Ombudsman wants Nairobi officials charged over illegal building approvals

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The Office of the Ombudsman has called for the prosecution of senior Nairobi City County officials over unlawful and irregular approvals of a major construction project in the city.

The Commission on Administrative Justice said county officers approved and facilitated developments that violated planning and building regulations, including the Physical and Land Use Planning Act, 2019.

Speaking during a press briefing in Nairobi, Ombudsman Commission chairperson Charles Dulo said the Director of Public Prosecutions (DPP) should initiate criminal proceedings against the officers involved.

“The implicated officers must be held accountable for approving and facilitating unlawful development," Dulo said.

The investigation began after Coldstone Investment Limited, a real estate and property management firm operating in Eastleigh, filed a complaint in October 2023 over a boundary dispute with Khaleej Towers Limited, a commercial property developer known for multi-storey residential and office buildings in Nairobi.

Coldstone accused its neighbour of putting up a development in Eastleigh without properly following zoning, planning and environmental rules. It said the construction interfered with its property rights and those of its tenants.

Among the concerns raised were illegal encroachment through scaffolding, demolition of a boundary wall, dumping of debris, obstruction of light and ventilation, and failure by county officials to enforce the law.

Khaleej Towers denied wrongdoing, insisting it had secured all required approvals. The company argued that the land in question included a public sewer wayleave, which it claimed justified its building design.

However, the Ombudsman’s investigation found that the sewer line runs entirely within Coldstone’s private land, and its presence does not make the land public.

The Commission ruled that a sewer wayleave does not remove ownership rights or allow neighbouring developers to ignore statutory setbacks or construct directly to the boundary line.

“A sewer wayleave does not convert private land into public land, nor does it create a buffer upon which an adjoining landowner may lawfully rely,” Mr Dulo said.

The report faulted Nairobi City County’s approval process, saying building plans were cleared despite serious procedural failures.

Investigators found that approval letters were issued prematurely, key technical departments were not consulted, and mandatory setback requirements were ignored.

Even after the county issued an enforcement notice in January 2023 ordering construction to stop, work continued, with the project nearly complete by the time revocation was issued in March 2024.

“The county failed to enforce both the enforcement notice and the revocation, revealing serious lapses in regulatory compliance,” said Dulo.

The Ombudsman said Coldstone suffered financial and operational damage, including destruction of property and loss of privacy.

It recommended Sh2.53 million in special damages and Sh20 million in general compensation, to be paid jointly by Nairobi County and Khaleej Towers within one month.

“The harm warrants restitution and regulatory accountability to the approving authorities,” the Commission said.

Those recommended for prosecution include former Built Environment executive Stephen Mwangi, Chief Officer Patrick Analo, Assistant Director Fredrick Ochanda, Development Control Officer Simon Omondi, and Director Tom Achar.

The Chairman also urged sweeping reforms to Nairobi’s planning and enforcement systems, warning that weak oversight continues to enable illegal developments across the city.

“There is an urgent need for targeted reforms to strengthen internal controls, institutionalise enforcement and uphold the integrity of Nairobi’s urban development framework."