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In the urgent petition filed Before Milimani High Court, activist Francis Awino argues that Akech’s continued tenure at the helm of the NCA has been marked by regulatory failure, administrative maladministration, and a systematic disregard for public safety, particularly in Nairobi County where several buildings have collapsed or been flagged as unsafe.

The petitioner, who identifies himself as President of Vybe Tribe, a civil society movement, is seeking multiple declarations and orders, including a finding that Akech is unfit to hold public office.

“A declaration is sought that the Respondent, Maurice Akech, in his capacity as Executive Director of the National Construction Authority, has acted in a manner inconsistent with the Constitution of Kenya and is therefore unfit to hold public office,” the petition states.

The case centers on the collapse of a twelve-storey mixed-use building at Plot No. 209/5909/10, South C Ward, Lang’ata Sub-County, along Kiganjo Muhoho Avenue on January 2, 2026.

The collapse resulted in at least two individuals being trapped and one person injured during construction.

According to the petition, investigations and situational reports by Nairobi City County and NCA revealed that the building, developed and constructed by Abyan Consulting Limited, was non-compliant at the time of collapse.

The petitioner claims there was no evidence of approved structural plans, statutory inspections, geotechnical reports, or proper site supervision.

The activist alleges that Nairobi City County issued enforcement notices to the developer in May, July, and December 2025, highlighting numerous infractions, including non-compliance with approved plans, unsafe construction practices, and lack of statutory inspections.

“The Respondent NCA through its boss Akech failed to enforce these notices or take any remedial action, allowing continued illegal construction and placing the public at grave risk,” the petition reads.

Awino further alleges that despite architectural plans being approved for twelve floors in December 2023, additional floors were constructed without statutory approvals, in blatant violation of the Physical and Land Use Planning Act and relevant Nairobi City County by-laws.

The petition states that Akech, in his official capacity, acknowledged the non-compliance of the building in a public statement dated January 2, 2026, admitting that the project was registered on November 8, 2023, and was “non-compliant” at the time of collapse.

The activist wants the court to issue an order removing or suspending Akech from office, citing what he terms demonstrated incompetence, negligence, disregard for public safety, and failure to uphold integrity and accountability.

“The court does issue an interim order suspending the Respondent, Maurice Akech, from the office of Executive Director of the National Construction Authority pending the hearing and determination of the Application and Petition filed herein,” Awino seeks.

The petition also cites a pattern of structural failures in Nairobi, including incidents in Zimmerman in 2023 and Kahawa West in October 2024, attributing them to poor workmanship, substandard materials, and inadequate statutory oversight.

Among the reliefs sought, the petitioner wants the court to declare that Akech has violated Articles 10, 21, 23, 35, 47, 73, and 201 of the Constitution, relating to national values, public safety, administrative justice, leadership integrity, and public service principles.

The petition argues that Akech’s actions constitute breaches of the National Construction Authority Act, the Physical and Land Use Planning Act, NCA Regulations 2014, and Nairobi City County building by-laws.

The activist is asking the court to compel the NCA to immediately halt all ongoing construction projects in Nairobi County that lack approved structural plans, ensure mandatory inspections are conducted before work continues, and enforce sanctions against developers, contractors, and professionals who violate regulatory standards.

“A mandatory order is sought directing the Respondent to take immediate action to enforce compliance with building and construction regulations in respect of all non-compliant projects in Nairobi County,” the petition states.

The activist further argues that Akech’s alleged inaction despite repeated warnings amounts to abuse of office.

“The Respondent’s failure to act, in the face of repeated enforcement notices and known violations, constitutes administrative maladministration, gross negligence, and abuse of office,” the filing adds.

Additionally, Awino wants the court to order Akech to provide in court a full account of all enforcement actions taken or omitted regarding buildings in Nairobi County that were flagged for non-compliance between 2021 and 2026 within 14 days.

Awino further targets approvals involving Abyan Consulting Limited and other developers implicated in unsafe construction.

“A declaration is sought that any approval, registration, or licensing decisions made by the Respondent in relation to Abyan Consulting Limited, or any other developer involved in unsafe or non-compliant construction, are null and void to the extent that such decisions contributed to the endangerment of human life,” the petition states.

Finally, the activist wants the court to impose personal accountability, including recommendations for disciplinary action, deregistration, or referral to oversight bodies for professional negligence.

The case which is pending hearing and directions before Justice Chacha Mwita names the State Department of Public Works and Infrastructure and National Construction Authority as an interested parties.

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Speaking on Sunday, reportedly during a service at Kibos Pentecostal Church in Kisumu County, Maraga said Kenya’s biggest challenge remains corruption and lack of integrity among public officials, warning that he would not tolerate anyone in his government who prioritises self-enrichment over public service.

“I will only work with people who have the same values and beliefs as I do — those who are honest, God-fearing, and ready to serve Kenyans, not themselves,” Maraga said.

