth Malusi, and Planning Department officer Mr Mutua. Mutua is the one who paid me after finishing my work and successfully changing the user," he told the committee.
The application, which was submitted in October 2024, sought permission to alter the property's original use from a single residential dwelling to commercial premises and multi-dwelling apartments.
Mutunga told the MCAs that his assignment ended after facilitating the change-of-user application, arguing that he had no responsibility for supervising the actual construction or determining whether the completed development followed the approved designs.
He placed responsibility for implementing the project on the developer and the professionals involved in construction, including the contractor, engineer and architect.
However, the committee questioned why he accepted the work without first confirming the identity of the developer and whether those who approached him had the authority to make changes to the property's approved use.
Committee member Anthony Kiragu particularly questioned the planner over his decision to proceed after learning that the individual presented as the developer was deceased.
Mutunga responded that a succession process was underway and that letters of administration had been issued in connection with several properties belonging to the deceased.
Despite this explanation, he conceded that he had not established the person who was actually overseeing the Eastleigh development.
“That is something that I failed to do, and I am sorry I did not do due diligence,” he told the committee.
His testimony also drew criticism from committee chairman Geoffrey Majiwa, who accused him of giving inconsistent accounts about how he was connected to the people behind the application.
Majiwa questioned why Mutunga had initially suggested that Malusi introduced him to the developer, only to later explain that he never met the developer and received the documents through the broker and Mutua.
"You said earlier that Mr Japheth is the one who introduced you to the developer, but later you are telling us that you did not meet him and that it was Mutua who introduced you to Japheth. Stop misleading this Committee because if you do, we shall declare you a hostile witness," Majiwa warned.
The committee also sought clarification on whether the planner had worked with the broker and the county officer to obtain the approval through the online portal.
"Can you be clear and tell us that you colluded with Japheth and our staff, Mr Mutua, so that you apply and get approval from Mutua, who is in charge of the portal at City Hall? Is that what you are telling us?" Hashim Kamau of California Ward asked.
The committee's inquiry is seeking to establish how the building was permitted to rise to 18 storeys, who initiated the development and the county officials and professionals involved in processing and overseeing its approvals.
The structure came crashing down on October 23, 2026, while construction was still underway, trapping workers and other people beneath the rubble.
Concerns have also emerged over reports that businesses were operating on the lower floors while construction continued, raising questions about the enforcement of building safety rules and the county's inspection procedures.
Eight people were confirmed dead after rescue and recovery teams spent nearly two weeks searching through the debris.
The committee had also planned to question the building's developer and Nairobi County Executive Committee Member for Urban Planning, Patrick Mbogo, but neither appeared before the MCAs.
They reportedly indicated that they were attending a meeting convened by Governor Johnson Sakaja, a development that frustrated committee members who were seeking explanations from those directly linked to the project.
Majiwa said the committee would not abandon its investigation despite the difficulties in establishing the identity of the developer and the chain of responsibility.
"No one wants to take responsibility, and we may want to grill the owner, but from the information we are getting, no one wants to tell us who the developer is. But we will get down to it," Majiwa said.
The MCAs are expected to summon the relevant officials to explain how the change-of-user application was lodged, who authorised its approval and whether the building eventually put up adhered to the approved development plans.
The investigation is unfolding against the backdrop of wider concerns about the management of Nairobi County's planning department.
Last week, County Public Service Board Chairperson Thomas Kasowa informed MCAs that several senior officers in the Department of Built Environment and Urban Planning had remained in acting positions beyond the six-month limit provided under public service regulations.
Kasowa also revealed that some officers were performing statutory duties without formal acting appointment letters from the County Public Service Board.
The concerns have placed the department under further scrutiny given its responsibility for approving building plans, controlling land use, inspecting construction sites and ensuring developers comply with approved standards across the city.