Sakaja: Kamukunji Police Questioned Over Eastleigh Bail Release

• Nairobi Governor Sakaja Johnson has demanded an explanation from Kamukunji Police Station regarding the release of suspects linked to an Eastleigh building collapse.
• Suspects were reportedly released on Sh50,000 cash bail without being presented in court, despite being arrested by Nairobi City County officers for planning violations.
• Police records show 14 suspects booked for contravening city planning laws, but only 10 were subsequently released on bail.
• The county had approved a change of user for the property but not the architectural plans, and had issued a prior enforcement notice citing the Physical and Land Use Planning Act, 2019.
• The Governor's inquiry highlights concerns about police procedures for bail and court presentation, and the coordination between county enforcement and national police.

The Governor's inquiry into the Eastleigh building collapse suspects bail situation brings to the forefront the complexities of Nairobi City County planning enforcement and the critical need for clear accountability in upholding building safety standards.

Nairobi Governor Sakaja Johnson has formally requested an explanation from Kamukunji Police Station regarding the release of individuals apprehended in connection with an Eastleigh building that subsequently collapsed. The Governor specifically questioned the decision to release these suspects on a cash bail of Sh50,000 without their prior presentation in court. This inquiry by Governor Sakaja Johnson underscores concerns about due process and police conduct in high-profile cases involving public safety.

The Nairobi City County administration had initiated enforcement measures against the involved parties after determining that while a change of user for the property had been approved, the essential architectural plans necessary to authorize construction had not received county endorsement. Following their arrest by county officers, the suspects were transferred to Kamukunji Police Station. This transfer was necessitated by the fact that county governments in Kenya no longer possess the prosecutorial powers they once held, making it mandatory to hand over arrested individuals to national police for further action.

According to an occurrence book entry at Kamukunji Police Station, dated June 17, 2026, a total of 14 suspects were booked into custody under OB No. 98/17/06/2026. These individuals were reportedly held for alleged contraventions of city planning laws, having been brought in by Nairobi City County officers and subsequently placed in police cells. However, a separate Kenya Police Service record indicates that only 10 of these suspects were later released on a Sh50,000 cash bail. This release, which occurred at 9:44 PM, was reportedly carried out under the direct instructions of the Officer Commanding Station (OCS), C.I. Onyapidi, and executed by Corporal Awadh. The named individuals in this release entry included Najib Mustafa, Farah Omar Ahmed, Ahmed Noor Mohamed, Mubashir Hassan, Issak Tahlil Hussein, Ali Haji Abubakar, Abdullahi Abdi Abdullahi, Masinde Julius Muchombo, George Munigir Dinga, and Abdi Mohamed Hamed, with reference to receipt number 2039434, and noting they left without complaints.

The county's initial enforcement action stemmed from a clear violation of established planning regulations. While the property had received approval for a change of user, the critical architectural plans required for construction had not been sanctioned by Nairobi City County. This distinction is crucial, as it highlights a fundamental breach of the development process overseen by the county government. The Physical and Land Use Planning Act 2019 Kenya provides the framework for such regulatory oversight, empowering county authorities to ensure adherence to approved building standards and land use designations.

Adding another layer to the regulatory scrutiny is a June 2025 enforcement notice issued by Nairobi City County. This notice specifically addressed alleged construction works being undertaken without the necessary development permission, directly citing the Physical and Land Use Planning Act, 2019, and relevant county by-laws. The directive ordered the recipient to cease all works and remove the development, which was explicitly described as illegal. It also warned that the County reserved the right to undertake the required action itself and recover any associated costs if the directives were not followed. The notice further outlined a provision for an appeal to the County Physical and Land Use Planning Liaison Committee, indicating a structured process for challenging such enforcement actions.

However, the direct link between this specific June 2025 notice and the Eastleigh building that ultimately collapsed has not been independently confirmed solely by the document itself. Questions remain regarding whether the developer complied with the directives outlined in the notice and what subsequent enforcement actions, if any, were taken. The Governor's inquiry into the Eastleigh building collapse suspects bail situation brings to the forefront the complexities of Nairobi City County planning enforcement and the critical need for clear accountability in upholding building safety standards.

The police records themselves present several critical ambiguities that Governor Sakaja Johnson's police inquiry seeks to clarify. For instance, the documents do not explicitly state the specific charges leveled against the suspects, nor do they provide a legal justification for the Sh50,000 bail arrangement. Crucially, there is no indication within these records that the suspects were ever presented in court, which is a significant procedural concern. This lack of clarity raises fundamental questions about the due process followed by the Kamukunji Police.

Furthermore, a notable discrepancy exists between the number of suspects initially booked and those subsequently released. While the Kamukunji Police Station occurrence book recorded 14 individuals taken into custody on June 17, 2026, the separate Kenya Police Service record detailing the release on bail only names 10 suspects. This leaves the status of the remaining four individuals unaccounted for, prompting further questions about the thoroughness and transparency of the police handling of the case. The Governor's demand for an explanation extends to understanding why construction was seemingly permitted to continue despite the county's enforcement actions and the subsequent arrests.

These serious questions, as articulated by Governor Sakaja, place a significant spotlight on the operational procedures of the Kenya police regarding bail release without court appearance, particularly in cases involving alleged violations of public safety regulations. The incident highlights the intricate and sometimes fraught relationship between county authorities responsible for development control and national agencies tasked with criminal investigations and prosecutions. The outcome of this inquiry could have broader implications for how similar cases of Nairobi City County planning enforcement are managed and the inter-agency cooperation required to ensure public safety and legal compliance.

Lawyers and compliance officers should note the heightened scrutiny on police procedures for bail and court presentation, especially in cases involving public safety and alleged contraventions of city planning laws. This incident highlights potential irregularities in police conduct and the complex interplay between county enforcement actions under the Physical and Land Use Planning Act, 2019, and national police prosecutorial powers, which could impact how similar cases are handled and challenged.

Source: Reporting based on local Kenyan media accounts