Advocate Vincent Ombaka, the chairman of Kiwana Residents' Association, speaking to journalists, flanked by Kiwana members at kileleshwa/HANDOUT
The Court of Appeal has referred a contempt of court application involving suspended Nairobi County Executive Committee Member (CECM) for Urban Development Patrick Analo back to the bench that initially heard the matter.
The case came up for hearing on Tuesday before Justices Agnes Murgor and Joel Ngugi after the judges who had previously handled the matter were on court recess.
The application arises from Civil Appeal (Application) No. E160 of 2025, in which residents' groups accuse Nairobi City County of failing to comply with earlier court orders on urban planning and development approvals.
During the proceedings, lawyer Vincent Ombaka, appearing for the Kileleshwa Ward Neighbourhood Association (KIWANA), argued that the county had failed to comply with the Court of Appeal's earlier directives.
He told the court that the Nairobi Development Control Policy of 2021 contained loopholes that allowed the county to issue development approvals that did not comply with court orders.
He argued that the alleged failure to comply formed the basis of the contempt proceedings against the suspended county official.
The county was represented by advocate Ernest Nyerere. He told the court that he had not been served with an application by KIWANA's lawyer seeking to be enjoined in the proceedings.
After hearing the parties, the two judges directed that the matter be returned to the original bench that heard the case.
During the proceedings, Justice Joel Ngugi cautioned the county over compliance with the court's previous orders.
He told the county's legal representative that the court would be "unamused" if Nairobi County had continued issuing development approvals despite an earlier structural interdict that placed a 15-storey cap on developments during the period covered by the court orders.
The dispute stems from an earlier Court of Appeal decision that issued a structural interdict requiring Nairobi City County to halt irregular planning approvals and prepare a Local Physical and Land Use Development Plan in accordance with the law.
According to court documents, the compliance period under the structural interdict ended in March this year.
The contempt application was filed by KIWANA and the Metro Alliance residents' umbrella group after they alleged that the county had failed to comply with the court's directions, including filing required planning reports within the timelines set by the court.
The county has denied the allegations and previously sought more time to comply with the court's directives through a separate application.
The Court of Appeal is expected to give further directions once the matter is placed before the original bench for consideration of the contempt application.
