Sakaja seeks tougher penalties for developers who violate building regulations

Nairobi Governor Johnson Sakaja has urged the Senate to review penalties for developers who violate approved building plans, arguing that the current fines are too low to deter illegal construction and protect public safety.

Sakaja, who appeared before the Senate Standing Committee on Roads, Transportation and Housing to discuss unregulated developments, also called for legal changes to strengthen county governments’ enforcement powers against developers who disregard construction regulations.

The governor said the maximum fine of KSh500,000 provided under the Physical and Land Use Planning Act, 2019, may be insignificant for developers undertaking projects worth billions of shillings.

Section 57 of the Act provides for a fine not exceeding KSh500,000, imprisonment for up to two months, or both, for commencing development without the required permission.

“The challenge is that some developers may consider these penalties insignificant compared with the value of their projects. Someone undertaking a development worth Ksh.2 billion may be willing to risk paying Ksh.500,000 if caught,” Sakaja said.

He called for a review of the law to introduce stiffer penalties that would discourage developers from violating approved construction plans and treating fines as an ordinary business expense.

“We need to review the law and introduce tougher, more effective penalties that will make developers think twice before violating construction regulations. Compliance must be the priority, not treating fines as an ordinary business expense,” he said.

Sakaja said Nairobi County follows the established procedures when reviewing and approving building plans, with developers required to sign indemnity forms confirming their responsibility for construction quality and compliance with approved standards.

However, he warned that some developers alter approved designs once construction begins, disregarding the required standards and potentially putting residents at risk.

“However, some developers take advantage of the system. Once their plans are approved, they deviate from the approved designs and use their own methods of construction, disregarding the required standards,” he said.

The governor maintained that approval of building plans does not transfer responsibility for construction quality and safety from developers to the county government.

He also called for a review of the legal framework governing the prosecution of construction-related offences, saying county governments face limitations in holding violators accountable.

According to Sakaja, counties can identify violations and undertake enforcement action within their legal mandate, but prosecution is handled through the established national justice system involving the police and the Office of the Director of Public Prosecutions.

“Secondly, counties face limitations in enforcing these laws because we do not have independent prosecutorial powers,” he said.

He urged the Senate to examine how counties could be given a greater role in prosecuting relevant offences, subject to the law and appropriate safeguards.

“While this is the current legal framework, we believe there is a need to examine how counties can be empowered to enforce construction regulations more effectively, including whether appropriately authorised county officers should have a greater role in prosecuting relevant offences,” Sakaja said.

The governor argued that stronger enforcement powers and more substantial penalties would help ensure developers comply with approved designs and construction standards.

He maintained that indemnity forms signed by developers clarify their responsibility for construction quality but do not replace statutory obligations or prevent the county from exercising its lawful regulatory powers.

Sakaja’s proposals place the focus on possible legislative changes to strengthen developer accountability, improve enforcement of building regulations and protect residents from unsafe structures.