ODPP orders DCI probe into Eastleigh building collapse, warns of prosecution

The Office of the Director of Public Prosecutions (ODPP) has directed the Directorate of Criminal Investigations (DCI) to investigate the collapse of a multi-storey building in Eastleigh, Nairobi, to establish whether criminal wrongdoing contributed to the incident.

In a statement dated October 26, the ODPP said the investigation would examine the role of the private developer, contractors, construction professionals and Nairobi City County officials involved in the planning, approval, supervision and construction of the building.

The Director of Public Prosecutions (DPP) clarified that the county government had not forwarded any inquiry file relating to possible malpractices in the construction of the building for review and directions before the collapse.

“In view of the gravity of the incident and the need to establish the circumstances surrounding the collapse, the DPP has, pursuant to Article 157(4) of the Constitution of Kenya, directed the Director of Criminal Investigations (DCI) to conduct thorough investigations into the matter,” the statement said.

The investigations will establish whether any act or omission by county officials, the developer, contractors or other professionals contributed to the collapse, which reportedly caused injuries, property damage and left people missing.

The ODPP said the DCI would forward the inquiry file to prosecutors upon completion of the investigations for independent review and appropriate directions.

“Where sufficient evidence establishes criminal culpability, the ODPP shall take the necessary prosecutorial action against any persons found responsible, irrespective of their position or status,” the statement added.

The DPP also conveyed sympathies to those injured and people who lost property in the incident, warning developers, contractors, construction professionals and public officials against disregarding building regulations, safety standards and statutory approval requirements.

“Any conduct that amounts to a criminal offence shall be dealt with in accordance with the law,” the ODPP said, reaffirming its commitment to accountability and the independent discharge of its constitutional mandate.

The investigation follows renewed scrutiny of construction safety and regulatory oversight in Nairobi after the building collapsed along 9th Street in Eastleigh on Friday, October 23.

Four people had been rescued and taken to hospital by October 26, while search-and-rescue operations continued.

The number of people still missing remained unclear, with authorities initially reporting seven missing, while the Kenya Red Cross received a higher number of reports that required verification.

The collapse has raised questions about building approvals and enforcement, with the ODPP’s investigation expected to establish whether any party should face criminal charges.