Ombudsman: Facilitators of City’s illegal development

In a landmark investigation report that has unearthed deep procedural flaws in the corruption laden Urban Planning Department in Nairobi County that has also been blamed for incessant building collapse linked to corruption, the Commission on Administrative Justice has recommended prosecution and disciplinary action against several City Hall officials over the unlawful approval of a high-rise development in Eastleigh, citing widespread violations of planning and building laws.

In an investigation report signed by Ombudsman chairperson Charles Dulo, the commission apportions blame to six senior county officials found to have approved, endorsed and facilitated development in contravention of the Physical and Land Use Planning Act, 2019, and the Local Government (Adoptive By-Laws) (Building) Order, 1968.

CAJ has recommended prosecution and disciplinary action against several Nairobi City County officials over unlawful approvals of a high-rise building in Eastleigh.

Effectively, CAJ has directed the Office of the Director of Public Prosecutions to initiate legal proceedings against the implicated officers, while the Nairobi City County Public Service Board was asked to institute disciplinary measures against senior and technical staff involved.

Among those cited is Stephen Mwangi, the County Executive Committee Member for Built Environment and Urban Planning, who allegedly ratified building plans despite unresolved technical issues and failed to enforce revocation orders. Patrick Analo, Chief Officer for Urban Development and Planning, was faulted for forwarding non-compliant applications and approving plans despite outstanding objections.

Other officials named include Fredrick Ochanda, who allegedly issued approval letters prematurely; Simon Omondi, accused of failing to verify compliance; Edward Okuku, cited for failing to enforce notices; and Tom Achar, who allegedly did not ensure follow-up enforcement.

It also instructed Abdi Mohamud, Chief Executive Officer of the Ethics and Anti-Corruption Commission (EACC), to investigate the circumstances surrounding the premature issuance of a development approval letter in August 2023—before formal deliberations and ratification by the relevant county bodies.

The six are said to have approved, endorsed and facilitated unlawful development approvals in contravention of the Physical and Land Use Planning Act, 2019, and the Local Government (Adoptive By-Laws) (Building) Order, 1968.

“The Commission on Administrative Justice (Office of the Ombudsman) has found Nairobi City County officials culpable for approving, endorsing, and facilitating unlawful development approvals in contravention of the Physical and Land Use Planning Act, 2019, and the Local Government (Adoptive By-Laws) (Building) Order, 1968. Consequently, the commission has recommended that the Director of Public Prosecutions (DPP) initiate legal proceedings against the implicated officers, and the Nairobi City County Public Service Board has been directed to institute disciplinary action against the senior and technical officials involved,” an investigation report signed Ombudsman chairperson, Charles Dulo reads in part.

According to the report, approvals granted for Khaleej Towers violated zoning, planning and building regulations, with weak enforcement enabling construction to continue despite clear breaches.

The probe stemmed from a complaint filed in October 2023 by Coldstone Investment Limited, which accused Khaleej Towers Limited of encroaching on its property and violating building and environmental regulations. The commission established that a disputed sewer line runs within Coldstone’s land, which remains private property despite serving a public utility function.

The findings come amid growing concern over a spate of building collapses in Nairobi, often linked to corruption, weak enforcement and non-compliance with construction standards.

Cases of fatal house collapse either under construction or even occupied have been on the rise in Nairobi blamed on corruption, lack of approvals and poor workmanship.

City Hall Urban Planning officials have been blamed for the incessant cases due to corruption and inaction facilitated by an intricate web of rogue officials and unscrupulous developers.

A 22-storey building under construction in Westlands, Nairobi partially collapsed last night leaving several workers trapped beneath the debris.

In a statement posted on social media, Kenya Red Cross confirmed that rescue teams were swiftly deployed to the scene and were conducting search and rescue operations.

The incident occurred along School Lane in the Brookside area. The 22-storey structure gave way in part opposite Gardaworld Security, formerly KK Security offices, and near Principal Place, where VFS Global operates.

We have since established that investigations into the 16-storey building which collapsed in South C, Nairobi on January 2, 2026 killing two people have since stalled despite the Director of Public Prosecutions (DPP) ordering an immediate investigation and directed the police to submit a comprehensive report within seven days.

Nairobi Governor Johnson Sakaja is on record saying that the same building had been flagged at least three times by the Nairobi City County enforcement teams after the developer extended its construction beyond the approved floors.

Curiously, extra 4 floors were controversially approved after Sh25million was reportedly paid to approve the additional floors illegally.

The National Construction Authority (NCA) also revealed that the project was non-compliant at the time of collapse. The developer, Abyan Consulting Limited’s licence had expired.

Earlier this week, another building collapsed in the Blue Estate area of Shauri Moyo, killing four people. According to the Kenya Red Cross, the structure gave way next to buildings that were being demolished on riparian land.

In a separate incident on January 11 in Karen, two workers died after a building under construction collapsed while masons were laying a slab on the first floor. Seven others were rescued with multiple injuries. Officials attributed that collapse to structural failure caused by poor workmanship and inadequate formwork.

In November 2022, a condemned six-storey building that was under construction without the requisite building approvals at Seasons area in Nairobi’s Kasarani collapsed killing six people.

Although some of the suspects were charged in court in connection to the collapsed building, the whereabouts of the developer identified by the name Joel Kamau Kibe remains unknown.

According to official records from Nairobi county and the National Construction Authority (NCA), the building had existing enforcement notices barring the construction.

Further, the Nairobi County CECM S.G Mwangi confirmed the developer was using fake building plans for another building in Dagoretti in Nairobi.

According to the National Construction Authority (NCA) Executive Director Engineer Maurice Aketch, the collapsed building had been flagged three times due to non-compliance including that fateful morning when everybody was cleared from the site but a few are said to have defied the orders.

Authorities have repeatedly blamed rogue developers, poor workmanship and regulatory failures for the incidents.