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).
