Nairobi Governor Sakaja: Seeks County Prosecutorial Powers for Enforcement

• Nairobi Governor Johnson Sakaja has called for county governments to be granted prosecutorial powers following an incomplete 12-storey building collapse in Eastleigh.
• Sakaja argues that current penalties, sometimes as low as Sh5,000, are insufficient deterrents for developers violating construction regulations.
• A formal request has been submitted to the Office of the Director of Public Prosecutions to restore these powers to counties.
• The Governor also urged professional bodies to take disciplinary action against developers who dismiss qualified experts after securing project approvals.
• The collapse prompted a multi-agency rescue operation at the site on 1st Avenue, 9th Street, with the ground floor reportedly occupied.

The Governor emphasized that empowering counties with prosecutorial authority would significantly bolster enforcement capabilities, enabling more decisive action against developers who flout approved construction plans and safety requirements.

An incomplete 12-storey building in Nairobi's Eastleigh area collapsed on October 23, triggering a large-scale multi-agency search and rescue operation. The incident occurred along 1st Avenue, 9th Street, with the ground floor of the structure reportedly occupied at the time of the collapse, despite the building still being under construction.

Nairobi City County emergency response teams immediately coordinated efforts with the National Disaster Operations Centre, the Kenya Red Cross, and the Kenya Defence Forces, among other agencies. Heavy machinery was deployed to clear debris and create access points for potential victims, while additional resources were mobilized to support the ongoing rescue mission. Governor Johnson Sakaja, who led operations at the site, urged the public to report any missing persons to designated centers established by rescue teams or via the county's emergency hotlines, 1508 and 1199, with health teams on standby to provide immediate medical attention.

In the wake of the Eastleigh tragedy, Nairobi Governor Johnson Sakaja has strongly advocated for the re-establishment of prosecutorial powers for county governments, alongside a demand for significantly tougher penalties against developers who disregard building regulations. The Governor formally communicated this request to the Office of the Director of Public Prosecutions (ODPP), expressing hope that the proposal would receive favorable consideration.

Governor Sakaja highlighted that the current weak penalties for violating construction regulations severely undermine enforcement efforts, creating an environment where developers can compromise building safety without adequate deterrence. He cited instances where developers found guilty of such violations face fines as low as Sh5,000, which he deemed insufficient to prevent future infractions and ensure public safety. The Governor emphasized that empowering counties with prosecutorial authority would significantly bolster enforcement capabilities, enabling more decisive action against developers who flout approved construction plans and safety requirements.

Governor Sakaja also drew attention to a critical loophole in the construction process: developers often engage licensed professionals to secure necessary approvals but subsequently remove them from projects, proceeding with construction using unqualified personnel. This practice, he noted, directly undermines the safeguards designed to ensure buildings adhere to approved designs and meet stringent safety standards. Developers are required to obtain county approvals, engage qualified professionals, and sign indemnity forms committing to compliance, yet some disregard these commitments post-approval, compromising structural integrity.

To combat this, Sakaja called upon professional bodies representing architects, engineers, quantity surveyors, and builders to collaborate with county governments. He urged these associations to actively identify and investigate cases where qualified professionals are withdrawn from construction sites under questionable circumstances. Furthermore, the Governor insisted that these bodies must take appropriate disciplinary action against any culpable professionals, stressing the importance of allowing experts responsible for building design, supervision, and safety to discharge their duties without interference. He also reiterated the mandatory requirement for developers to secure occupation certificates, ensuring structures undergo necessary inspections to confirm their safety and fitness for use before being occupied.

The push for county government prosecutorial powers and stricter Nairobi rogue developer penalties is a direct response to the perceived inadequacy of current Kenya construction regulation enforcement. The Governor's argument centers on the idea that without the ability to take firm legal action, county authorities are limited in their capacity to hold accountable those who endanger lives through substandard construction practices. This move aims to create a more robust legal framework at the county level, ensuring that building regulations are not merely advisory but are enforced with serious consequences for non-compliance.

Ultimately, the proposed changes seek to enhance public safety and restore confidence in the construction sector by ensuring that all buildings meet approved standards throughout their development. By empowering counties and holding both developers and professionals to higher standards, the initiative aims to prevent future tragedies like the Eastleigh building collapse and foster a culture of strict adherence to construction safety protocols.

Lawyers advising developers and construction firms in Nairobi should prepare for potentially stricter enforcement of building regulations and a shift in prosecutorial authority to county governments, which could lead to increased legal exposure and the need for enhanced compliance with construction standards and professional engagement protocols.

Source: Original reporting via Capital News