By Brian Kiprono - Reporter
Kenya, 5 January 2026 - Nairobi Governor Johnson Sakaja has renewed his call for county governments to be granted prosecutorial powers, arguing that the absence of such authority has left local administrations unable to stop dangerous construction practices, even after repeated enforcement actions.
Speaking on Sunday after visiting the site of a collapsed 14-storey building in South C, Sakaja said counties routinely identify and act against illegal developments, only for cases to stall once they reach the prosecution stage.
“Counties can issue stop orders, make arrests and take enforcement action, but once matters go to court, the process often stalls. If we are serious about protecting lives, counties must be granted prosecutorial powers to decisively deal with developers who violate building regulations,” Sakaja said.
The Governor maintained that restoring limited prosecutorial authority to counties would close enforcement gaps that allow non-compliant developers to continue building despite clear violations. He said the South C disaster was a painful example of systemic failure rather than an unforeseeable accident.
“This building did not collapse out of nowhere. It had been flagged multiple times by our enforcement teams, and the tragedy we are witnessing today is the result of laws that are not followed through to their conclusion,” he added.
Sakaja conveyed condolences to families affected by the collapse and assured them that investigations were ongoing. At least two people were believed to be trapped beneath the debris following the early morning “pancake” collapse on January 2, 2026.
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County officials say the building, located at Plot No. 209/5909/10 along Kiganjo Muhoho Avenue in South C Ward, had a history of serious infractions. Records show enforcement operations at the site in May, July and December 8, 2025, during which several arrests were made for breaching approved construction standards.
City Hall has blamed the Office of the Director of Public Prosecutions (ODPP) for declining to prefer charges, a move that allegedly allowed construction to continue despite repeated warnings.
The Governor also raised concerns about professional misconduct, noting that some developers initially present qualified architects and engineers, only to replace them later with cheaper, unqualified personnel. Such practices, he said, often result in unsafe structures.
These concerns were previously outlined in a 1 December 2023 letter from the county’s Department of Urban Development and Planning to professional bodies, citing negligence, misrepresentation and failure to comply with statutory inspections.
Following the collapse, emergency teams from Nairobi City County, the National Youth Service, the Kenya Defence Forces Disaster Response Battalion and the Nairobi Fire Brigade were deployed, with a multi-agency command centre set up to coordinate rescue and debris removal efforts.
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