The High Court has issued an order temporarily preventing the arrest and prosecution of three Nairobi City Hall officials accused in connection with the collapse of Manzil Towers C in South C.
Justice Dr. Nabil Mokaya Orina granted Patrick Analo Akivaga, David Kibui Kigathi, and a third applicant permission to challenge the Directorate of Criminal Investigations' (DCI) decision to press criminal charges against them.
Charges Faced
- Akivaga and Kigathi face allegations of abuse of office under Sections 101(1) and 102A of the Penal Code.
- The third applicant is charged with neglect of official duty under Section 128 read with Section 36 of the Penal Code.
The court's order also prohibits the DCI and any agents acting on its behalf from arresting, charging, prosecuting, or continuing any criminal proceedings against the applicants while their judicial review is pending.
Next Steps
- The applicants must file their substantive judicial review application within seven days and serve it to the respondents.
- The respondents have 21 days to respond.
- Applicants may submit further affidavits within seven days if needed.
- The case will be mentioned on September 16, 2026, for compliance and further directions.
Justice Orina emphasized that this stay applies to the charge sheet dated July 14, 2026, effectively suspending any legal action against the officials for now.
