By Abdimalik Hajir - Reporter
Kenya ,July 8, 2026 - The Office of the Director of Public Prosecutions is firmly committed to addressing construction-related offences, including illegal developments, non-compliance with building standards, public safety violations, and the increasing incidence of collapsed buildings, Director Renson Ingonga has said.
The DPP made the remarks during a bilateral meeting with the leadership of the National Construction Authority (NCA), led by Board Chairperson Ms. Mercy Okiro, FCIArb, held today at the ODPP headquarters.
The meeting provided an opportunity for the two institutions to strengthen collaboration on the referral, investigation, and prosecution of offences arising from breaches of construction laws and regulations.
Among the issues discussed were illegal and unsafe construction, professional negligence, fraudulent approvals, abuse of office, environmental offences, and criminal liability arising from deaths or injuries linked to construction activities.
The two institutions also explored the establishment of a structured referral and escalation framework for complaints and advisory files requiring prosecution-guided investigations.
They further agreed to enhance coordination among the ODPP, NCA, investigative agencies, county governments, and other regulators, while undertaking joint capacity-building programmes for prosecutors and NCA enforcement officers.
Speaking during the meeting, the DPP underscored the importance of inter-agency collaboration in protecting lives and promoting accountability within the construction sector.
"The safety of Kenyans must remain paramount. As the country continues to experience incidents of collapsed buildings and unsafe developments, it is imperative that regulatory breaches attracting criminal liability are investigated thoroughly and prosecuted effectively. This partnership will enhance our capacity to hold offenders accountable while promoting compliance with the law," he said.
The DPP further reaffirmed the ODPP's commitment to prosecution-guided investigations and continuous capacity-building for prosecutors handling technically complex construction-related offences.
"Effective prosecution depends on well-investigated cases supported by sound evidence. Through joint training and a structured referral framework, we will improve the quality of investigations and ensure that criminal conduct within the construction sector is addressed decisively," he added.
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NCA Board Chairperson Mercy Okiro welcomed the partnership, noting that closer collaboration with the ODPP would strengthen enforcement of construction laws and improve public safety.
"The National Construction Authority is committed to ensuring that all construction projects comply with the law and prescribed standards. By working closely with the ODPP, we will strengthen enforcement mechanisms and ensure that individuals whose actions endanger lives through illegal or unsafe construction practices are held accountable," she said.
Okiro added that the collaboration would enhance the quality of investigation files submitted for prosecution through targeted training for NCA enforcement officers and investigators.
"This collaboration will enable our officers to better understand evidential requirements and prepare investigation files that meet the ODPP's Decision to Charge Guidelines. Ultimately, this will contribute to a safer, more compliant, and professional construction industry," she added.
Kenya has continued to experience cases of collapsed buildings, unsafe structures, and non-compliant developments, raising concerns over regulatory compliance and criminal accountability in cases involving forged documents, irregular approvals, disobedience of stop orders, negligence, and fraudulent conduct.
Under the National Construction Authority Regulations, all public and private construction projects must be registered before commencement. The Authority is mandated to issue compliance certificates, investigate breaches, suspend contractors, recommend sanctions, and halt construction works where necessary to safeguard the public interest.
The meeting resolved to pursue several joint initiatives, including the development of a Referral and Escalation Framework for construction-related matters disclosing possible criminal conduct, specialised training for prosecutors on technical and regulatory aspects of construction offences, and prosecution-guided training for NCA enforcement officers and investigators.
Established under Section 3(1) of the National Construction Authority Act, No. 41 of 2011, the NCA is mandated to oversee and coordinate the development of Kenya's construction industry. Its functions include promoting quality assurance, enforcing the Building Code, registering and regulating contractors, accrediting skilled construction workers and site supervisors, coordinating training programmes, and developing a code of conduct for the sector.