Nairobi Governor Johnson Sakaja wants developers who disregard approved building plans to face heavier fines and tougher legal action, warning that the existing penalties may be too small to stop violations, even on projects valued at billions of shillings.
Sakaja has asked the Senate to review the laws governing construction and give county governments stronger enforcement powers, arguing that developers should not be allowed to treat fines for breaking building regulations as an ordinary cost of doing business.
The governor made the appeal while appearing before the Senate Standing Committee on Roads, Transportation and Housing on Tuesday, where he addressed concerns surrounding unregulated developments and the challenges counties face in ensuring compliance with construction standards.
At the centre of his proposal is Section 57 of the Physical and Land Use Planning Act, 2019, which sets the maximum fine for starting development without the required permission at Sh500,000. The law also provides for imprisonment of up to two months, or both the fine and jail term.
Sakaja argued that the penalty may carry little weight for developers handling high-value projects, allowing some to risk violating the law in the hope of avoiding detection or facing a relatively small financial consequence if caught.
“The challenge is that some developers may consider these penalties insignificant compared with the value of their projects. Someone undertaking a development worth Ksh.2 billion may be willing to risk paying Ksh.500,000 if caught,” Sakaja said.
He urged senators to consider amendments that would make the consequences of violating building regulations more serious and discourage developers from proceeding with unauthorised work.
“We need to review the law and introduce tougher, more effective penalties that will make developers think twice before violating construction regulations. Compliance must be the priority, not treating fines as an ordinary business expense,” he said.
Beyond the level of punishment, Sakaja raised concerns about developers who fail to follow approved designs after obtaining the necessary clearance from the county government.
He said Nairobi County follows the required procedures when examining and approving building plans. Developers are also required to sign indemnity forms accepting responsibility for the quality of their construction work and compliance with approved standards.
However, the governor warned that approval does not always translate into compliance once work begins, with some developers allegedly changing their designs and adopting construction methods that depart from the approved plans.
“However, some developers take advantage of the system. Once their plans are approved, they deviate from the approved designs and use their own methods of construction, disregarding the required standards,” he said.
Sakaja maintained that developers remain responsible for the safety and quality of their buildings, even after receiving approval from the county. He said the approval process does not transfer that responsibility to the county government or excuse developers from meeting the required construction standards.
He also called for a review of the laws governing the prosecution of construction-related offences, saying counties need more effective ways to pursue cases against those who break building regulations.
According to the governor, county governments can identify violations and take enforcement measures within the limits of their legal authority. However, the prosecution of offences is handled through the national justice system, involving the police and the Office of the Director of Public Prosecutions.
Sakaja said this arrangement restricts the role counties can play in taking legal action against developers who fail to comply with the rules.
“Secondly, counties face limitations in enforcing these laws because we do not have independent prosecutorial powers,” he said.
He asked the Senate to consider whether authorised county officers could be given a greater role in prosecuting relevant offences, subject to the law and safeguards to ensure the powers are properly exercised.
“While this is the current legal framework, we believe there is a need to examine how counties can be empowered to enforce construction regulations more effectively, including whether appropriately authorised county officers should have a greater role in prosecuting relevant offences,” Sakaja said.
The governor argued that increasing penalties alone would not be enough without giving county governments effective means of enforcing the law. He said stronger legal powers and more substantial fines would help compel developers to stick to approved designs and observe construction requirements.
He further stressed that indemnity forms signed during the approval process serve to clarify developers' responsibility for the quality of their work but do not replace their legal duties or limit the county's authority to enforce building regulations.
Sakaja's appeal now places the spotlight on the Senate's role in reviewing the legal framework for construction oversight, with the proposed changes aimed at improving compliance, strengthening accountability among developers and protecting residents from buildings that fail to meet required safety standards.