Five senior officials at City Hall should face prosecution and removal from office, the Office of the Ombudsman has said, over what it describes as a deeply flawed and unlawful system for approving building plans. This follows an investigation that laid bare systemic failures in the county’s planning and enforcement machinery.
In an investigation report released on Friday, the Commission on Administrative Justice, commonly known as the Ombudsman, recommended that the Director of Public Prosecutions charge five senior and mid-level county officials for approving or facilitating developments that violated zoning and building regulations, in breach of the Physical and Land Use Planning Act, 2019, and long-standing building by-laws.
“Multiple Nairobi City County officials contributed to irregular approvals, weak enforcement, and ongoing violations of planning and building regulations,” the Ombudsman alleged.
The Ombudsman has called on the Office of the Director of Public Prosecutions (DPP) to initiate criminal proceedings against Mr Stephen Mwangi, the County Executive Committee Member for Built Environment and Urban Planning; Mr Patrick Analo, the Chief Officer for Urban Planning; Fredrick Ochanda, the Assistant Director for Development Control; Simon Omondi, a Development Control Officer; and Tom Achar, the Director of Planning, Compliance and Enforcement.
Investigators allege that approvals were issued before mandatory deliberations had taken place, applications were advanced despite unresolved objections from technical departments, and enforcement notices, including one issued in January 2023, were ignored as construction continued.
“The approvals were irregular, non-transparent, and contrary to legal and planning frameworks. These failures not only infringed on the rights of neighbouring property owners but also eroded public confidence in the credibility of Nairobi City County’s development control processes,” said Charles Dulo, the Chairperson of the Commission on Administrative Justice.
In one instance, they allege an approval letter was issued a day before the Urban Planning Technical Committee formally considered the application, and weeks before final ratification by the responsible executive.
One official was accused by the commission of forwarding non-compliant applications for ratification and failed to act on enforcement notices. Another City Hall advanced applications despite clear compliance gaps and withheld unresolved objections from the technical committee.
An official, the commission said, also submitted plans for approval without verifying that technical concerns had been resolved. Within the compliance and enforcement unit, officers issued notices but failed to follow through, allowing construction to proceed despite formal revocation of approvals.
The DPP has been asked to report back to the Commission within one month on the progress of the cases.
In parallel, the Nairobi City County Assembly has been urged to begin disciplinary proceedings against Mr. Mwangi that could lead to his removal from office. The Commission alleged he played a role in ratifying non-compliant developments, failing to enforce enforcement notices and revocation orders, neglecting mandatory circulation of applications to technical departments, and engaging in conduct that, according to investigators, undermined regulatory integrity and public trust.
“He ratified building plans despite unresolved technical issues, relied solely on forwarded memos without independent verification, and failed to ensure enforcement after revocation, allowing continued violations,” the report alleged.
The Commission also urged the Nairobi City County Assembly to begin impeachment proceedings against the county executive committee member, accusing him of gross misconduct and a betrayal of public trust.
The recommendations come against the backdrop of growing concerns over the safety of buildings in Nairobi, following a series of collapses linked to poor construction and regulatory failures.
Most recently, a building under construction collapsed in South C, killing at least two people, renewing
At the centre of the case is a contested development in Eastleigh, which investigators found had been cleared despite unresolved technical objections, ignored mandatory setbacks and enforcement notices that were openly defied. The approvals, the Commission concluded, were not isolated errors but symptoms of an institutional culture that tolerated and, in some instances, facilitated unlawful construction.
“The evidence before us shows approvals that were irregular, non-transparent and plainly contrary to the law,” Mr Dulo alleged. “Public officers entrusted with safeguarding orderly development instead presided over a process that undermined safety standards and eroded trust in processes.”
A seven-storey building that collapsed in Kahawa West, Nairobi County on October 20, 2024.
Photo credit: Dennis Onsongo | Nation Media Group
The investigation was triggered by a complaint lodged in October 2023 by Coldstone Investment Limited, which accused a neighbouring developer, Khaleej Towers Limited, of erecting a building that flouted zoning rules and encroached on its property. But as the inquiry widened, the focus shifted from a private dispute to the conduct of public officials charged with enforcing Nairobi’s planning laws.
Beyond individual culpability, the Commission described a planning system weakened by structural failures. The county’s Planning and Development Management System allowed officers to self-assign applications, advance files with outstanding objections and issue approvals without safeguards. Critical departments such as public health and fire safety were often bypassed, and enforcement mechanisms were described as largely inactive.
The Commission also quantified the financial harm suffered by Coldstone Investment Limited as a direct result of the irregular approvals and weak enforcement by county officials.
In its findings, the Ombudsman assessed special damages amounting to Sh2.53 million, covering roof and gutter repairs, reconstruction of a demolished rear boundary wall, re-establishment of razor wire and burglar screens, professional fees for a structural engineer, repairs to backyard paving slabs and the replacement of damaged clothing lines.
The commission found that Coldstone endured significant non-pecuniary harm, including interference with the quiet enjoyment of its property, loss of privacy, persistent nuisance from construction activity and the destruction of boundary infrastructure.
On that basis, it recommended general damages of Sh20 million, to be paid jointly and severally by Nairobi City County and Khaleej Towers Limited, directing that full compensation be settled within one month
The Ombudsman has also recommended disciplinary action against several technical officers through the County Public Service Board, a possible corruption investigation by the Ethics and Anti-Corruption Commission over the premature issuance of approvals, and sweeping reforms to the county’s planning systems - measures that, taken together, amount to one of the strongest official indictments yet of how Nairobi’s construction boom has outpaced the rules meant to govern it
