Greedy developers and corrupt county leaders killing our cities

This column is more personal than usual. This week’s Commission on Administrative Justice (Ombudsman) ruling in the case of Coldstone Investment Ltd Vs Khaleej Towers Ltd created a buzz in my home and several neighbourhoods negatively impacted by building and planning violations.

When my family moved into a two-storey Kilimani home with a small garden, we were surrounded by three family bungalows, mature trees, sunlight and the sounds of birds. Fifteen years later, we are boxed in by 150 new high‑rise apartments, our humble compound has more trees than our neighbours combined, and we have lost over 60 per cent of the sunshine.

Last Friday, the Ombudsman found five of the most senior Nairobi County Government officers in the Built Environment and Urban Planning Department criminally culpable for approving unlawful construction approvals for Khaleej Towers Ltd. The Commission has called for criminal prosecution of County Minister Stephen Mwangi (CECM), Chief Officer Patrick Analo, Planning, Compliance and Enforcement Director Tom Achar, Development Control Assistant Director Fredrick Ochanda and Development Control Officer Simon Omondi.

It urges the county minister be removed under Section 40 of the County Governments Act and disciplinary action be taken against the other four officers and Enforcement Officer Erick Okuku by the County Public Service Board before March 8. It also recommends further investigation into suspected corruption behind the unlawful approvals, premature approvals, ignored objections, and failure to enforce the law. Khaleej Towers has been censured for violating planning and building laws and infringing their neighbours’ rights to privacy, sunlight, ventilation and tranquility.

By building beacon‑to‑beacon, they demolished boundary walls, dropped debris and deprived the adjacent property of light, air, safety and privacy. To remedy the harm, the developer must now brick up or block all windows and balconies overlooking their neighbour. With the County (read your taxes), the developer must compensate their neighbours Sh22.5 million by March 8 plus a further Sh20 million

Pipeline, Parklands and Kilimani readers, pay special attention to the next bit. According to the National Building Code, Physical and Land Use Planning Act (2019) and zoning regulations, developers must leave 2.4 metres between their room windows and their boundary line and 6 metres for sitting rooms and balconies. Developers must not build on more than 60 per cent of their property.

Established under the Constitution and a 2011 Act, the Commission is not well known by most. It exists to investigate and hold state agencies accountable for neglecting their mandate or abusing their power. While not a judicial body, the Commission has powers to ensure compliance with its rulings. Should Khaleej Towers, the Nairobi Governor, County Assembly and ODPP not act, they can be summoned to a hearing and the matter escalated to Parliament, among other consequences.

The Kenya Alliance of Resident Associations, Kilimani Community Foundation and South B Residents Association have welcomed the ruling. They see in it a glimmer of hope amid daily complaints, endless court battles and advocacy to prevent the collapse of a liveable city for millions. UN‑Habitat guidelines, ironically issued in Nairobi, underscore that sunlight, ventilation, privacy, and green cover are fundamental to a healthy urban environment. 

With 70-90 per cent sunlight deprivation driving rising cases of vitamin D deficiency, depression and myopia, Hong Kong, Tokyo, Barcelona, Stockholm and cities across the US have introduced sunlight modelling and impact assessments, stricter height limits, and mandatory green spaces. Until county governments wise up, affected residents and businesses must learn Coldstone Ltd’s clarity and courage.

Write to the Ombudsman and NEMA. Petition the National Environment Tribunal. Appeal to the Physical and Land Use Planning Liaison Committee. Report rogue professionals to the Architects and Quantity Surveyors Board or the Engineers Board.

If you suspect kitu kikubwa, go to EACC. If all fails, lawyer up, seek injunctions and sue for damages and interference with your property and privacy rights. If we do not own and run our cities, greed will make them unlivable.