NAIROBI, Kenya — The Commission on Administrative Justice (Office of the Ombudsman) has recommended criminal prosecution, disciplinary action, and Sh22.5 million in compensation following what it describes as systemic irregularities in the approval and enforcement of a private development in Eastleigh, Nairobi.
In a detailed investigation report released Friday, the Commission found senior Nairobi City County officials culpable for approving and facilitating unlawful development in contravention of the Physical and Land Use Planning Act, 2019, and the Local Government (Adoptive By-Laws) (Building) Order, 1968.
The probe stemmed from a complaint lodged in October 2023 by Coldstone Investment Limited against neighbouring developer Khaleej Towers Limited.
Coldstone alleged that the county irregularly approved building plans that violated zoning rules, statutory setbacks, and environmental safeguards, leading to encroachment, demolition of a boundary wall, obstruction of light and ventilation, and unauthorized sewer works on its property.
Khaleej Towers, in a counter-complaint, maintained that it had obtained all requisite approvals and cited the presence of a public sewer wayleave.
However, the Commission established that the sewer line ran exclusively within Coldstone’s land and did not convert the property into public land or justify relaxation of statutory setbacks.
The report found that approvals under references CPF-AW765 and PLUPA-BPM-022413-Q were marred by “serious procedural and substantive irregularities.”
Among the key lapses cited were the premature issuance of an approval letter before formal committee deliberation and ratification, failure to circulate applications to critical technical departments such as Public Health, and non-compliance with mandatory setback and density controls.
Despite an enforcement notice issued on January 31, 2023, construction proceeded. Although the county formally revoked the plans on March 14, 2024, no meaningful enforcement action followed, and the project was nearly complete by then.
The Commission concluded that the county failed to enforce both the notice and the revocation, exposing systemic weaknesses in oversight.
The Ombudsman has now urged the Director of Public Prosecutions to institute legal proceedings against five officials, including the former County Executive Committee Member for Built Environment and Urban Planning, the Chief Officer for Urban Planning, and senior development control and enforcement officers.
It also directed the Nairobi City County Public Service Board and the County Assembly to initiate disciplinary proceedings.
Further, the Ethics and Anti-Corruption Commission has been asked to investigate the premature issuance of the approval letter to determine whether corrupt conduct was involved.
On compensation, the Commission assessed special damages of Sh2,533,379 for structural repairs and professional fees, and recommended general damages of Sh20 million for loss of privacy, nuisance, and interference with quiet enjoyment.
It directed that the sums be paid jointly and severally by Nairobi City County and Khaleej Towers Limited within one month.
Beyond individual culpability, the report flagged deep structural flaws in the Nairobi Planning and Development Management System (NPDMS), including weak internal controls, lack of automated safeguards, poor inter-departmental coordination, and failure to track repeat offenders.
The Commission recommended comprehensive reforms, including reconstitution of the Urban Planning Technical Committee, activation of the enforcement module within NPDMS, mandatory multi-disciplinary review of applications, and stronger collaboration with professional regulatory bodies.
The findings place renewed scrutiny on urban governance in the capital, where rapid development has often collided with planning laws and residents’ rights.
The case now shifts to the ODPP, EACC, and county oversight bodies, whose next steps could redefine accountability in Nairobi’s planning regime.
