Court temporarily stops arrest of City Hall officials over collapsed South C building

In orders issued by Justice Dr. Nabil Mokaya Orina, the court granted Patrick Analo Akivaga, David Kibui Kigathi and another applicant leave to challenge the decision by the Directorate of Criminal Investigations (DCI) to institute criminal charges against them.

The applicants are seeking to quash the DCI's decision to charge them with abuse of office contrary to Sections 101(1) and 102A of the Penal Code in connection with the collapse of Manzil Towers C.

The court also granted leave to the third applicant to challenge the decision to charge him with neglect of official duty contrary to Section 128 as read with Section 36 of the Penal Code, arising from the same incident.

Justice Orina further granted leave for the applicants to seek an order prohibiting the DCI, its officers or any other persons acting under its authority from arresting, charging, prosecuting or continuing with any criminal proceedings against them relating to the building collapse.

The judge directed the applicants to file their substantive judicial review application within seven days and serve it upon the respondents. The respondents will then have 21 days to file their responses, after which the applicants may file further affidavits within seven days if necessary.

The matter will be mentioned on September 16, 2026, for compliance and further directions on the hearing of the case.

"Pending the determination of the substantive judicial review application,  leave granted shall operate as a stay of the charge sheet dated July 14, 2026, effectively suspending any arrest, arraignment, charging, prosecution or further criminal proceedings against the three applicants," reads the order.