NAIROBI, Kenya – Two senior Nairobi County officials are awaiting sentencing after the Environment and Land Court found them guilty of contempt for failing to enforce orders stopping construction on disputed land in South C.
In a ruling delivered on November 12, 2026, Justice Oscar Angote found that the County Secretary and the County Executive Committee Member for Built Environment and Urban Planning had disobeyed court directives issued on February 24 and March 10, 2026.
The orders required Nairobi County to stop further development on the contested property and take immediate steps to prevent activities that could cause environmental harm.
The judge directed the officials currently occupying the two offices to appear before the court on a date to be set for mitigation and sentencing.
The case concerns land identified as L.R. No. 209/11646, next to Parkview Apartments along Muhoho Road in South C. Nairobi County allocated the property to South C BB Centre Limited through a Temporary Occupation Licence dated November 5, 2024.
The licence allowed the company to operate a football pitch but prohibited permanent structures and required it to obtain the necessary statutory approvals before undertaking development.
Petitioner Khalib Mohammed challenged the company’s use of the land, accusing it of putting up commercial shops, constructing a basketball court and laying a concrete slab contrary to the licence conditions.
He also alleged that the works interfered with public sewer infrastructure and proceeded without the required environmental approvals and public participation.
Court relied on photographs and video evidence
Justice Angote found that the court orders had been properly communicated to the respondents and were clear about the actions required of them.
Evidence presented by Mohammed included photographs and video recordings taken between February 25 and April 8, 2026. The material showed that construction activities continued after the court had issued its stop-work directives.
The judge concluded that the evidence sufficiently established that the orders had been disregarded.
“The court therefore finds that the Petitioner has established, to the required standard, the contempt alleged,” Justice Angote ruled.
The finding places the two county officeholders at the mitigation and sentencing stage, although the court had not specified the penalties they would face.
Directors spared personal liability
The court declined to find the three directors of South C BB Centre Limited personally liable for contempt.
Justice Angote explained that Mohammed had not applied to lift or pierce the company’s corporate veil to establish the directors’ individual responsibility.
The decision means the contempt finding against the county officials did not automatically extend to the company’s directors.
Court maintains restrictions on disputed property
Alongside the contempt ruling, the court issued additional conservatory orders to prevent further changes to the disputed land while the main petition remains pending.
South C BB Centre Limited, its employees, agents and contractors were barred from carrying out further construction, commercial operations or other development on the property until the petition is determined.
Nairobi County was separately directed to take immediate measures to stop and prevent any further development on the site.
The judge clarified that the restrictions were meant to preserve the property and did not amount to a final determination of the ownership and other substantive questions raised in the petition.
“The obligation at this stage is not to determine the dispute in favour of the Petitioner, but to take reasonable enforcement measures to preserve the property,” he stated.
The respondents were also ordered to jointly and severally bear the costs of the applications.
