The Director of Public Prosecutions (DPP) has approved abuse-of-office charges against the ousted Urban Planning Chief Officer, Patrick Analo, over the collapse of a building in South C.
Analo and tens of others will face prosecution after the DPP determined that investigations had yielded sufficient evidence to support the charges.
In a statement, the DPP said Analo will face charges of Abuse of Office, contrary to Section 101(1) as read with Section 102A of the Penal Code, and Neglect of Official Duty, contrary to Section 128 of the Penal Code.
“The charges arise from findings contained in the investigation file relating to the approval, oversight, and regulatory processes associated with the construction project before its collapse,” said the ODPP.
The other accused persons are public officials, developers, and professionals linked to the project for various offences, including manslaughter, abuse of office, neglect of official duty, making and uttering false documents, and commencing a project without an Environmental Impact Assessment licence.
Persons set to be charged with manslaughter are Daniel Alphonse Odhiambo, Gideon Chege Mwangi, Abdishakur Muse Mohamed, and Yussuf Mohamed Yussuf.
Those set to be charged with abuse of office include Mr Analo, Christopher Naicca, Brenda Nyawana, Alfred Eshitera, Tom Achar, Philomena Wanjui, Wilfred Masinde, Sammy Shileche, Judy Gitau, Patrick Nutunga, Stephen Mwadere, Kimani Stanely, Micheal Nderitu, Teresia Njoki, Simon Omondi, Ian Lewiso Gichero, and Eunice Ngaho.
Josephine Nater, Philip Mbithi, Francis Odhiambo, Grace Kiburo, Moses Nyogesa, Larry Ochieng, Davis Mutinda, Joseph Mutua, Dominic Mwtegi, Mackline Saitera, Martha Maina, Vivian Adongo, Jassan Njani, Eluid Lemaiyan, Eng. Daniel Alphonse Odhiambo, Arch. Gideon Chege Mwangi, Abdishakur Muse Mohammed, Yussuf Mohammed Yussuf, Bowen Kwambai Kanda, and Abraham Choti Arati.
Those set to be arraigned for neglect of official duty include: Mr Analo, Christopher Naicca, Brenda Nyawana, Alfred Eshitera, Tom Achar, and Philomena Wanjui.
The building named Manzil Towers collapsed on the second day of January this year, killing two people.
A report by the Architecture Association of Kenya (AAK) and the National Construction Authority (NCA) concluded that a combination of professional negligence and blatant disregard for the law led to the tragedy. The report found that although the building was approved for 12 floors, it was extended to 16 floors under the watch of regulatory bodies.
The decision to charge the suspects comes as a relief to the residents of South C, who for months have been piling pressure on the concerned authorities to prosecute those linked with the building’s approvals and construction.
They have also been pushing for the release of a status update of the probe into the matter. Further, they want the authorities to take action by assessing an adjacent 15-storey Bridge Port Apartments Limited building, which they describe as a “ticking time bomb”.
They want a public safety certification or demolition order issued.
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