Nairobi county assembly planning committee chairperson Geoffrey Majiwa /HANDOUT
The Nairobi County Assembly Planning Committee has suspended with immediate effect the Development Control Policy currently being implemented by the Nairobi County Government, citing discrepancies and concerns that the framework being used was neither approved by the Assembly nor properly aligned with public interest.
Committee Chairperson Geoffrey Majiwa directed County officials to halt the implementation of the policy pending review and resolution of outstanding issues.
“We have told you to suspend it until we resolve and agree on the pending issues. The interests of our people come first. Tell the County Attorney that this is the resolution of the Committee. We shall not carry that cross,” Majiwa said.
The suspension came amid concerns raised by Members of the County Assembly that the policy being enforced differs from the one approved by the Planning Committee and subsequently passed by the Assembly.
Minority Leader Antony Kiragu insisted that the Executive should not implement a planning framework that lacks the Assembly’s approval and gazettement.
“We need to go back and reject it. The Land Use Policy should be brought first before the Development Control Policy. They need to bring the Land Use Policy before the Development Policy,” Kiragu said.
Kiragu further accused the Executive of uploading a different document to the county website from the one approved by the Assembly.
“What was uploaded to the county website is not the policy that was approved by the Planning Committee and passed by the Assembly. The document is completely different from what we passed. I want the Executive to take responsibility for what was uploaded,” he said.
The committee also raised concerns over the legality of the framework currently being implemented, noting that existing court rulings provide guidance on land-use planning and development control regulations.
At the same time, Majiwa said some county planning officers were facilitating illegal developments through collusion with rogue developers.
“You find a planner at a construction site taking bribes and advising the architect on what to tell inspectors. Director Achar should not be telling us about cartels without addressing officers within the Executive who are colluding to facilitate illegal buildings,” Majiwa said.
In response, County Executive Committee Member for Planning Patrick Mbogo attributed some of the challenges facing the department to inadequate resources and limited operational capacity.
“We are doing the best with the resources available. For some activities, we have to borrow equipment. Some buildings are not habitable, but what we are saying is that we do not have adequate capacity,” Mbogo said.
Acting County Director of Planning Tom Achar also cited staff shortages and interference by cartels as major obstacles to effective enforcement.
“We are facing challenges from cartels, and I do not have enough officers or office space to operate effectively. That is part of the problem,” Achar said.
The committee is currently investigating developments in several areas, including UN Crescent, South C, Kilimani, Lang’ata, and other parts of Nairobi. Members also demanded explanations from county officials regarding approvals issued through the Urban Planning Technical Committee.
The Planning Committee is expected to continue its inquiry as it seeks to establish compliance with planning laws, approved land-use regulations, and development control policies across Nairobi County.
