Government admits cities growing faster than planning systems

Kenya’s fast-growing towns are stretching planning and infrastructure systems, with Government officials telling Parliament that control of buildings, drainage, and urban expansion is struggling to keep up with the speed of development.

Appearing before the National Assembly on behalf of the Ministry of Lands, Public Works, Housing and Urban Development, Kuresoi South MP Joseph Tonui said enforcement systems are under pressure due to rapid growth, limited funding, and weak coordination between agencies.

“The Government recognises that rapid urbanisation has outpaced infrastructure development,” Tonui told the House.

The issue was raised by Baringo Central MP Joshua Kandie, who questioned the spread of high-rise buildings and their impact on safety, the environment, and services.

Tonui said rising construction activity is straining drainage, sewerage, and planning systems, leading to stricter approval rules under the National Building Code, 2024.

“The Building Code, 2024 requires all developments to demonstrate adequate provision for drainage, sewerage and storm water management prior to approval,” he said.

He added that agencies are now working together, including environmental regulators, water providers, and county governments, to enforce compliance before approval.

Tonui warned that developers who ignore rules face action.

“Developments encroaching on riparian land or lacking adequate drainage systems are flagged through the Multi-Sectoral Committee on unsafe structures. Inspection for enforcement action includes the stoppage or demolition,” he stated.

The admission comes amid rising cases of flooding, unsafe buildings, and construction in protected areas.

Inspections in Nairobi, Mombasa, Kisumu, Nakuru, and Kilifi have found widespread violations.

“The audits have identified unsafe buildings, non-compliance with approved plans and developments in environmentally sensitive areas,” Tonui said.

A multi-agency system involving the National Building Inspectorate, county governments, NEMA, and the National Construction Authority is now handling enforcement.

“The National Building Inspectorate and the State Department for Public Works coordinate and act as the Secretariat of the Multi-Sectoral Committee on unsafe structures. Through this framework, joint inspections and enforcement actions have been undertaken in major urban centres,” he said.

The National Construction Authority has also stepped up site inspections.

“The Authority has been carrying regular inspections of ongoing construction and issuing the necessary guidance such as stop orders or remedial action notices where required,” Tonui said.

The National Building Code, 2024, which took effect on March 31, 2025, now guides construction standards.

“The Code provides updated standards for design, construction, safety, drainage and environmental compliance for all buildings within the country,” he said.

Public awareness programmes have also been rolled out for developers and county officials.

The Government has acted on high-risk projects flagged by NEMA, especially those on riparian land and flood zones.

“The State Department has reviewed and acted upon a list of high-risk projects outlawed by NEMA, particularly those affecting riparian reserves and flood-prone areas,” Tonui told MPs.

Courts have also directed counties, including Nairobi City County, to enforce planning rules on high-rise buildings.

However, Tonui said enforcement is still limited by funding gaps and capacity challenges.

“Inadequate budgetary allocations limit the capacity to conduct widespread inspections through the National Building Inspectorate, while rapid urbanisation is outpacing institutional capacity at both national and county levels,” he noted.

To improve coordination, the State Department is developing an Integrated National E-Building Management System to digitise approvals and inspections.

“The system is intended to provide real-time visibility of building approvals and inspections, enhance coordination between national and county agencies, and improve compliance monitoring and enforcement,” he said.

A new Building Act is also being drafted to streamline regulation and clarify roles between levels of government.

“The State Department is currently developing a Building Act, which will strengthen the legal framework for building control, clarify roles between the national Government and county governments and ensure enforcement mechanisms,” Tonui said.

He said ongoing reforms aim to improve safety and planning in urban areas.

“The Government has taken significant steps to strengthen oversight of high-rise building construction through regulatory reforms, enforcement and inter-agency coordination. However, addressing the challenges of urban planning, drainage and sewerage requires sustained investment, stronger enforcement frameworks and enhanced coordination between the national Government and county governments,” he said.