- Sakaja said weak penalties for construction violations undermine enforcement and allow developers to disregard approved building plans and safety standards, putting lives at risk.
Nairobi Governor Johnson Sakaja has called for tougher penalties against developers who violate building regulations and renewed his push for county governments to regain prosecutorial powers following the collapse of an incomplete 12-storey building in Eastleigh.
Sakaja said weak penalties for construction violations undermine enforcement and allow developers to disregard approved building plans and safety standards, putting lives at risk.
Speaking at the collapse site along 1st Avenue, 9th Street, on Friday, October 23, the governor urged professional bodies representing architects, engineers and quantity surveyors to investigate cases in which qualified professionals are removed from approved construction projects before completion.
He said some developers engage qualified professionals to obtain construction approvals but later dismiss them and continue building without the required professional oversight.
“We have formally written to the Office of the Director of Public Prosecutions, and we hope our request will be considered. Counties must be empowered to take firm action against rogue developers who disregard building regulations and put lives at risk,” Sakaja said.
The governor questioned the deterrent effect of existing penalties, saying some developers convicted of construction-related violations could face fines as low as KSh5,000.
“Even when such offenders are arrested and taken to court, the penalties can be as low as Sh5,000, which is not a sufficient deterrent,” he said.
Sakaja called on professional associations to work with county authorities to identify and investigate cases where architects, engineers and quantity surveyors are withdrawn from projects under circumstances that raise concerns about compliance with approved designs and safety requirements.
He said the bodies should take appropriate disciplinary action against professionals found to have breached their obligations.
The governor also emphasised the need for developers to obtain occupation certificates before putting completed buildings into use, following the necessary inspections to establish compliance with safety requirements.
He said developers are required to secure county approvals, engage qualified professionals and commit to following approved plans and construction standards.
The Eastleigh building was still under construction when it collapsed, with the ground floor occupied at the time of the incident. The collapse triggered a multi-agency search and rescue operation amid fears that people could be trapped beneath the debris.
Nairobi City County emergency response teams were working alongside the National Disaster Operations Centre, the Kenya Red Cross, the Kenya Defence Forces and other agencies.
Heavy machinery was deployed to clear the rubble and provide access to areas where victims could be trapped, as additional resources were mobilised to support the operation.
Sakaja said county health teams were on standby to provide medical assistance to anyone rescued from the site.
He urged families and members of the public with information about missing persons to report to designated centres established by response teams. The public was also advised to share information through the county emergency hotlines, 1508 and 1199.
The collapse has renewed scrutiny of construction safety and the enforcement of building regulations in Nairobi. However, the cause of the incident had not been established in the information provided by the county.
Sakaja said restoring prosecutorial powers to county governments, imposing more effective penalties and strengthening collaboration with professional bodies would improve compliance and help prevent similar incidents.