Sakaja: Eastleigh Building Collapse Professional Accountability Demanded

• Nairobi Governor Johnson Sakaja has called for investigations into an architect, engineer, and physical planner linked to a 12-storey building collapse in Eastleigh.
• County records indicate that only a change-of-use approval was granted, while architectural plans submitted by the project architect were never approved.
• Physical planner Nathan Mutunga Kiiti, architect Emmanuel Mwangi Maina, and engineer Joseph Mutturi Mugu are under scrutiny by professional bodies and the DCI.
• Governor Sakaja highlighted the critical distinction between the approved change-of-use and the unapproved construction plans as key to accountability.
• The incident has renewed calls for stricter enforcement of building regulations and for county governments to regain prosecutorial powers to deter non-compliant professionals.

Professionals whose details are utilized in the development process bear a fundamental responsibility to ensure that all construction activities strictly comply with approved plans, building regulations, and safety standards.

Nairobi Governor Johnson Sakaja has initiated a comprehensive probe into the collapse of a 12-storey structure in Eastleigh, specifically targeting the architect, engineer, and physical planner associated with the development. The Governor's directive came amidst ongoing multi-agency search-and-rescue operations at the site on 9th Street in Eastleigh, located within Kamukunji Sub-County. This incident has brought the issue of Sakaja Eastleigh building collapse professional accountability to the forefront, prompting an urgent call for action from relevant professional bodies.

Governor Sakaja explicitly requested that organizations representing architects, engineers, quantity surveyors, and builders conduct thorough investigations into their registered members. The primary objective of these inquiries is to ascertain whether these professionals adhered to established professional standards and complied with all pertinent construction regulations. The Governor's statements, made on the second day of rescue efforts, underscored a critical finding: the construction of the building proceeded without the necessary approved building plans from Nairobi City County.

County records reveal a significant discrepancy in the approval process for the collapsed Eastleigh building. While an application for a change of use from residential to commercial-cum-residential was approved by Nairobi City County on October 17, 2024, no subsequent approval was granted for the actual architectural plans. This change of use approval followed an application submitted by physical planner Nathan Mutunga Kiiti, identified by registration number 0274. However, architectural plans later submitted on November 20, 2024, by architect Emmanuel Mwangi Maina, registration number A2045, never received county approval.

The civil and structural engineering submissions for the project were made under Precise Civil Engineering Ltd, with engineer Joseph Mutturi Mugu named as the project structural engineer. Stromax Holdings E.A. Limited was listed as the contractor, and Maina was the designated project architect. Governor Sakaja emphasized that the critical distinction between the approved change-of-use and the unapproved construction plans is central to determining accountability for the collapse. He stressed that professionals whose details are utilized in the development process bear a fundamental responsibility to ensure that all construction activities strictly comply with approved plans, building regulations, and safety standards, highlighting a potential failure in the Nairobi County building approval process.

Describing the incident as a case of "total impunity," Governor Sakaja urged professional bodies to establish whether their members fulfilled their obligations and to take disciplinary action against any individuals found culpable. The county has already forwarded its comprehensive report to relevant authorities, including the Directorate of Criminal Investigations (DCI), for further investigations into potential criminal culpability. This move signals a heightened focus on Kenya construction professional standards and the enforcement of Nairobi building regulations enforcement.

The collapse has intensified scrutiny on building approvals, professional oversight, and the broader enforcement of construction regulations across Nairobi. Authorities are particularly concerned with ensuring that professionals involved in developments uphold their responsibility to guarantee compliance with approved plans. Governor Sakaja also reiterated his call for county governments to regain prosecutorial powers, arguing that robust enforcement mechanisms and effective penalties are essential to deter developers and professionals who disregard building regulations, thereby preventing future tragedies and reinforcing the importance of adherence to the law. The ongoing multi-agency investigations aim to uncover the full circumstances of the collapse and pinpoint individual responsibilities, including any professional or regulatory breaches.

Lawyers advising architects, engineers, and physical planners in Kenya should prepare for increased scrutiny and potential disciplinary proceedings from professional bodies and criminal investigations following building collapses. Compliance officers in construction firms must immediately review their internal processes for ensuring strict adherence to approved building plans and regulatory compliance, especially regarding 'change of use' approvals versus actual construction plans, to mitigate legal and reputational risks.

Source: Original reporting via Capital News