The Commission on Administrative Justice (CAJ) has petitioned the Director of Public Prosecutions (DPP) to initiate legal action against five senior Nairobi City County officials for allegedly approving the construction of a building irregularly.
The commission, popularly known as the Ombudsman, said the officers violated planning and building laws by endorsing irregular approvals about two years ago and failing to enforce stop orders.
Those targeted include former county executive committee member for the built environment and urban planning, Stephen Mwangi, and chief officer Patrick Analo.
Others are Fredrick Ochanda, assistant director for development control; Simon Omondi, a development control officer; and Tom Achar, director of planning, compliance and enforcement.
The officials are accused of allowing a disputed Eastleigh project to proceed despite clear breaches of statutory requirements. The Ombudsman said they approved or facilitated unlawful development.
In addition to criminal action, the commission called for disciplinary measures, a corruption probe into a premature approval letter, compensation of Sh22.5 million to the affected landowner, and sweeping reforms to the county’s development control system.
The recommendations followed investigations into a complaint filed by Coldstone Investment Limited in October 2023.
Coldstone alleged that its neighbour, Khaleej Towers Limited, secured approvals that violated planning, zoning and environmental regulations.
According to the complaint, the project was built up to the boundary, blocking light and ventilation, demolishing a boundary wall, dumping debris, and encroaching onto Coldstone’s land with scaffolding and hoarding.
Khaleej Towers countered that it had obtained all necessary approvals from the county government and argued that a sewer corridor between the properties was a public wayleave.
After reviewing both claims and examining the conduct of Nairobi City County and the Nairobi City Water and Sewerage Company, the Ombudsman concluded that the approvals were “irregular, non-transparent, and contrary to legal and planning frameworks”.
It found that enforcement failed despite the issuance of a stop order and a subsequent revocation of approvals.
The Ombudsman’s investigation established that the sewer line runs entirely within Coldstone’s property and that its public utility function “does not alter the ownership status of the land”.
“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 or modify building orientation,” the commission said.
It further found that the developer could not justify building up to the boundary, omitting statutory setbacks, or installing windows that opened directly onto the neighbouring property.
On approvals, the commission identified two permits — CPF-AW765 and PLUPA-BPM-022413-Q — as being “marred by serious procedural and substantive irregularities” and in breach of the Physical and Land Use Planning Act, the Building Code and Nairobi zoning regulations.
Among the key lapses was the issuance of an approval letter dated August 30, 2023, before deliberation by the Urban Planning Technical Committee and before final ratification by the county executive committee member.
The report also cited failure to circulate applications to critical departments such as Public Health, non-compliance with mandatory setbacks and plot ratios, and weak enforcement that allowed construction to continue despite an enforcement notice issued in January 2023 and a formal revocation in March 2024.
“The approvals were irregular, non-transparent, and contrary to legal and planning frameworks,” the commission said, warning that such failures had “eroded public confidence” in Nairobi’s development control processes.
It noted systemic weaknesses in the Nairobi Planning and Development Management System, which allowed applications to advance despite unresolved objections and permitted approvals with outstanding issues.
The commission also called on the Ethics and Anti-Corruption Commission to investigate the premature approval letter to determine whether corruption was involved.
Beyond criminal liability, the Ombudsman recommended administrative action, including removal proceedings against Mr Mwangi for alleged gross misconduct, dereliction of duty and breach of public trust.
It directed the County Public Service Board to initiate disciplinary proceedings against Mr Analo, Mr Ochanda, Mr Omondi, Mr Achar and enforcement officer Edward Okuku for unlawful approvals and failure to enforce notices.
The Ombudsman gave the DPP, County Assembly, Public Service Board and the anti-graft agency one month to report progress.
The commission also found that Coldstone suffered “quantifiable material, environmental and operational damage” and recommended Sh2.5 million in special damages for repairs and professional fees, as well as Sh20 million in general damages for loss of privacy and nuisance. The compensation would be jointly payable by the county government and Khaleej Towers Limited.
It further ordered the governor to ensure the building complies with statutory setbacks, including blocking windows and balconies overlooking Coldstone’s property.
The Ombudsman also directed the Nairobi City Water and Sewerage Company to safeguard private landowners’ rights where utilities pass through private land and to improve record-keeping to prevent future disputes.
The commission said the case exposed broader failures in Nairobi’s planning system. Site inspections found neighbouring developments breaching height limits and setback requirements, undermining fire safety, ventilation and access to light.
It concluded that the probe revealed deep systemic weaknesses and enforcement gaps, and proposed reforms including reconstituting the technical committee, preventing self-assignment of applications, blocking approvals with unresolved objections, activating enforcement tracking systems and standardising evaluations.
