The Commission on Administrative Justice (CAJ), also known as the Office of the Ombudsman, has found senior and technical officials of the Nairobi City County Government culpable for approving and facilitating unlawful development approvals in violation of planning and building laws.
In a detailed investigation report, the Commission recommended that the Director of Public Prosecutions (DPP) initiate criminal proceedings against the implicated officers, while the Nairobi City County Public Service Board (CPSB) and County Assembly institute disciplinary action against those found responsible.
The report comes in the wake of ongoing investigations into the collapse of a 16-storey structure in South C which killed two people last month.
Multi-agency teams are investigating the incident amid pressure for action to tame such future incidents and for the safety of many.
The probe by the Ombudsman arose from a complaint filed in October 2023 by Coldstone Investment Limited over a boundary dispute with neighbouring developer Khaleej Towers Limited in Eastleigh.
Coldstone alleged that Khaleej’s development was irregularly approved in breach of planning, zoning, building, and environmental laws, resulting in infringement of property rights, loss of privacy, and physical damage to its premises.
Khaleej Towers Limited lodged a counter-complaint, maintaining that it had obtained all requisite approvals and arguing that the disputed area constituted a public sewer wayleave.
Following investigations, the Commission established that the sewer line in question runs entirely within Coldstone’s property.
While the sewer serves a public utility function, CAJ found that its presence does not convert private land into public land nor create a development buffer for neighbouring properties.
The Commission ruled that the assumed existence of a public sewer wayleave could not lawfully justify construction up to the boundary, omission of statutory setbacks, or installation of windows overlooking Coldstone’s property.
The Ombudsman found that approvals issued for the development, referenced as CPF-AW765 and PLUPA-BPM-022413-Q, were riddled with serious procedural and substantive irregularities.
Among the violations cited were non-compliance with the Physical and Land Use Planning Act, 2019, the Building Code, and Nairobi zoning regulations. Bedroom windows failed to meet the mandatory 2.4-metre setback, while sitting rooms and balconies did not meet the required six-metre setback.
The Commission also found that an approval letter was prematurely issued on August 30, 2023—before the Urban Planning Technical Committee (UPTC) deliberated on the application and before final ratification by the relevant County Executive Committee Member (CECM).
Other failures included lack of circulation to critical departments such as Public Health, disregard of unresolved technical objections, excessive density and bulk, and weak enforcement that allowed construction to continue despite enforcement notices and revocation of approvals.
CAJ confirmed that Nairobi City County issued an enforcement notice on January 31, 2023, ordering the developer to stop construction and submit approved plans.
Despite this, construction continued uninterrupted, and formal revocation of the plans only came in March 2024—by which time the building was nearly complete.
The Commission concluded that the county failed to enforce both the stop order and revocation, exposing serious systemic weaknesses in development control and oversight.
The Ombudsman found that Coldstone Investment Limited suffered material, environmental, and operational damage, including demolition of a boundary wall, encroachment through scaffolding and hoarding, dumping of debris, obstruction of light and ventilation, and interference with quiet enjoyment of the property.
The Commission recommended special damages of Sh2.53 million and general damages of Sh20 million, jointly payable by Nairobi City County Government and Khaleej Towers Limited within one month.
Officials recommended for prosecution and discipline
The Commission recommended that the DPP prosecute several officials.
Disciplinary proceedings were also recommended against multiple officials for abuse of office, neglect of duty, and facilitation of unlawful development.
Additionally, the Ethics and Anti-Corruption Commission (EACC) was urged to investigate the premature issuance of the approval letter to determine whether corrupt conduct was involved.
Beyond individual culpability, the Commission identified deep-rooted systemic failures within Nairobi City County’s Planning and Development Management System (NPDMS), including weak internal controls, poor inter-departmental coordination, inactive enforcement mechanisms, and lack of safeguards against repeat offenders.
CAJ called for urgent reforms, including reconstitution of the Urban Planning Technical Committee, automation of safeguards within NPDMS, activation of enforcement tracking, and enhanced inter-agency coordination.
The Governor has also been directed to ensure the offending building is regularised to comply with statutory setback requirements, including blocking windows and balconies overlooking Coldstone’s property.
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