Babu Owino Rejects Demand to Delete Eastleigh Building Post as DPP Orders Probe

The Embakasi East MP says he will defend his remarks in court as questions over the collapsed building’s approvals draw investigators’ attention to City Hall, the developer and construction professionals.

Embakasi East MP Babu Owino has refused to remove a social media post linking a disputed Nairobi County approval document to the multi-storey building that collapsed in Eastleigh, setting the stage for a possible legal battle as authorities investigate the tragedy.

Through his lawyer, Collins Mango, Owino rejected demands for an apology and withdrawal of the publication. The dispute involves claims that the post wrongly linked physical planner Okeya Hempstone Nyawanda to an approval document for the development on parcel LR No. 36/11/40 in Kamukunji Sub-county.

The row has widened beyond the exchange between the MP and those challenging his claims. On 26 October, the Office of the Director of Public Prosecutions (ODPP) directed the Directorate of Criminal Investigations (DCI) to examine whether the developer, county officials, contractors or other professionals contributed to the collapse through their actions or omissions. <Cite refs={["turn151456search0","turn151456search1"]}/>

In a response to the demand from Nyawanda’s lawyers, Mango said his client would not apologise to the planning professional or Nairobi Governor Johnson Sakaja for demanding answers over the disaster.

“Our client will continue to call upon Governor Sakaja and the relevant County Government authorities, this time round, LOUDER, to explain the circumstances,” Mango said in the letter.

Owino also signalled that he was prepared to defend his position in court rather than take down the post.

“See you in court! I want to cross-examine you for seven hours straight. I will have you for breakfast!” he wrote on social media.

The remarks came after lawyers challenged the information in the post and demanded its removal within six hours, warning that legal proceedings could follow. A separate demand from Sakaja’s legal team also sought the removal of Owino’s posts about the governor and the disputed approval. <Cite refs={["turn151456search4","turn151456search15"]}/>

What is disputed about the approval?

Owino shared a document he said showed that Nairobi County had approved the proposed development. The document reportedly names Nyawanda in connection with the application.

Nyawanda’s lawyers dispute the suggestion that their client was responsible for issuing the approval, maintaining that he is an architect rather than a physical planner. They argue that the publication damages his professional reputation.

The dispute turns partly on the difference between permission to change a property’s use and approval to construct a building.

Sakaja has maintained that the county approved a change of use from residential to mixed residential and commercial on 17 October 2024. He says the architectural plans submitted later were not approved. He has also argued that the application dates cited in the document shared by Owino do not align with the county’s records. <Cite refs={["turn151456search2","turn151456search3"]}/>

Owino has challenged the governor’s account and called for an explanation of how the development proceeded. But the document circulated online does not, on its own, establish that all the necessary construction approvals were granted or that the conditions attached to any approval were met.

The allegation that a bribe was paid in connection with the development has also circulated in the political dispute. It has not been independently established and should not be treated as fact.

DPP orders investigation into building collapse

The legal confrontation comes as investigators begin examining the circumstances surrounding the collapse of the building on 23 October.

In a statement issued on 26 October, the ODPP said the DCI would investigate the planning, approval, supervision and construction of the project. The inquiry is expected to establish whether any conduct by public officials or private parties contributed to the disaster.

The ODPP also said Nairobi County had not forwarded an inquiry file relating to possible wrongdoing in the construction of the building for prosecutorial review. It said any person against whom sufficient evidence establishes criminal responsibility could face prosecution, regardless of their position. <Cite refs={["turn151456search0","turn151456search1"]}/>

The directive adds a formal investigative process to the public debate over who should account for the building’s collapse. It does not, however, establish wrongdoing by any individual or institution.

Meanwhile, the Engineers Board of Kenya has said it is investigating professional responsibilities linked to the incident, including compliance with engineering standards and supervision requirements. <Cite refs={["turn151456search12"]}/>

Accountability and the limits of public claims

The collapse has renewed scrutiny of building approvals and enforcement in Nairobi. The central questions are whether the project had the required approvals, whether construction followed approved plans, and whether authorities acted on any violations before the disaster.

Those questions require examination of official records, inspection reports and evidence gathered by investigators. Neither a disputed document shared online nor a denial by a public official settles the matter.

Owino’s refusal to withdraw his post means the dispute could now move into the courts. If proceedings are filed, the parties may have to defend their claims and explain the evidence on which they rely.

For families affected by the collapse, the priority remains answers about what happened and whether anyone was responsible. The DCI investigation is expected to help establish the facts, while any decision on prosecution will depend on the evidence and the ODPP’s review.

Until those inquiries are complete, allegations against the county, the developer or individual professionals remain unresolved.

About the Author

Maureen Onyango is a journalist passionate about storytelling, life coaching and spiritual lessons. She studied at the Kenya Institute of Management and enjoys telling stories that inform, inspire and empower communities.