Babu Owino: Rejects Apology Amid Eastleigh Building Collapse Legal Dispute

• Embakasi East MP Babu Owino has refused to apologize for his claims regarding the Eastleigh building collapse, despite a defamation demand.
• The demand letter, posted by Governor Johnson Sakaja, originated from architect Okeya Hempstone Nyawanda's lawyers, who claimed misidentification in an approval document.
• Owino's lawyer, Collins Mango, stated the MP would not be intimidated and public scrutiny of building approvals is warranted.
• Nairobi County Governor Sakaja maintains the county approved a change of use but not the high-rise construction plans, a claim Owino disputes.
• Owino's legal team argues that public accountability for Nairobi County building approval oversight cannot be paused, and he will defend any legal action.

Public accountability should not be suspended simply because those being questioned prefer to avoid inquiry.

Embakasi East Member of Parliament Babu Owino has firmly rejected calls for an apology regarding his statements concerning the recent Eastleigh building collapse. Owino's refusal comes in response to a defamation demand letter, which Nairobi Governor Johnson Sakaja publicly shared on X. The MP, represented by his legal team, has asserted that he will not be silenced on a tragedy that has prompted significant questions about building approvals and the regulatory oversight within Nairobi County.

The core of the dispute centers on a multi-storey building that collapsed on October 23, located on land parcel LR/Parcel No. 36/11/40 in Eastleigh. Owino's public comments questioned the approval processes and the Nairobi County Government's enforcement of construction regulations. The legal demand, issued by Oyugi Ochieng & Associates Advocates on behalf of architect Okeya Hempstone Nyawanda, required Owino to retract his social media posts within six hours, threatening legal action if he failed to comply. Owino's lawyer, Collins Mango, in a letter dated October 26, 2026, explicitly stated that his clients would not apologize to either Nyawanda or Governor Sakaja for seeking answers in the wake of the incident, which resulted in fatalities and devastated families.

Architect Okeya Hempstone Nyawanda's legal representatives contended that a document, purportedly showing Nairobi City County's development approval for the Eastleigh site, falsely identified their client as the registered physical planner responsible for its issuance. They emphasized that Nyawanda is an architect, not a physical planner, and argued that Owino's publications were damaging his professional reputation and public image. This forms the basis of the Okeya Hempstone Nyawanda defamation claim.

However, Owino's legal team, led by Collins Mango, dismissed the characterization of the MP's statements as defamatory. They argued that the circumstances surrounding the building's collapse necessitated public scrutiny, asserting that Nairobi residents have a right to question who approved the construction, what safeguards were in place, and whether authorities adhered to legal requirements. Owino's lawyers also highlighted a peculiar detail in the demand letter, noting it addressed the MP as 'Madam,' which they suggested was either an oversight or indicative of the care taken in preparing the six-hour ultimatum.

The legal confrontation underscores broader concerns regarding Nairobi County building approval oversight and Kenya construction regulatory enforcement. Owino's legal team further argued that Governor Sakaja cannot be exempt from scrutiny concerning the administration of Nairobi County, particularly regarding development approvals and the enforcement of building regulations. They maintained that public accountability should not be suspended simply because those being questioned prefer to avoid inquiry, emphasizing that an architect's professional designation alone does not resolve the validity of the disputed approval document or render Owino's statements false or defamatory.

Conflicting accounts have emerged regarding the collapsed building's approval status. Governor Sakaja has publicly stated that while the county approved a change of use for the property in October 2024, it did not approve the subsequent plans for the high-rise construction. Owino, however, has disputed the governor's narrative. His lawyers have affirmed that he will vigorously defend any legal proceedings initiated against him and will continue to raise these critical issues through lawful public discourse, asserting that a six-hour ultimatum is insufficient to address the profound questions posed by a tragedy of this magnitude.

Lawyers advising clients on Nairobi construction projects or regulatory compliance should note the heightened public and political scrutiny on building approvals and enforcement, increasing liability risks for non-compliance. This case also highlights the potential for defamation disputes when public officials question regulatory oversight after tragedies.

Source: Original reporting via The Standard