South C building tragedy: Sakaja seeks prosecutorial powers

South C building tragedy: Sakaja seeks prosecutorial powers
A rescue team combs through the rubble of a building that collapsed in South C, Nairobi on January 2, 2025. PHOTO/NDMU
In Summary

The Governor said counties are often left powerless after taking enforcement action, as cases against developers stall once they reach the prosecution stage.

Renewed scrutiny over construction oversight in Nairobi has followed the collapse of a 14-storey building in South C, with Nairobi Governor Sakaja Johnson pushing for a fundamental shift in how counties enforce building laws.

Sakaja has renewed calls for the return of prosecutorial powers to county governments, saying the move is essential to curbing rogue developers and enforcing building regulations.

Speaking on Sunday after visiting the disaster site, the Governor said counties are often left powerless after taking enforcement action, as cases against developers stall once they reach the prosecution stage.

“Counties can issue stop orders, make arrests and take enforcement action, but once matters go to court, the process often stalls, " Sakaja said.

“If we are serious about protecting lives, counties must be granted prosecutorial powers to decisively deal with developers who violate building regulations.”

He argued that restoring limited prosecutorial authority to counties would enable swift action against violators and help prevent tragedies linked to illegal or non-compliant construction.

“This building did not collapse out of nowhere. It had been flagged multiple times by our enforcement teams, and the tragedy we are witnessing today is the result of laws that are not followed through to their conclusion,” the Governor added.

On Sunday, rescuers retrieved the body of one person trapped under the rubble of the collapsed building while search for another continues.

Also speaking during the visit to the site, Nairobi Woman Representative Esther Passaris called for accountability at the highest levels over the tragedy, urging the entire county planning committee to resign.

“Above all, any lives lost must be compensated, and those responsible must be brought to book. We need a wholesale clearing of the deck rather than the sacrifice of junior officers, and above all, substandard structures must not continue receiving official approval despite glaring safety violations,” Passaris said.

Nairobi City County officials revealed that the collapsed building had previously been subjected to enforcement actions over various infractions in May, July and December 2025.

The National Construction Authority (NCA) described the project as non-compliant at the time of the incident.

The building, a proposed mixed-use development located on Muhoho Avenue, plot number 68/1306 in South C Ward, Lang’ata Sub-County, was registered with the NCA on November 8, 2023.

According to the Authority, the developer on record, Abyan Consulting Limited, also served as the contractor. The consultants involved included Architect Gideon Chege Mwangi (A2010), Engineer Peter Kimani Kireru (A3687), and Quantity Surveyor James Kirika Njoroge (Q1126).

The contractor was registered under the NCA 4 category for building works, with Yussuf Mohamed Yussuf listed as the company’s sole director.

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