Nominated Senator Karen Nyamu is pushing for legislative amendments to empower county governments to prosecute developers who violate building regulations, following the collapse of a 12-storey building in Eastleigh, Nairobi, on October 23, 2026.
The tragedy has since claimed one life while search and rescue operations continue.
Speaking in Nairobi on Friday, Nyamu said counties should have greater authority to enforce their laws and bylaws, arguing that the current system creates gaps that allow suspected offenders to escape prosecution.
She cited Article 157 of the Constitution, which allows Parliament to enact legislation granting prosecutorial powers to authorities other than the Director of Public Prosecutions.
“As a Senate, we are charged to protect devolution, and we are going to have now to give prosecutorial powers to county governments, so that they have the power to prosecute,” Nyamu said.
She also cited concerns raised by Nairobi Governor Johnson Sakaja, who has called for tougher penalties against developers who breach construction regulations and renewed calls for counties to regain prosecutorial powers.
Sakaja has argued that weak penalties undermine enforcement and allow developers to disregard approved building plans and safety standards.
He has also urged professional bodies representing architects, engineers and quantity surveyors to investigate cases where qualified professionals are removed from construction projects before completion.
Meanwhile, Nyamu dismissed claims that the height of buildings was responsible for structural failures, saying the focus should instead be on violations of construction laws and corruption.
“We cannot claim that the number of floors upwards is the reason why houses are coming down. It has nothing to do with the number of floors. It has everything to do with breaking the law, corruption,” she said.
The proposed changes would require legislative action before county governments can exercise additional prosecutorial powers.