The High Court has moved to temporarily halt the arrest, charging and prosecution of three individuals connected to the collapse of Manzil Towers C in South C, Nairobi. This development brings some relief to the suspects who have been facing serious criminal charges related to the tragic incident.
Justice Dr. Nabil Mokaya Orina issued orders on Thursday granting leave to Patrick Analo Akiyaga, David Kibui Kigathi and another applicant to challenge the Directorate of Criminal Investigations' decision to file charges against them.
The three men have been seeking to fight the charges through a judicial review process, and the court has now allowed them to proceed with their challenge.
According to the court orders, the three applicants are contesting the DCI's decision to charge them with abuse of office contrary to Sections 101(1) and 102A of the Penal Code. The charges are linked to the building collapse that shocked Nairobi residents.
The court has also granted them the right to seek an order that would prohibit the DCI, its officers and any other persons acting under its authority from continuing with arrest, charging, prosecution or any criminal proceedings against them.
The judge directed the applicants to file their substantive judicial review application within seven days and to serve it on the respondents. The respondents will then have twenty-one days to file their responses.
After that, the applicants may file further affidavits within another seven days if they find it necessary. This gives both sides time to properly prepare their cases.
Justice Orina has scheduled the matter for mention on September 16, 2026, when the court will give directions on how the hearing of the case will proceed. This means there is still considerable time before the full hearing takes place.
Most importantly, the leave granted by the court acts as a stay of the charge sheet that was dated July 14, 2026. This effectively means that any arrest, arraignment, charging, prosecution or further criminal proceedings against the three suspects are now suspended while the judicial review application is being heard.
This suspension will remain in place until the court makes a final determination on the substantial judicial review application.
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