Fresh details have now emerged that Nairobi governor Johnson Sakaja’s point men illegally sit on the building plans technical approval committee amid ongoing probe involving a web of criminal syndicate involved in irregular approval of building architectural plans by the Ethics and Anti-Corruption Commission (Eacc), The Informer Media Group can authoritatively reveal.
While appearing before the Select committee on Planning at the Nairobi County Assembly, County Executive Committee Member for Built Environment and Urban planning Stephen Mwangi (SG) made the shocking revelations adding that two represent the governor and that he cannot say anything to them even though it is illegal.
The duo are Nairobi Chief Of Staff David Njoroge and Liaison Officer Osman Khalif.
“Osman and David illegally sit in the committee of twenty-two members because they represent the governor. It is illegal but I can never say anything to them.” SG confessed.
Osman, Sakaja’s Liaison officer and close confidant is not new to controversy.
In November 2023, the former South C MCA was abducted and later released after eight days.
However, he did not divulge information about his kidnappers but claimed he was tortured.
While appearing before the assembly committee, SG Mwangi said that governor Sakaja convened what he termed as an “illegal” meeting, at his private residence along Riverside Drive on March 8, 2024 since is not a gazetted office where a total of 154 building approvals were discussed, out of which 131 were sanctioned.
He further revealed that Osman and Njoroge were in attendance.
This comes days after Eacc raided homes of two City Hall officials in connection with alleged illegal building approvals.
Eacc sleuths are keen to unearth a clandestine illegal syndicate involved in a multi-million irregular approval of building plans at City Hall including engaging in unlawful changing of plot ratio in order to get kickbacks thus denying the Nairobi county government hundreds of millions in revenue which are diverted to private pockets controlled by a cartel involving suspected senior City Hall officials, City Hall power brokers and unscrupulous developers.
On Friday last week, May 3, 2024, Eacc detectives raided the homes of Fredrick Ondari Ochanda and Tom Achar from the Nairobi City County Planning and Development Approval Department in connection to the ongoing illegal building approval probe.
Ochanda who is an Assistant Director responsible for the Development Control in the Built Environment and Urban Planning was picked at his Ngong residence in Kajiado before being escorted to Integricy Center in Nairobi where he was interrogated, recorded a statement before being released.
However, Achar was not traceable at the time.
Our investigations have established the Eacc sleuths are also investigating the duo and close associates of governor Sakaja for allegedly accumulating multi-million wealth that is not commensurate to their known legitimate sources of income.
The suspected unexplained wealth includes cash believed in held various bank accounts, prime land parcels, commercial buildings, and high end vehicles.
Confirming the incident, EACC spokesperson Eric Ngumbi, said that the operation was pursuant to Court Orders and that it took place at the suspect’s residence in Ngong, Kajiado County, his residence in Suneka, Kisii County and his offices at Nairobi County Government.
“As part of the ongoing corruption investigations targeting numerous senior officials of Nairobi City County Government, EACC undertook an operation at the residence homes of Ochanda in Ngong and Suneka together with his office at the NCCG.” Ngumbi said.
He added that the outcome of the investigation will inform various actions, which may include proceedings for forfeiture of any assets found to be unexplained and criminal prosecution of the suspect.
The arrest of Ochanda is part of ongoing investigations targeting numerous senior officials of City Hall.
In November last year, Ochanda was on spot for approval of buildings without the knowledge of his bosses.
Ochanda told the Nairobi County Assembly Planning Committee that he had approved close to six thousand building applications without the knowledge of the then CEC who is also the incumbent Stephen Mwangi and Chief Officer who is now the current acting County Secretary Patrick Anallo.
While appearing before the committee, Ochanda claimed to have received powers from the City administrator (governor Johnson Sakaja) to approve city constructions after he was appointed into office in the month of August 2023.
“The powers belong to the Chief Officer but they were delegated through the appointment letter that I received from the office of the governor. The Chief officer was present when I was handed over the letter and informed the duties I was to carry out.” Ochanda explained.
This is contrary to the Physical and Land Planning Act which stipulates that the Chief Officer planning is the one responsible for the building approvals.
Anallo denied the allegations by Ochanda saying that the approval systems were given to Ochanda without his knowledge.
However, Ochanda stated that he receives the approvals and submits to the Urban Technical Planning committee which goes through them before approval a statement the committee denied saying that despite them giving some approvals Ochanda gives greenlight to some constructions that they deny.
Some of the approvals presented to the committee had the signature of Anallo though he disowned them.
The Architecture Association of Kenya(AAK) and residents of Nairobi have previously complained of a flawed building approval system with the associations accusing the county of intentionally sabotaging it necessitating the use of the manual system.
While grilling SG Mwangi this week, the assembly Planning Committee recommended for immediate disbandment of the for the disbandment of the building plans technical approval committee saying it was formed illegally as a move to usurp oversight powers and that the executive cannot oversight itself.
“Oversight is a role of the MCAs, the CEC should move and disband that committee and allow us to do our oversight role.” Nominated MCA Lilian Kidenda stated.
During the grilling session, Mwangi admitted the said controversial committee hold meetings outside the county gazetted offices is an illegality and it would not recur henceforth.
“We have sat in Riverside at the governor’s office and we have transacted an approval meeting. It is on record…we are here to set the truth. What has been done is not within the law and moving forward we shall not repeat here again.” SG said.
The twenty-two-member sub-committee rivals a separate committee consisting of professionals.
When contacted by The Informer Media Group for a right of reply, Chief of Staff David Njoroge dismissed the claims.
“I don’t sit in any committee.” Njoroge retorted.
The legally constituted approval Committee of the City County consists of : Brenda Nyawara (Architectural Association of Kenya), Jane Mutuli (Engineers Board of Kenya), Christine Ogut (Institution of Engineers Kenya), John Maina Mwangi (Institution of Surveyors Kenya), Abdulmalik Tuesday Gichuki (Kenya Alliance of Residence Association) and Rachael Kisiangani (Kenya Institute of Planners).
Others are Stanley Karaya Kimani (Nairobi City Water and Sewerage Company) Margret Njuki (National Environment Management Authority), CEC SG Mwangi, Chief Officer Patrick Anallo Akivaga, Dominic Mutegi (Director Development) and Rose Muroki (Director Urban Policy and Research).
On the other hand, the twenty two member illegal committee consists of: CEC Stephen Gathuita Mwangi, Patrick Anallo (Acting Nairobi County Secretary), Dominic Mutegi (Director Development Management), Ruth Muroki (Director Planning and Research), Tom Achar (Director Planning, Compliance and Enforcement), Wilfred Masinde (Deputy Director Planning Compliance and Enforcement), Judy Gitau (Assistant Director Policy Implementation Section), Fredrick Ochanda (Acting Deputy Assistant Director development Control), Philomena Wanjiru (Deputy Director Development Management) and Martha Maina (Deputy Director Urban Policy and Research).
Others include; Wycliffe Nyasidi (Assistant Director Urban Design and Outward Advertising), GT Waweru (Valuation Department), Machine Saitera (Public Health), Josephine Nater (Policy Implementation Section (Secretary), Simon Omondi (Development Control), Stephen Mwadime (Development Control), Patrick Mutunga (Public Health), Sammy Silechi (Urban Policy and Research), Vivian Adungo (Urban design and Advertisement), Aloyce Matoke (Land Sub-Sector), Geoffrey Cheruiyot (Land Sub-Sector) and Mike Nderitu- (Work and Mobility).