'I will not apologise', Babu Owino tells Sakaja over Eastleigh building collapse

Embakasi East MP Babu Owino has refused to apologise for his claims about the collapsed Eastleigh building, daring those threatening legal action to take him to court.

In a strongly worded response to a defamation demand letter posted by Nairobi Governor Johnson Sakaja on X, Owino, through his lawyers, says he would not be intimidated into silence over the tragedy that has raised questions about building approvals, regulatory oversight and the Nairobi County Government’s enforcement of construction rules.

"Our clients will neither apologise to your client nor to Governor Johnson Sakaja for demanding answers over a tragedy that has claimed lives and left families devastated," MP Owino, through lawyer Collins Mango, declares in a letter dated October 26, 2026.

The response came after Oyugi Ochieng & Associates Advocates, acting for architect Okeya Hempstone Nyawanda, demanded that Owino remove his social media posts within six hours, warning that failure to comply would trigger legal proceedings.

The dispute centres on a document purportedly showing Nairobi City County’s approval for development on land parcel LR/Parcel No. 36/11/40 in Eastleigh, where a multi-storey building collapsed on October 23.

Nyawanda’s lawyers argued that the document falsely identified their client as the registered physical planner through whom the approval was issued.

They maintained that he was an architect, not a physical planner, and said the publication was damaging his professional reputation and public image.

But Owino’s lawyers, led by advocate Mango, dismissed the attempt to characterise his statements as defamatory, arguing that the circumstances surrounding the collapse demanded public scrutiny.

“When a building collapses and lives are lost, Nairobi residents are entitled to ask who approved what, what safeguards were in place, and whether the relevant authorities did what the law required of them,” Lawyer Mango said.

Owino lawyers also took issue with the demand letter’s salutation, which addressed the MP as “Madam”.

“We are left to wonder whether this was a case of mistaken identity, an unfortunate lapse in proofreading, or whether the six-hour ultimatum was prepared with the same degree of care as the salutation,” the response stated

The lawyer says they would assume it was an innocent oversight but described it as an unfortunate opening for a letter demanding accountability.

Owino’s legal team further argued that Governor Sakaja could not be excluded from scrutiny over the administration of Nairobi County and the authorities responsible for development approvals and enforcement of building regulations.

“Public accountability cannot be placed on pause simply because those being questioned would prefer the questions to stop,” Lawyer Mango says

They add that the architect’s professional designation alone did not resolve questions about the disputed document or establish that Owino’s statements were false or defamatory.

Further, the response states that Owino would defend any proceedings brought against him and would continue raising the matter through lawful public discourse.

“Six hours may be sufficient to issue an ultimatum; it is hardly sufficient to resolve the questions raised by a tragedy of this magnitude,” the MP lawyers said.

The legal confrontation comes amid conflicting accounts over the collapsed building’s approval status.

 Sakaja has maintained that while the county approved a change of use for the property in October 2024, it did not approve the subsequent plans for the high-rise construction.

Owino has disputed the governor’s account, citing a document dated February 13, 2024.

Investigations lodged by the DCI into the collapse are expected to establish the circumstances surrounding the construction and whether any individuals or institutions bear responsibility.

The competing claims over the approval document have yet to be conclusively resolved.

In an annexure accompanying the response, Owino’s lawyers compiled a list of reported building collapses in Nairobi during Sakaja’s administration between 2022 and October 2026, arguing that the incidents underscore the need for accountability over construction approvals and building safety.

The list cites incidents in Kasarani and Eastleigh in November 2022, when three buildings reportedly collapsed within a single week, including two seven-storey buildings.

Fatalities were reported in Eastleigh, while workers were trapped.

It also lists the January 1, 2026 collapse of a 16-storey residential building under construction in South C.

MP Owino says investigations reportedly focused on unauthorised additional floors and safety breaches, with multiple fatalities reported.

On January 10, 2026, a building under construction reportedly collapsed along Ngong View Lane in Karen, killing two construction workers and injuring seven others.

The document further cites a residential building collapse in Westlands in March 2026, where workers were reportedly trapped, as well as another Nairobi building collapse on March 16 and 17, 2026, in which at least four people were reported killed.

More recently, the letter lists the October 17, 2026 collapse of a building under construction near OTC, at the junction of Racecourse and Kirinyaga roads in Nairobi’s central business district.

Twelve people were reportedly rescued, according to the account included in the document.

The October 23 collapse of a 12-storey building under construction along 9th Street in Eastleigh is also listed, with rescue operations reportedly involving excavators.

The final incident cited is a building collapse in Highrise, Kibera, in October 2026, which prompted a multi-agency search-and-rescue operation involving the Kenya Red Cross and security forces.

Owino’s lawyers argue that the incidents raise broader questions about development approvals, construction oversight and enforcement of building regulations in Nairobi under Sakaja's administration, insisting that the threat of legal action should not stop public scrutiny.