An Investigation report on the alleged abuse of power and misconduct through irregular eviction of Jua kali mechanics and destruction of their property by Hon. Osman Khalif, MCA Nairobi South ‘C’ ward

Abstract

The Commission carried out an investigation into alleged abuse of power and misconduct by Hon. Osman Khalif- MCA South C Ward, through irregular eviction of garage operators and destruction of their property. It was alleged by Rosana Auto Garage operators that the MCA South C had used undue influence to have the garage removed from the space and their property seized and damaged. The operators further alleged that they reported the matter at Akila Police Post but the police failed to take appropriate action. Pursuant to section 8 of the CAJ Act, the Commission carried out investigations to ascertain the veracity of the aforementioned allegations. The Commission sought to establish circumstances surrounding the eviction of the garage operators, whether any property was indeed seized and damaged and whether the MCA and/or any other public officer abused their power in carrying out the evictions. The Commission also sought to find out the action taken by police on various reports made about the incidents at Akila Police Post. The Commission notified Nairobi City County Governor as well as the Speaker Nairobi City County Assembly of the Commission’s decision to undertake the investigation. A team of investigators visited various Nairobi City County Government offices, conducted interviews with members of the NPS as well as NCCG staff and recovered documents relevant to the matter under investigation. It was established that three evictions were done on the garage, but the allegation that the MCA was directly involved could not be substantiated. It was further confirmed that the last two evictions were undertaken by the Nairobi City County Government (NCCG) and the Multi-sectoral Agency Consultative Committee on Unsafe Buildings and Other Structures respectively, as the garage was located on a road reserve. The circumstances surrounding the first eviction and damage to property is still under investigation by the police. It was however noted that the NCCG lacks controls on issuance of trade licenses thus businesses such as Rosana Auto Garage are able to obtain business permits online without other requisite approvals such as Temporary Occupation Licenses (TOLs). It was also established that there are no clear guidelines on issuance of TOLs thus giving room for undue political influence and discriminative enforcement action. In light of these findings, the Commission proposed a number of recommendations to the NCCG and NMS among them streamlining the processes of application, evaluation and issuance of licenses and permits. Further, it was recommended that the DCI Lang’ata Sub County expedite investigations on malicious damage and loss of property as reported at Akila Police Post. It was also the Commission’s recommendation that Rosana Auto Garage be advised to make a fresh application for a TOL to occupy the said open space or identify an alternative location and thereafter comply with all the legal requirements before commencing business.