Nairobi City County Director of Environment John P. Malawi is facing scrutiny over the effectiveness of environmental oversight at City Hall following the collapse of an 18-storey building in Eastleigh, a disaster that has intensified questions about regulatory failures and the enforcement of construction laws.
Apart from the oversight duties, Malawi and cronies from the planning department are facing a 200million bribery claim that could twist ongoing in investigations.
The tragedy has put the spotlight on the county’s environmental enforcement machinery, with allegations emerging that officials led by Malawi may have overstepped their mandate in matters involving regulatory approvals and a development whose compliance status is now under investigation.
Insider allegations have further raised questions about possible collusion between developers Malawi,ncluding claims that payments of up to Sh200million were sought.
An activist is reportedly preparing to submit information to the relevant investigative authorities concerning the alleged conduct of officials in the department and their role in the approval and enforcement processes surrounding developments in Nairobi.
The claims have been given more weight by a developer who claims that he had to suspend his planned project after the environment officials together with the urban department demanded close to Sh250million to make any approvals.
The allegations place Malawi under pressure to explain the department’s oversight procedures and establish whether officers under his supervision acted within the law.
The Environment Department operates under the Green Nairobi sector, headed by Chief Officer Ibrahim Otieno Nyakach, and is expected to work with other county departments to safeguard public health and ensure compliance with applicable environmental requirements.
Although building approvals and structural safety fall primarily within the mandate of other regulatory authorities, environmental officers have responsibilities relating to environmental compliance, pollution control and the identification of hazards within their jurisdiction.
Malawi is said to have engaged in secret deals with the developer to ignore the need to consider any environmental concerns, complaints or potential violations.
More serious questions arise from allegations that county officials may have attempted to exercise authority belonging to the National Environment Management Authority (NEMA), the statutory body responsible for national environmental regulation.
NEMA had stated that it did not give the developer the relevant approvals.
Investigators are seeking to determine who was involved in approving the environmental regulations for the developer and whether any improper inducements were offered or solicited.
The alleged requests for payments of up to Sh209 million are among the most serious claims surrounding the department.
The allegations raise concerns about the integrity of regulatory enforcement and how developers have been ubjected to improper financial demands in connection with their projects.
Malawi is expected to clarify the department’s procedures for handling environmental complaints, documenting site inspections and escalating suspected violations to the relevant enforcement agencies.
