A Nairobi court issued a warrant of arrest against Nairobi County official John Gombe Osike after he failed to appear in court in a case linked to the collapse of the Mamzil Towers building in South C.
The court also ordered fresh summons to be issued to the remaining accused persons who were absent, directing them to appear and answer to the charges when the case comes up for mention on July 27.
Gombe is charged with willfully neglecting his duty as a public officer by allegedly failing to stop the construction of Mamzil Towers on Land Reference No. 209/5909/10 (Nairobi Block 68/1306) despite being aware of non-compliance with building regulations.
When the matter came up for mention on Monday, prosecutor Nora Otieno asked the court to issue warrants of arrest against the 5th to the 10th accused persons, saying they had ignored court summons.
“We are making an application for warrants of arrest against the 5th to the 10th accused persons.
During the last appearance, we agreed to issue summons instead of warrants. There was no reason given for their failure to attend court despite receiving the summons.
No medical documents have been produced before this court, and we therefore pray that warrants of arrest be issued,” Otieno told the court.
However, defence lawyers Danstan Omari and Shadrack Wambui opposed the application, arguing that the 5th and 6th accused had valid reasons for missing court.
Omari told the court that the 5th accused, Patrick Analo, was unwell and that medical records would be presented once they were obtained.
He added that the 6th accused, Frederick Ondari, had travelled upcountry to attend a funeral.
“The 5th and 6th accused persons are not present in court.
The 5th accused is unwell and we will produce the medical documents.
The 6th accused travelled upcountry for a funeral.
We undertake to produce both accused persons on the next mention date. We have not been able to receive the medical documents because I was away over the weekend,” Omari submitted.
He further informed the court that Patrick Analo had already collected the court summons from the Directorate of Criminal Investigations (DCI).
After considering the submissions, the court issued a warrant of arrest against John Gombe Osike for failing to attend court, while directing that fresh summons be served on the other absent accused persons to ensure their attendance at the next court mention on July 27.
The accused are facing charges arising from the collapse of the Mamzil Towers building in South C, with prosecutors alleging negligence and failure by public officials to enforce building regulations despite known violations.
Four people had initially been charged over the case.
They were charged with two counts of manslaughter following the deaths of two people in the January 2, 2026 incident.
The accused — Abdishakur Muse Mohammed, Yussuf Mohammed Yussuf, Daniel Alphonse Odhiambo and Gideon Chege Gakundi alias Gideon Chege Mwangi — appeared before Mugo, where they denied the charges.
According to the prosecution, the four unlawfully caused the deaths of Ali Adan Galgalo Abdi and Hassan Huka on January 2, 2026, at South C in Lang’ata Sub-County.
They face two counts of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code.
In addition to the manslaughter charges, Abdishakur Muse Mohammed and Yussuf Mohammed Yussuf face several forgery-related charges.
The prosecution alleges that in March 2023, the two forged a Notification of Approval for an application seeking permission to change the land use for the property where the development was undertaken.
They are further accused of knowingly uploading the allegedly forged approval document to the National Construction Authority’s Online Projects Registration System on November 4, 2023, falsely presenting it as a genuine document issued by Nairobi City County.
The pair also face charges of forging an Environmental Impact Assessment (EIA) licence in March 2023 before allegedly uploading the purported licence to the National Construction Authority portal while presenting it as a genuine document issued by the National Environment Management Authority (NEMA).
All four accused were additionally charged with commencing the Mamliz Towers construction project without a valid Environmental Impact Assessment licence, contrary to the Environmental Management and Coordination Act.
Prosecutors told the court that construction on the South C property began in February 2024 without the mandatory environmental approval.
Mugo granted each of the four accused a cash bail of Sh2 million pending the hearing and determination of the case.
The prosecution said more suspects are expected to take plea in the case.
Others had obtained court orders stopping their prosecution.
The Director of Public Prosecutions (DPP) Mulele Ingonga had approved the prosecution of several individuals following the collapse of the building.
The collapse killed two people.
Among those approved for prosecution is suspended director of urban planning Patrick Analo Akivaga, who will face charges of abuse of office and neglect of official duty under the Penal Code.
He was however missing from the list of those charged.
Investigators linked the charges to findings concerning the approval, oversight and regulatory processes surrounding the construction project before its collapse.
The DPP had also approved charges against other public officials, developers and professionals connected to the project.
The offences include manslaughter, abuse of office, neglect of official duty, making and uttering false documents, and commencing a project without an Environmental Impact Assessment licence.
Those to face manslaughter charges include Daniel Alphonse Odhiambo, Gideon Chege Mwangi, Abdishakur Muse Mohamed and Yussuf Mohamed Yussuf.
Those to face abuse of office are Patrick Analo Akivaga, Christopher Naicca, Brenda Nyawana, Alfred Eshitera, Tom Achar, Philomena Wanjui, Wilfred Masinde, Sammy Shileche, Judy Gitau and Patrick Nutunga.
Others are Stephen Mwadere, Kimani Stanely, Micheal Nderitu, Teresia Njoki, Simon Omondi, Ian Lewiso Gichero, Eunice Ngaho, Josephine Nate, Philip Mbithi, Francis Odhiambo, Grace Kiburo, Moses Nyogesa, Larry Ochieng, Davis Mutinda, Joseph Mutua, Dominic Mutegi, Mackline Saitera, Martha Maina , Vivian Adongo, Jassan Njani, Eluid Lemaiyan, Eng. Daniel Alphonse Odhiambo, Arch. Gideon Chege Mwangi, Abdishakur Muse Mohammedc Yussuf Mohammed Yussuf, Bowen Kwambai Kanda and Abraham Choti Arati.
They will also face charges of neglect of official duty.
Those to face charges of making false documents include Gideon Chege Mwangi, Yussuf Mohamed Yussuf and Abdishakur Muse Mohamed.
They will also face extra charges of uttering a false document and commencing a project without an environmental impact assessment license.
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