Petitioner wants official fired over South C building collapse

Nairobi County's Chief Officer for Urban Development and Planning Patrick Analo Akivaga. [File, Standard]

A petition has been filed at the High Court seeking the immediate suspension of Nairobi County's Chief Officer for Urban Development and Planning following the deadly collapse of a 14-storey building in South C Estate that claimed two lives.

Patrick Analo Akivaga faces accusations of dereliction of duty for allegedly permitting construction to proceed without mandatory approvals from the county's building department.

Human rights activist Francis Awino, the petitioner, has asked the court to declare Analo unfit for public office, citing incompetence, negligence and disregard for constitutional and statutory obligations.

The petition, filed at Milimani High Court, names Analo as respondent, with the National Construction Authority (NCA) and Engineers Board of Kenya (EBK) listed as interested parties.

Awino is also urging the court to compel the Office of the President to remove Analo if the county fails to act.

According to court documents, developer Abyan Consulting Limited submitted an application on October 18, 2023, for a 12-storey mixed-use building on LR No. 209/5909/10 in South C.

The Nairobi City County Urban Planning technical committee approved it on December 19, 2023, but the petition states that approval was limited to an architectural plan only, with no structural plan approval, geotechnical report approval or statutory inspection compliance.

The petitioner claims internal communications show Analo approved development amendments without proper compliance.

According to the court pleadings, amendments for additional floors were submitted on January 31, 2025 and approved on February 13, 2025 while minor internal alterations received approval between September and November 2025.

The building had been reported to the NCA in November 2021, with investigations ongoing at the time of the January 5, 2026 collapse.

The petitioner alleges that at no point prior to the collapse did Analo, in his capacity as chief officer, issue an effective enforcement notice, stop order, or closure directive under the Physical and Land Use Planning Act, despite red flags including a lack of structural approvals, the presence of illegal additional floors, and the absence of inspections.

Awino accuses Analo of violating multiple constitutional provisions requiring public officers to uphold integrity, accountability, transparency, and public safety.

"By approving the amendments to the initial architectural design and permitting construction contrary to the approved plans, the respondent has failed to uphold constitutional principles," the petition states.

The court is further being asked to issue interim orders suspending Analo of his duties pending investigations and to compel him to cooperate fully with probes by NCC, NCA, EBK, and other regulatory bodies.

Additionally, Analo must disclose all internal communications, approvals, inspection records, and oversight documents while refraining from interfering with investigations.

The petitioner states that the collapse "was not an accident but a foreseeable and preventable consequence of administrative neglect, regulatory abdication and unconstitutional exercise of public power" under Analo's leadership.

The case is pending hearing.