Nairobi City Planners Under Fire Over Eastleigh Rogue Development

Nairobi’s planning authorities have been accused by the Ombudsman of unlawfully approving a high-rise development in Eastleigh and failing to enforce key planning and environmental laws.

A report by the Commission on Administrative Justice (CAJ) found that senior officials in Nairobi City County approved building plans for Khaleej Towers in breach of the Physical and Land Use Planning Act, 2019, and the Local Government (Adoptive By-Laws) (Building) Order, 1968. The commission said the approvals process was irregular and poorly documented, falling short of statutory requirements.

The dispute began as a boundary disagreement between Coldstone Investment Ltd and Khaleej Towers Ltd but expanded into a broader review of the county’s development control systems. The CAJ concluded that county officials failed to apply planning standards consistently and did not act transparently, weakening public confidence in regulatory oversight.

Investigators found that Khaleej Towers’ plans were approved despite not meeting mandatory technical requirements. The county also failed to enforce a stop-work order issued in January 2023 and later revoked the approvals in March 2024. Construction continued regardless, and the building was close to completion before effective action was taken. The Ombudsman cited this as evidence of systemic failure in enforcement and supervision.

One of the central issues involved a sewer line passing through Coldstone’s property, which Khaleej Towers used to justify building up to the boundary. The CAJ rejected this position, stating that a sewer wayleave does not change land ownership or permit exemptions from statutory setback rules. Coldstone reported damage to its boundary walls, reduced access to light and ventilation, loss of privacy and physical encroachment.

The report names several county officials whose actions or inaction enabled the unlawful approvals. They include former County Executive for Environment Stephen Mwangi, Chief Officer Patrick Analo, Assistant Director Fredrick Ochanda, Development Control Officer Simon Omondi and Director of Planning Compliance Tom Achar. The commission has recommended criminal charges, disciplinary proceedings by the County Public Service Board and further investigation by the Ethics and Anti-Corruption Commission over the early issuance of approval letters.

The Ombudsman also directed Nairobi City County and Khaleej Towers Ltd to jointly compensate Coldstone Investment more than Sh22 million for losses suffered. Coldstone director Daniel Waihenya welcomed the decision and called for continued action against corruption in urban development.

The findings follow a recent building collapse in South C, where a 14-storey structure failed after additional floors were constructed without approval. The incident resulted in deaths and injuries. Lands Cabinet Secretary Alice Wahome confirmed that the developer had ignored a stop-work order and exceeded approved building limits.

The CAJ has formally notified the Ethics and Anti-Corruption Commission, the County Assembly, the Director of Public Prosecutions and the County Public Service Board.