High Court temporarily stops prosecution of City Hall officials over South C building collapse

The High Court sitting in Nairobi has temporarily stopped the arrest, charging, and prosecution of three individuals, including suspended Nairobi County Chief Officer for Urban Planning Patrick Analo Akivaga, over the fatal collapse of Manzil Towers C in South C.

In orders issued by Justice Nabil Mokaya Orina, the court granted Akivaga, David Kibui Kigathi, and a third applicant leave to file a judicial review application challenging the Directorate of Criminal Investigations’ (DCI) decision to institute criminal proceedings against them.

The applicants are seeking to quash the DCI’s decision to charge them with abuse of office under Sections 101(1) and 102A of the Penal Code in connection with the building collapse.

The court also granted leave to the third applicant to challenge a separate charge of neglect of official duty under Section 128 as read with Section 36 of the Penal Code.

Furthermore, Justice Orina permitted the applicants to seek an order prohibiting the DCI, its officers, or any agents operating under its authority from arresting, charging, prosecuting, or continuing any criminal proceedings against them regarding the incident.

Under the court’s directives, the applicants must file and serve their substantive judicial review application within seven days.

The respondents will have 21 days upon service to file their responses, followed by a seven-day window for the applicants to submit further affidavits if needed.

In the interim, Justice Orina ruled that the leave granted will operate as a stay of the charge sheet dated July 14, 2026, effectively suspending all arrest, arraignment, and prosecution proceedings against the trio pending the final determination of the case.

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