Top Nairobi City County officials face possible prosecution after the Ombudsman exposed unlawful approvals, negligence and weak enforcement surrounding a high-rise development in Eastleigh.
In a statement, the Commission on Administrative Justice (CAJ) found that county officials “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 investigation centres on a dispute between Coldstone Investment Ltd and Khaleej Towers Ltd, whose multi-storey project proceeded despite violations of zoning, building and environmental laws.
A building under construction in Eastleigh, Nairobi on April 3, 2019.
Photo credit: Evans Habil | Nation Media Group
The Daily Nation first reported on the row between the two firms in June 2024, highlighting claims of illegal construction, encroachment and official inaction.
What began as a boundary dispute has morphed into an indictment of the planning and enforcement machinery in Nairobi.
According to the Ombudsman, the approvals for the project were “irregular, non-transparent and contrary to legal and planning frameworks”.
“The failures not only infringed on the rights of neighbouring property owners but eroded public confidence in the credibility of Nairobi City County’s development control processes,” the commission said.
It established that Khaleej Towers’ building plans were approved despite failing mandatory requirements.
More troubling, an enforcement notice in January 2023 ordering construction to stop, was ignored.
“Investigation confirmed that Nairobi City County failed to enforce the notice and the revocation, revealing lapses in regulatory compliance and weaknesses in oversight,” the Ombudsman said.
Even after the formal revocation of the approvals in March 2024, construction continued and the building was nearly complete by the time meaningful action was taken – failure that exposes the devolved government’s inability or unwillingness to enforce its own decisions.
A key element of the dispute involved a sewer line running through Coldstone’s property, which Khaleej Towers relied on to justify building up to the boundary. The Ombudsman rejected that argument.
“A sewer wayleave does not convert private land into public land, nor create a development buffer upon which an adjoining landowner may lawfully rely to relax statutory setback requirements,” the commission said.
As a result, Coldstone suffered demolished boundary walls, encroachment by scaffolding and hoarding, reduced light and ventilation, dumping of debris and loss of privacy.
The Ombudsman identified public officers whose actions and omissions facilitated the unlawful development. They include former Environment executive Stephen Mwangi, Chief Officer Patrick Analo, Assistant Director Fredrick Ochanda, Development Control Officer Simon Omondi and Director of Planning Compliance Tom Achar.
An aerial View of a section of General Waruingi Street in Eastleigh estate, Nairobi.
Photo credit: Francis Nderitu | Nation Media Group
“The investigation identified lapses by multiple county officials that contributed to irregular approvals, weak enforcement and violations of planning and building regulations,” the report says.
The commission recommends that criminal proceedings be initiated against the officials. It also wants the County Public Service Board to take action against the officers named.
In addition, the Ethics and Anti-Corruption Commission has been asked to investigate the premature issuing of an approval letter before mandatory technical deliberations were concluded.
The Ombudsman has ordered the devolved government and Khaleej Towers Ltd to pay Coldstone Investment more than Sh22 million in special and general damages.
It found that the county government’s administrative negligence “directly caused material, environmental and operational damages” to the complainant.
Mr Daniel Waihenya, a director of Coldstone Investment Limited, termed the findings by the CAJ as “some good news amidst the darkness”.
“Corruption and impunity thrive when good people remain silent. Because Kenya is our only home, we have a moral obligation to fight the lawlessness that threatens our future,” he said.
“I applaud the Ombudsman for its steadfastness and bravery in holding Nairobi City County leadership accountable in our matter. I also thank NMG for their tireless work in highlighting the urban planning crisis Nairobi is facing.”
The damning findings by the CAJ come barely a month after a 14-storey building under construction collapsed in South C estate, causing fatalities and trapping several individuals.
The collapse, which occurred around 5am, was linked to illegal, non-compliant construction, including the addition of extra floors beyond the approved limit, despite a previous stop-work order.
Lands, Public Works, Housing and Urban Development Cabinet Secretary, Alice Wahome, confirmed that the developer illegally added four extra floors above the approved number.
With the EACC, County Assembly, DPP and the Public Service Board formally put on notice, the coming weeks may determine whether the era of rogue developments shielded by official complicity is finally drawing to a close, or if the findings will join a long list of reform reports left unimplemented.
