Joseph Muturi Mugu: NCA Records Request Launched Amid Eastleigh Collapse

• Structural engineer Joseph Muturi Mugu disputes responsibility for an Eastleigh building collapse, claiming his involvement was limited to design submission.
• The National Construction Authority (NCA) had publicly identified Mugu as the structural engineer for the collapsed development.
• Mugu's legal representatives, Bedan Njeri and Company Advocates, have demanded extensive records from the NCA to clarify his actual role.
• The records request, made under Kenya's Access to Information Act, seeks project registration documents, structural designs, and electronic submission details.
• Mugu's lawyers also requested confirmation of any prior contact from the NCA to verify his appointment or participation in the project.

This proactive use of access to information laws highlights the critical importance of clear documentation and verification processes for construction professionals.

A structural engineer, Joseph Muturi Mugu, has publicly contested any responsibility for the recent collapse of a building under construction in Nairobi's Eastleigh area. This challenge comes after the National Construction Authority (NCA) issued a press statement on October 23, which was widely circulated in the media, identifying Mugu as the structural engineer associated with the ill-fated development in its official records. The incident has prompted a swift legal response from Mugu, who asserts that his professional engagement with the project was significantly more limited than implied by the regulatory body.

Through his legal representatives, Bedan Njeri and Company Advocates, Mugu maintains that his involvement was solely confined to the preparation of structural designs for a proposed 15-story building. He states that he did not proceed with any subsequent professional services after these designs were submitted to the client. Consequently, his legal team has explicitly rejected any imputation of responsibility for the collapse, emphasizing that his role concluded at the design submission phase. The lawyers' letter to the NCA Acting Executive Director, Susan Rutto, underscores this position, seeking to clarify the extent of Mugu's actual participation.

In a significant move to defend his professional reputation and clarify his involvement, Joseph Muturi Mugu, through Bedan Njeri and Company Advocates, has initiated a comprehensive Joseph Muturi Mugu NCA records request. This formal demand, addressed to the National Construction Authority, seeks certified copies of all documentation related to the Eastleigh building collapse engineer liability investigation. The requested materials are extensive, including the complete project registration application, supporting documents, the official registration certificate, and any subsequent amendments made to the project's details.

Furthermore, the legal team has specifically asked for every structural drawing, calculation, and design report, alongside all county approvals and revised submissions that the NCA holds concerning the development. A crucial aspect of their inquiry involves any document purportedly bearing Mugu's signature, stamp, seal, or professional registration details. The request extends to electronic submission and verification records, aiming to uncover who entered Mugu's particulars, uploaded documents, and the precise timing of these actions. This includes account identifiers, audit trails, verification messages, approval codes, and records of confirmations or acceptances attributed to the engineer, all vital for understanding the Kenya National Construction Authority records.

The basis for this urgent request for information is firmly rooted in Kenya's legal framework, specifically Article 35 of the Constitution, which guarantees the right to access information, and Sections 4 and 8 of the Access to Information Act, 2016. Mugu's lawyers argue that the disclosure of these documents is indispensable for establishing the accuracy of the records linking their client to the project and will enable him to adequately respond to the serious allegations he faces. The legal team has also pressed the NCA to confirm whether it made any contact with Mugu to verify his appointment or participation before registering him or publishing the statement that identified him as the structural engineer.

Should such verification have occurred, the advocates demand the disclosure of all relevant correspondence and records. They have also requested that the NCA formally acknowledge Mugu's stated position on the project file and issue a public clarification through the same channels used for its initial statement. Citing the ongoing public circulation of Mugu's name in connection with the collapse, the lawyers have urged the NCA to treat the matter with extreme urgency, requesting the provision of all specified information within 48 hours. This proactive use of access to information laws highlights the critical importance of clear documentation and verification processes for construction professionals.

Lawyers advising construction professionals should note the critical importance of clearly defined contractual scopes and meticulous record-keeping to defend against liability claims, as demonstrated by the engineer's use of access to information laws to challenge regulatory assertions. Compliance officers should review internal procedures for documenting professional involvement in projects and responding to regulatory inquiries.

Source: Original reporting based on legal correspondence and media statements.