NAIROBI, Kenya, Feb 6 — The Commission on Administrative Justice (CAJ) has recommended legal action, compensation, and sweeping reforms following an investigation into irregular construction approvals in Nairobi.
The Ombudsaman made the recommendation following a probe on Nairobi City County officials in a property dispute involving Coldstone Investment Limited and Khaleej Towers Limited.
In a statement issued Friday, the Ombudsman found senior and technical county officials culpable for approving, endorsing, and facilitating unlawful development, in violation of the Physical and Land Use Planning Act, 2019 and the Local Government (Adoptive By-Laws) (Building) Order, 1968.
“Consequently, the Commission has recommended that the Director of Public Prosecutions (DPP) initiate legal proceedings against the implicated officers, and the Nairobi City County Public Service Board institute disciplinary action against senior and technical officials involved,” the statement read.
The investigation followed an October 2023 complaint by Coldstone Investment Limited over a boundary dispute with Khaleej Towers Limited in Eastleigh, Nairobi.
Coldstone alleged irregular approvals violating planning, zoning, building, and environmental laws, resulting in property infringement and operational damages.
Systemic irregularities
Key findings revealed that the sewer line in question runs exclusively within Coldstone’s property and does not convert the land into public property.
The Ombudsman clarified that a sewer wayleave does not justify relaxing statutory setbacks or building up to property boundaries.
CAJ found Khaleej Towers’ construction, including windows overlooking Coldstone’s land and omission of setbacks, unlawful.
The investigation highlighted procedural and systemic irregularities, including premature approvals, non-circulation of applications to relevant departments, and non-compliance with zoning regulations.
The Ombudsman also noted systemic weaknesses in the Nairobi Planning and Development Management System (NPDMS) that allowed applications to proceed despite unresolved technical objections.
Coldstone suffered material, environmental, and operational losses, including demolition of structures, encroachment, loss of light and privacy, and debris dumping. The Commission recommended restitution and compensation for the damages incurred.
Multiple officials, including the County Executive Committee Member for Built Environment and Urban Planning, Chief Officer for Urban Development, development control officers, enforcement officers, and members of the Urban Planning Technical Committee, were identified as responsible for advancing non-compliant applications, issuing approvals prematurely, and failing to enforce notices.
The Ombudsman recommended reforms to strengthen accountability, enhance system controls, improve inter-agency coordination, and restore integrity in Nairobi City County’s urban development management.
The findings come amid heightened scrutiny of construction approvals in Nairobi following a series of building collapses, raising concerns about regulatory enforcement and governance in the construction sector.