Nairobi Governor Sakaja: Seeks Prosecutorial Powers for Building Collapse Enforcement

• An incomplete 12-storey building collapsed in Eastleigh, Nairobi, prompting a multi-agency rescue effort.
• Nairobi Governor Johnson Sakaja is advocating for increased penalties for construction regulation violations.
• Governor Sakaja seeks to restore prosecutorial powers to county governments to strengthen enforcement against rogue developers.
• Concerns were raised about developers engaging licensed professionals only for approvals, then proceeding with unqualified personnel.
• Sakaja emphasized the critical need for developers to obtain occupation certificates and adhere to approved plans.

Governor Sakaja explicitly stated that the current weak penalties for violating construction regulations undermine enforcement efforts, allowing developers to compromise building safety and endanger lives.

An unfinished 12-storey structure in Nairobi's Eastleigh neighborhood, specifically along 1st Avenue and 9th Street, recently collapsed, triggering an extensive multi-agency search and rescue operation. Concerns immediately arose regarding individuals potentially trapped beneath the debris, particularly since the building's ground floor was in use at the time of the incident. This catastrophic event prompted an urgent response from various emergency services.

Nairobi Governor Johnson Sakaja was present at the site, actively overseeing the coordinated rescue efforts. These operations involved personnel from the Nairobi City County emergency response teams, the National Disaster Operations Centre, the Kenya Red Cross, and the Kenya Defence Forces, among other agencies. Heavy machinery was deployed to assist in clearing the rubble and creating access points to areas where victims might be located, with additional resources continuously mobilized to support the ongoing rescue mission. Governor Sakaja also appealed to families and the public to report any missing persons to designated centers established by the rescue teams at the scene.

In the wake of the Eastleigh collapse, Governor Sakaja has strongly advocated for significant reforms to Kenya's construction regulatory framework. He is calling for the implementation of more stringent penalties for developers who violate building regulations and for the reinstatement of prosecutorial authority to county governments. Sakaja argues that the current, often lenient, penalties—which can be as low as Sh5,000 for some construction offenses—are insufficient to deter non-compliant developers, thereby undermining effective enforcement and jeopardizing public safety.

The Governor has formally communicated with the Office of the Director of Public Prosecutions (ODPP), requesting that county governments be empowered to pursue legal action against developers who disregard established building codes. He asserts that granting counties such powers would enable authorities to take decisive measures against those who flout construction standards and approved plans, ultimately strengthening oversight and accountability within the sector. This move is seen as crucial for ensuring that developers adhere to safety requirements and prevent future tragedies.

Governor Sakaja also highlighted a critical issue where some developers engage qualified professionals solely to secure construction approvals, only to subsequently remove them from projects and proceed with unqualified personnel. This practice, he noted, compromises the integrity of construction and bypasses the safeguards designed to ensure buildings meet approved designs and safety standards. He emphasized that developers are required to obtain county approvals, engage certified professionals, and sign indemnity forms committing to comply with approved plans and construction standards, yet some disregard these commitments after initial approval.

Furthermore, Sakaja urged professional bodies representing architects, engineers, and quantity surveyors to actively collaborate with county governments. This collaboration would focus on identifying and investigating instances where qualified experts are withdrawn from construction sites under suspicious circumstances. He called for these professional associations to take appropriate disciplinary action against any professionals found culpable, stressing that experts responsible for building design, supervision, and safety must be allowed to discharge their duties without undue interference. The Governor also reiterated the non-negotiable requirement for developers to secure occupation certificates, ensuring that all structures undergo necessary inspections to confirm they are safe and fit for use before being occupied.

Lawyers advising developers in Kenya should anticipate increased enforcement scrutiny and potentially higher penalties for construction regulation violations, especially if county governments regain prosecutorial powers. Compliance officers must ensure strict adherence to approved plans, proper engagement of qualified professionals throughout projects, and obtaining occupation certificates to mitigate heightened legal and reputational risks.

Source: Reporting based on initial news coverage.