Architects Association condemns ODPP charges against Nairobi UPTC over Manzil Towers collapse

The Architectural Association of Kenya (AAK) has condemned the Office of the Director of Public Prosecutions’ decision to charge members of Nairobi County’s Urban Planning Technical Committee (UPTC) over the Manzil Towers collapse, warning that the move could undermine professional participation in public oversight bodies.

In a statement on Saturday, the association said the committee’s role is strictly advisory and does not include executive authority in the approval of construction projects.

It argued that holding technical experts criminally liable alongside decision-makers who hold statutory powers is both unfair and potentially damaging to governance systems.

“Professional advice is not executive authority,” AAK President George A. Ndege said in a statement. “The UPTC is strictly a technical review body tasked with providing professional recommendations. It has zero executive or final approval authority.”

The association further cautioned that criminal proceedings must be grounded in clear evidence of responsibility, insisting that accountability should follow legal authority rather than professional participation alone.

“The CEC is legally free to override, ignore, or bypass any objections raised by technical committee members,” the statement added, referring to the County Executive Committee Member who holds final approval powers under county planning laws.

The association warned that the decision to charge the entire committee sets a “dangerous precedent,” arguing it could intimidate professionals serving in advisory roles within public institutions.

“Targeting independent private sector and civil society nominees grossly amalgamates advisory voices with executive actions,” the statement said. “This dangerous precedent creates an environment of fear, discouraging competent professionals from offering professional oversight to public bodies.”

The association urged authorities to ensure that prosecutions are targeted only at individuals whose actions directly contributed to the collapse, insisting that justice processes must remain fair and evidence-based.

“Accountability must follow authority,” it said, adding that professionals should not be “persecuted as though they made the ultimate executive decisions.”

This follows the Office of the Director of Public Prosecutions (ODPP) approval of charges against 37 individuals linked to the collapse of a 16-storey building in South C, Nairobi, which killed two people in January 2026.

According to the ODPP, the suspects include senior Nairobi County officials, developers, and engineers involved in the approval and supervision of the project.

Among those set to face prosecution is suspended Nairobi County Chief Officer for Urban Development and Planning Patrick Analo, who is accused of abuse of office and neglect of duty.

The ODPP said the decision was made after reviewing evidence from the Directorate of Criminal Investigations and confirmed that “there is sufficient evidence of conviction to warrant the prosecution of several suspects connected to the incident.”