“Kenyans are tired. They are fed up with corruption and leadership that only benefits a few.”

Maraga, who served as Kenya’s 14th Chief Justice between 2016 and 2021, has recently hinted at running for the presidency, positioning himself as a reformist leader who would restore integrity in governance.

He said his vision for Kenya is one rooted in justice, fairness, and accountability, the same principles that guided him during his time at the Judiciary.

“I want Kenyans to trust me,” he said.

“If I get the opportunity to serve as President, I will strengthen institutions such as the Ethics and Anti-Corruption Commission (EACC) and ensure those who steal from public coffers face the full force of the law.”

The former CJ expressed concern that corruption cases involving senior officials often collapse or drag for years due to political interference.

He vowed to empower oversight institutions to operate independently, free from influence by powerful individuals.

Maraga also clarified that his political ambitions are not driven by personal gain but by a genuine desire to offer servant leadership.

He said Kenya needs a moral awakening in politics — one that prioritizes service delivery over tribalism, wealth, and power struggles.

“I am not seeking the presidency to enrich myself,” he said.

“I am seeking it to serve. We must change the culture where public office is seen as an opportunity to amass wealth instead of serving the people.”

He said his administration would prioritize key areas such as access to healthcare, education, youth employment, and infrastructural development.

According to Maraga, leadership should focus on measurable results and the improvement of citizens’ lives rather than endless political rhetoric.

“We must bring back honesty in leadership,” he said.

“Every shilling collected from taxpayers must be accounted for. Kenyans deserve to see value for their money.”

The former CJ also underscored the importance of constitutionalism and adherence to the rule of law, saying that no one should be above the law, not even those in the highest offices.

“The Constitution must be respected by everyone. It is the supreme law. My government will ensure the law applies equally to all Kenyans,” he said.

Maraga’s remarks come as he continues to shape his political profile ahead of the 2027 elections.

His message has resonated with Kenyans disillusioned by decades of corruption scandals and poor governance.

“Kenya can be fixed,” he concluded.

“But only if we put honesty, hard work, and justice at the center of leadership.”

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In a replying affidavit filed at the Milimani High Court Constitutional and Human Rights Division, EACC’s Director of Legal Services and Asset Recovery, David Too, confirmed the agency’s support for the presidentially-established Multi-Agency Team on War Against Corruption (MAT-WAC), despite its leadership by the Executive Office of the President.

“The EACC is therefore, in principle, in favour of MAT-WAC framework so long as the independence of the Commission is safeguarded,” said Too in the affidavit.

This admission comes in response to a petition filed on August 20, 2025, challenging the legality and constitutionality of the new team, whose establishment was announced via a Presidential Proclamation on August 18, 2025.

The proclamation brought together 11 institutions, including the Directorate of Criminal Investigations (DCI), National Intelligence Service (NIS), Kenya Revenue Authority (KRA), Office of the Director of Public Prosecutions (ODPP), and the EACC itself.

The inclusion of the Executive Office of the President as Chair has drawn scrutiny, with petitioners arguing it threatens the autonomy of independent commissions.

But EACC downplayed those concerns, saying: “Independence does not mean acting in isolation from other state organs,” stated Too.

“The Commission is required to collaborate with other state agencies in the exercise of its mandate since the fight against corruption requires all hands on deck.”

Too further defended EACC’s participation in MAT-WAC by citing multiple legal and policy frameworks supporting inter-agency cooperation, including Section 11(3) of the EACC Act, Article 38 of the United Nations Convention Against Corruption, and Supreme Court precedents.

“Collaboration creates synergy while leveraging on the unique strengths of each entity,” he noted.

“This prevents inefficiencies, missed opportunities, and operational failures.”

Despite reaffirming EACC’s status as a constitutionally independent commission under Article 249(2) of the Constitution, the affidavit emphasized that “integration, linkages, partnerships, teamwork” are critical tools in a modern, whole-of-government anti-corruption strategy.

However, legal experts others argue the statement that EACC is “ready to work under” a team chaired by the President’s office could set a dangerous precedent.

“This is more than just collaboration. It borders on surrendering autonomy,” said a constitional lawyer  familiar with the case, who requested anonymity.

In his affidavit, Too emphasized that the anti-graft body’s involvement in MAT-WAC is not a constitutional compromise but a strategic necessity.

“The members of MAT-WAC are institutions with crucial information that could expedite investigation and prosecution of corruption offences and recovery of assets obtained from corrupt activities,” he said.

The petitioners, led by activist Dr. Magare Gikenyi, are seeking a declaration that the presidential proclamation violates the Constitution by compromising the independence of commissions like the EACC.

They claim that the president has ursuped the mandate of constitutional offices including EACC, ODPP and the graft Taskforce is therefore illegal, and unconstitutional.

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