The High Court has temporarily stopped the arrest and prosecution of three individuals linked to the collapse of Manzil Towers C in South C, Nairobi, as they challenge the decision to charge them over the incident. The court’s decision pauses criminal proceedings until their judicial review case is heard and determined.
Highlights
- High Court halted arrest and prosecution of three individuals over Manzil Towers C collapse.
- The suspects are challenging charges brought by the DCI.
- They are accused of offences including abuse of office and neglect of duty.
- The court allowed them to file a judicial review application.
- The case will return to court on September 16, 2026.
Main Story
High Court Suspends Criminal Proceedings
Justice Dr. Nabil Mokaya Orina granted temporary relief to Patrick Analo Akivaga, David Kibui Kigathi and another applicant after they moved to court seeking to stop the charges against them.
The three individuals are challenging the decision by the Directorate of Criminal Investigations (DCI) to prosecute them over the collapse of Manzil Towers C, a building located in South C, Nairobi.
The court allowed them to formally challenge the charges through a judicial review process, where they will seek to have the decision to prosecute them overturned.
Charges Under Challenge
The DCI had planned to charge the applicants with abuse of office under Sections 101(1) and 102A of the Penal Code in relation to the building collapse.
One of the applicants was also facing an additional accusation of neglecting official duty under Section 128 as read with Section 36 of the Penal Code.
However, the applicants argued that the decision to prosecute them should be reviewed and questioned through the court process.
Court Issues Temporary Protection
Justice Orina directed that the three individuals should not be arrested, charged, or subjected to further criminal proceedings linked to the collapse until their application is determined.
The court also ordered the applicants to submit their full judicial review application within seven days and serve it to the respondents.
The respondents will then have 21 days to respond, after which the applicants may provide additional affidavits if required.
Case To Return To Court
The matter will be mentioned on September 16, 2026, when the court will assess compliance with the orders and give further directions on how the case will proceed.
The temporary order does not end the case but only pauses the criminal process as the court considers the arguments presented by the applicants.
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