NAIROBI, Kenya- Nairobi Governor Johnson Sakaja and Embakasi East MP Babu Owino have traded accusations over whether the Eastleigh building that collapsed on Friday had county approval, as rescue teams continue searching the site.
Sakaja says a document circulating online that appears to show approval in February 2024 is fake.
In a post on Sunday, he said the development application was made in November 2024, months after the date on the document, and argued that permission to change a property’s use is different from approval to construct a building.
Owino, who is seeking the Nairobi governorship, says the document he shared shows the county approved the development on February 13, 2024.
He accused Sakaja of misleading the public and alleged that the Governor received a Sh120 million bribe to allow construction.
The dispute centres on what the document dated February 13 authorises and whether it relates to the collapsed structure.
Sakaja distinguishes two approvals
Sakaja says the developer applied in August 2024 to change the property’s use from residential to mixed residential and commercial.
He says the county approved that change in October 2024, but that this did not authorise construction of the proposed high-rise building.
According to the Governor, architectural plans for a 15-storey building with a basement were submitted on November 20, 2024, and were not approved.
He has said county planning officials raised concerns about shops proposed for the basement and ground floor.
The distinction matters because a change-of-use permission allows a property to be used for a different purpose, while development approval concerns the proposed building plans.
Sakaja’s position is that the first approval was granted but the construction application was not.
The Governor’s earlier public comments, however, added to the confusion.
On Friday, he was reported as saying the building had approval but lacked an occupation certificate.
On Saturday, he said the approval was for the change of use and not for the architectural plans submitted later.
An occupation certificate is issued before a completed building can be occupied.
Owino’s post challenges Sakaja’s account by presenting a document with an earlier approval date.
The MP says it shows the collapsed project had been approved.
Sakaja argues the document is fake and says it was used to obtain National Construction Authority (NCA) approval.
The conflicting accounts make the original application files and records from the county and NCA central to establishing what was submitted and authorised.
Collapse puts enforcement under scrutiny
The building collapsed along 9th Street in Eastleigh on October 23 while construction was under way.
The incident has raised questions about building approvals, inspections and enforcement in Nairobi, as well as the responsibilities of county officials, developers and construction professionals.
Sakaja says the county had taken enforcement action against the development and has forwarded documents to investigators.
He has also called for the relevant professional bodies to examine the conduct of architects, engineers, planners and contractors linked to the project.
By Sunday evening, police had confirmed that four people had been rescued and taken to hospital.
Earlier reports of 31 missing people were still being verified, and authorities had not announced a final number of people remaining unaccounted for.
Investigations into the cause of the collapse were continuing.
The relevant agencies have not publicly confirmed the allegation.
The DCI investigation and examination of the approval records are expected to clarify the development’s approval history and whether any officials or private parties failed to follow the law.
