The Commission on Administrative Justice has called for criminal charges and internal disciplinary action against several Nairobi City County officials after finding that a high-rise project in Eastleigh received unlawful approvals.
In its findings, the Office of the Ombudsman said county officers endorsed and processed development permissions for Khaleej Towers in breach of the Physical and Land Use Planning Act, 2019, and the Local Government (Adoptive By-Laws) (Building) Order, 1968. The Commission stated that the approvals ignored planning, zoning and building rules, and that weak enforcement allowed the construction to move on despite clear violations.
The Commission has recommended that the Director of Public Prosecutions begin legal action against those involved, while the Nairobi City County Public Service Board starts disciplinary proceedings against senior and technical staff linked to the approvals.
Stephen Mwangi, the CECM for Built Environment and Urban Planning, was cited for major failures during the approval process. He is said to have ratified building plans while technical concerns were still unresolved, relied only on forwarded memos without carrying out independent checks, and failed to ensure enforcement after revocation, which allowed continued breaches.
Patrick Analo, Chief Officer for Urban Development and Planning, was found to have “forwarded non-compliant applications for ratification, approved plans despite unresolved objections, submitted inconsistent application lists and did not enforce notices or revocations.”
The inquiry also faulted Fredrick Ochanda, Assistant Director of Development Control, who allegedly “advanced applications despite compliance issues, issued approval letters prematurely before UPTC deliberation and CECM ratification, and withheld unresolved objections from the Technical Committee.
Simon Omondi, a Development Control Officer, reportedly presented building plans to the UPTC without confirming that technical objections had been addressed and did not flag the outstanding concerns during discussions.
Edward Okuku, Planning, Compliance, and Enforcement Officer, was also criticised for issuing an enforcement notice in January 2023 but failing to follow it up, which allowed the works to continue. Tom Achar, Director of Planning, Compliance, and Enforcement, is said to have overseen the issuance of the notice but did not ensure action was taken, did not report the ongoing breaches to the UPTC, and permitted continued violations.
The investigation was triggered by a complaint filed in October 2023 by Coldstone Investment Limited over a boundary dispute with Khaleej Towers Limited in Eastleigh. Coldstone argued that the neighbouring development had been approved irregularly in violation of planning, zoning, building and environmental rules, affecting its property rights and those of its tenants.
Among the issues raised were failure to observe required building setbacks, encroachment through hoarding and scaffolding, demolition of a boundary wall, installation of a sewer line on Coldstone’s land without approval, blockage of light and ventilation, dumping of construction waste, and failure by county officials to enforce compliance.
Khaleej Towers Limited, however, maintained that it had secured all the required approvals and said Coldstone’s objections were based on a claimed public sewer wayleave that it argued made the land public.
“The Commission instituted an investigation to determine the veracity of the claims and whether Nairobi City County Government and Nairobi City Water and Sewerage Company (NCWSC) acted in accordance with applicable laws, regulations, and professional obligations. The investigation established that the sewer line runs exclusively within Coldstone’s property,” CAJ said.
“Although it serves a public utility function, the land remains private property vested in Coldstone Investment Limited, subject only to NCWSC’s limited right of use for sewerage purposes.”
