ODPP Directs DCI Probe Into Eastleigh Building Collapse

• The Director of Public Prosecutions (DPP) denied receiving an inquiry file from Nairobi City County regarding the Eastleigh building collapse.
• The DPP has directed the Directorate of Criminal Investigations (DCI) to conduct a comprehensive probe into the collapse, invoking Article 157(4) of the Constitution.
• The ODPP stated it would pursue criminal culpability against any responsible individuals if sufficient evidence is found, regardless of their status.
• Governor Johnson Sakaja claimed Nairobi City County did not approve architectural plans for the building, only a change of user in October 2024.
• Sakaja also questioned the release of 10 out of 14 suspects arrested by county officers prior to the Eastleigh building collapse.

The ODPP has made it clear that should the investigation yield sufficient evidence establishing criminal culpability, the office will pursue necessary prosecutorial action against any individuals found responsible, regardless of their position or societal standing.

The Office of the Director of Public Prosecutions (ODPP) has initiated a comprehensive investigation into the Eastleigh building collapse, directly instructing the Directorate of Criminal Investigations (DCI) to probe the incident. This directive, issued in a statement on Monday, October 26, follows the ODPP's assertion that it had not received any formal inquiry file from the Nairobi City County Government regarding potential misconduct related to the structure's construction. The ODPP specifically denied that City Hall had ever submitted documentation concerning alleged wrongdoing by the developer, construction professionals, or county officials for review and guidance.

This clarification from the Director of Public Prosecutions Kenya comes amidst a public debate surrounding the approvals granted for the multi-storey building and the subsequent enforcement actions taken by Nairobi City County prior to its collapse. The ODPP's intervention underscores a critical gap in the formal legal process, as the county government had not provided the necessary file for prosecutorial consideration. The ODPP Eastleigh building collapse DCI probe is now set to uncover the full circumstances.

Leveraging the authority vested in Article 157(4) of the Constitution, the Director of Public Prosecutions has formally instructed the DCI to undertake a thorough investigation into the events leading to the Eastleigh building collapse. This DCI building collapse investigation will meticulously examine whether any actions or failures to act by Nairobi County officials, the developer, contractors, or other professionals involved in the planning, approval, supervision, and construction phases contributed to the disaster. The findings from this extensive inquiry are slated for submission to the ODPP for an independent assessment and subsequent directives.

The ODPP has made it clear that should the investigation yield sufficient evidence establishing criminal culpability, the office will pursue necessary prosecutorial action against any individuals found responsible, regardless of their position or societal standing. This firm stance highlights the emphasis on Kenya building regulations enforcement. The ODPP also extended its sympathies to those who suffered injuries and property losses in the tragic incident, issuing a stern caution to developers, contractors, construction professionals, and public officials against neglecting building regulations and safety standards.

The ODPP's statement emerges against a backdrop of mounting questions regarding the construction of the Eastleigh building, particularly given claims by Nairobi Governor Johnson Sakaja. Governor Sakaja has asserted that Nairobi City County did not approve the architectural plans required for the high-rise development, despite approving a change of user for the property from residential to mixed residential and commercial use in October 2024. He emphasized that a change of user approval does not equate to permission to commence construction.

Furthermore, Governor Sakaja has stated that county officers had taken enforcement action against the development and made arrests concerning alleged violations of planning regulations before the structure's collapse. However, he later raised concerns about the reported release of these suspects, seeking an explanation from Kamukunji Police Station regarding claims that some were freed on Sh50,000 cash bail without a court appearance. Police records reportedly indicated that 14 suspects were booked in June, with 10 subsequently released under unclear circumstances. The Governor also contended that counties lack the direct prosecutorial powers for certain planning and construction offenses, making them reliant on national investigative and prosecution agencies after initial arrests.

The Director of Public Prosecutions' direct intervention in the Eastleigh building collapse case signals a heightened focus on accountability for breaches of construction regulations. This move by the Director of Public Prosecutions Kenya underscores a critical distinction between informal referrals and the formal submission of an inquiry file to prosecutors for review and directives. For developers, contractors, and Nairobi County officials, this development significantly increases prosecutorial risk for malfeasance in the construction sector.

The ODPP Eastleigh building collapse DCI probe highlights the imperative for strict adherence to legal procedures, particularly the formal submission of comprehensive inquiry files to avoid direct DCI directives. The explicit warning from the ODPP regarding criminal culpability, irrespective of an individual's position, serves as a potent reminder of the serious legal consequences for neglecting Kenya building regulations enforcement. This case sets a precedent for more rigorous oversight and prosecution, emphasizing the critical importance of compliance and due process in all construction projects within Nairobi City County and beyond.

Lawyers advising developers, contractors, or Nairobi County officials should note the DPP's direct intervention and emphasis on criminal culpability for building regulation breaches, signaling increased prosecutorial risk for malfeasance and the critical importance of formal inquiry file submissions to avoid direct DCI directives.

Source: Facts derived from Kenyan news reports.