Two Nairobi County officials convicted of contempt over South C building dispute

Two senior Nairobi County officials are awaiting sentencing after a court found them guilty of ignoring directives to stop construction on contested land in South C, raising questions over the county government's enforcement of court orders.

The Environment and Land Court ruled that the County Secretary and the County Executive Committee Member for Built Environment and Urban Planning failed to act on orders issued to prevent further development on the property despite knowing that the directives were in force.

In a decision delivered on November 12, 2026, Justice Oscar Angote held that the two officials had disobeyed orders issued on February 24 and March 10, 2026, which required Nairobi County to stop further construction on the disputed parcel.

The judge directed the officials, who currently hold the respective positions, to appear before the court on a date to be communicated for mitigation and sentencing.

The dispute concerns land identified as L.R. No. 209/11646, located next to Parkview Apartments along Muhoho Road in South C. The property was allocated to South C BB Centre Limited by Nairobi County through a Temporary Occupation Licence dated November 5, 2024.

Under the arrangement, the company was permitted to operate a football pitch on the land but was not allowed to erect permanent structures. It was also required to obtain the relevant statutory approvals before undertaking any development.

Petitioner Khalib Mohammed moved to court, accusing the company of breaching the licence conditions by putting up commercial shops, developing a basketball court and laying a concrete slab on the property.

He further claimed that the works interfered with public sewer infrastructure and were carried out without the required environmental approvals and public participation.

The complaints led to court intervention on February 24, 2026, when Justice Angote issued orders stopping additional construction. The directives were extended on March 10, with the county government instructed to take immediate steps to prevent any development that could cause environmental harm.

In examining the contempt application, the judge found that the orders had been properly communicated to the respondents and left no doubt about what was required of them.

Photographs and video footage submitted by the petitioner, covering the period between February 25 and April 8, 2026, showed that construction activities had continued despite the court's intervention.

Based on the evidence presented, Justice Angote concluded that the petitioner had sufficiently demonstrated that the court's directives had been disregarded.

“The court therefore finds that the Petitioner has established, to the required standard, the contempt alleged,” the judge ruled.

However, the court declined to hold the three directors of South C BB Centre Limited personally liable, explaining that the petitioner had not applied to lift or pierce the company's corporate veil to establish their individual responsibility.

Beyond the contempt finding, the court issued additional conservatory orders to safeguard the disputed property as the main case proceeds.

South C BB Centre Limited, together with its employees, agents and contractors, was barred from carrying out further construction, commercial operations or other development on the land until the petition is determined.

Nairobi County was separately directed to take immediate measures to stop and prevent any further development on the property.

Justice Angote clarified that the temporary restrictions were intended to preserve the land rather than settle the ownership and other substantive questions raised in the petition.

“The obligation at this stage is not to determine the dispute in favour of the Petitioner, but to take reasonable enforcement measures to preserve the property,” the judge stated.

The respondents were also ordered to jointly and severally bear the costs of the applications.