The Nairobi County Assembly Sub-Committee on Planning has raised critical questions about Governor Johnson Sakaja’s office when it comes to building approvals.
The sub-committee, set up to investigate the building approval process in the county and chaired by Ms Nasra Nanda, was shocked to find that two people close to the Governor had sat on the Technical Committee on Urban Planning, despite having no role in the sector.
When the Chief Executive Committee (CEC) member for Urban Planning, Mr Stephen Gathuita Mwangi, was asked why the two were attending the Executive Planning Committee meetings, he said his hands were tied and that since the two were in the governor’s office, he had no right to question their presence whenever they knocked on the door.
It was revealed that Sakaja’s Chief of Staff, Mr. David Njoroge, and former South C MCA, Mr Osman Khalif Abdi, who is the governor’s aide, were at the centre of the planning committee, but did not have the qualifications to sit in such meetings.
“As for the Chief of Staff and Mr Osman, they are on the committee with the blessings of the governor,” said Mr Mwangi.
Kitisuru MCA, Alvin Olando Palapala, who is the chairperson of the planning committee, questioned why the CEC was allowing the duo to attend his meetings without taking any action.
“As CEC, I work under His Excellency the Governor. If he asks someone to attend a meeting, I have no power. I have no power to say no…legally, they are not supposed to sit in this committee, but when it comes to the current situation and they have been asked to sit, I have very little or no power to say otherwise,” Mr Mwangi responded.
He said the 22 members approved to sit on the planning committee include the sector’s technical officers and technical officers from other sectors in the county as well as the county’s external members representing various interests such as engineers, planners, and others.
Mr Mwangi pleaded with the County Assembly to come up with clear terms and guidelines on who should participate in such committees so that CECs are not accused of disobedience at any point.
Ms Nasra expressed her disappointment at how serious matters such as building approvals were being handled in the capital and assured residents that her department would not relent until the law was upheld.
Approval in private office
During the committee meeting, it was revealed that on March 8, 2024, the governor chaired a meeting in one of his private offices where 154 building plans were discussed, of which 131 were approved.
According to the committee, these approvals are considered illegal because they were not approved in the governor’s office, and such functions should be carried out by the CEC in charge of urban planning.
“Given the nature of the approvals, which consist of very sensitive information, government documents need to be looked at within a government building, unless there is something formal that allows these meetings with sensitive documents to be held elsewhere. I would say that it is highly subject to correction that this is not appropriate,” said Ms Nasra, who is a lawyer by profession.
The town planning CEC also agreed that the county government had broken the law by holding the approval meeting in the private office.
“I would say that what has been done is not within the law because the law is very clear.”
The committee also demanded that the 22 members of the governor’s planning committee be disbanded, as it was formed without the knowledge of the assembly, and that the CEC be involved in the formation of the technical committee.
The committee also demanded the list of building permits issued by the county government since Governor Sakaja took office.
This follows the collapse of a five-storey building in Uthiru, which the county confirmed was built illegally.
Some of the members appointed to the Governor’s Urban Planning Technical Committee include CEC Mr Mwangi, and Urban Planning Chief Officer Mr Patrick Analo. Director of Development Management Mr Dominic Mutegi, Director of Planning and Compliance Mr Tom Achar, Engineer Mike Waweru, Mr. Geoffrey Cheruiyot, Ms Mackline Saitera, Ms Josphine Nater, and Mr Stephen Mwadime among others.