NAIROBI, Kenya — A Nairobi court has lifted a warrant of arrest that had been issued against John Gombe Osike, a Nairobi City County official and one of the accused persons in the South C building collapse case, after he explained his absence from previous court proceedings.
The warrant was vacated after Osike’s lawyer, Mutea Muthuri, informed the court that his client had been unwell and was therefore unable to attend the last court session.
Muthuri presented medical documents showing that Osike had sought treatment at a Nairobi medical facility, where he was examined and declared medically unfit to attend court.
According to the medical report, Osike was granted three days’ sick leave and is scheduled to return for a medical review on July 22.
After reviewing the medical evidence, the court accepted the explanation, lifted the arrest warrant, and allowed Osike to continue participating in the ongoing proceedings.
The warrant had been issued after Osike failed to appear during the previous mention of the case.
At the time, the prosecution, led by Nora Otieno, sought warrants of arrest against the fifth to the tenth accused persons, arguing that they had failed to honour court summons without providing satisfactory reasons for their absence.
While the court issued a warrant against Osike, it directed that summons be served on the remaining absent accused persons and ordered them to appear before the court to answer to the charges they face.
Charges
Osike is charged with willfully neglecting his duty as a public officer by allegedly failing to stop the construction of Mamzil Towers on Land Reference No. 209/5909/10 (Nairobi Block 68/1306) despite allegedly being aware that the development did not comply with the required regulations.
The prosecution alleges that, as an employee of the Nairobi City County Government, he had a legal obligation to enforce compliance but failed to take action.
The charges stem from the collapse of a building in Nairobi’s South C Estate, an incident that led to criminal proceedings against several individuals accused of negligence and other offences linked to the development.
The matter is scheduled to be mentioned again on July 27 for further directions.