The Commission on Administrative Justice (Office of the Ombudsman) has recommended the prosecution of several Nairobi City County officials over the approval of unlawful building developments.
In a recommendation to the Director of Public Prosecutions (DPP), the Ombudsman urged the initiation of criminal proceedings against the implicated officers and directed the Nairobi City County Public Service Board to take disciplinary action.
Those named include former Built Environment and Urban Planning CECM Stephen Mwangi, Urban Planning Chief Officer Patrick Analo, Development Control Assistant Director Fredrick Ochanda, Development Control Officer Simon Omondi, and Planning, Compliance and Enforcement Director Tom Achar.
The Ombudsman has given the DPP one month to report on the progress of the matter.
“The Commission on Administrative Justice 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,” said Ombudsman Chairperson Charles Dulo.
“Consequently, the Commission has recommended that the Director of Public Prosecutions initiate legal proceedings against the implicated officers, while the County Public Service Board institutes disciplinary action against the senior and technical officials involved,” he added.
The directive follows a complaint filed in October 2023 by Coldstone Investment Limited over a dispute with Khaleej Towers Limited concerning a property boundary in Nairobi.
Coldstone alleged that a neighbouring development was irregularly approved in violation of planning, zoning, building and environmental laws, leading to the infringement of its property rights and those of its tenants.
The complaint cited non-compliance with statutory building setbacks, encroachment through hoarding and scaffolding, demolition of a boundary wall, unauthorised sewer construction on Coldstone’s land, obstruction of light and ventilation, dumping of construction debris, and failure by county officials to enforce the law.
Khaleej Towers Limited filed a counter-complaint, arguing that it had obtained all required approvals and accusing Coldstone of interference, claiming the land in dispute was a public sewer wayleave.
Following the complaints, the Commission conducted investigations to establish whether the county government and the Nairobi City Water and Sewerage Company (NCWSC) acted in line with applicable laws and professional obligations.
The probe found weak internal controls within the Nairobi Planning and Development Management System (NPDMS), poor coordination among county departments and widespread non-enforcement of planning regulations.
“Site inspections identified multiple nearby properties in violation of planning regulations, including exceeding permitted building heights, ignoring mandatory setbacks, and constructing directly to plot boundaries,” the Ombudsman said.
“These findings point to systemic failures in regulatory oversight and enforcement, underscoring the need for urgent reforms to strengthen accountability and uphold the integrity of Nairobi’s urban development framework.”
