The High Court has temporarily barred the arrest, arraignment and prosecution of three individuals facing criminal charges over the collapse of Manzil Towers C in South C, Nairobi, pending the hearing of a judicial review case challenging the decision to prosecute them.
Justice Dr. Nabil Mokaya Orina granted Patrick Analo Akivaga, David Kibui Kigathi and a third applicant leave to institute judicial review proceedings against the Directorate of Criminal Investigations (DCI), allowing them to contest the decision to bring criminal charges arising from the building collapse.
According to the court orders, the first and second applicants intend to challenge the DCI’s decision to charge them with abuse of office under Sections 101(1) and 102A of the Penal Code. The third applicant has also been permitted to contest charges of neglect of official duty under Section 128, read together with Section 36 of the Penal Code, over the same incident.
The judge further allowed the applicants to seek orders prohibiting the DCI, its officers, agents or anyone acting on its behalf from arresting, charging, prosecuting or continuing any criminal proceedings against them in connection with the collapse of Manzil Towers C. Justice Orina directed the applicants to file their substantive judicial review application within seven days and serve it on the respondents. The respondents will then have 21 days to respond, after which the applicants may file supplementary affidavits within seven days, if necessary. The matter is scheduled for mention on September 16, 2026, for compliance and further directions.
In the meantime, the court ordered that the leave granted will operate as a stay of the charge sheet dated July 14, 2026. This means that any arrest, arraignment, charging, prosecution or other criminal proceedings against the three applicants will remain suspended until the judicial review application is heard and determined.
