The government has initiated a major overhaul of the country’s construction laws, aiming to impose stricter penalties and enhance safety standards following a spate of building collapses over the past two years.
Lands Cabinet Secretary Alice Wahome, on Wednesday, March 26, launched a committee to review the National Construction Authority (NCA) Act (2011) and NCA Regulations (2014), signalling a push for tighter regulation in an industry plagued by non-compliance and structural failures.
The move comes as authorities seek to prevent further tragedies, with multiple incidents of collapsing buildings having claimed lives and raised concerns over weak enforcement.
The review seeks to strengthen the legal framework governing construction, ensuring alignment with the Kenyan Constitution while adopting international best practices.
Key among the proposed changes is the introduction of harsher penalties for violations, including heavy fines and potential criminal liability for contractors and developers found guilty of cutting corners.
The government hopes these measures will deter malpractice and improve compliance with safety standards, particularly after several high-profile collapses exposed systemic failures in oversight.
In recent years, Kenya has witnessed a disturbing trend of building failures, with at least six major collapses reported since 2023. These incidents have been attributed to poor workmanship, substandard materials, and lax enforcement of existing regulations.
The new measures aim to address these issues by mandating stricter quality assurance inspections and reinforcing accountability across the construction chain. The revised Building Code, which came into effect on March 1, 2025, already enforces mandatory technical inspections, but the proposed legal changes will further tighten compliance.
One of the central objectives of the review is to curb the proliferation of unlicensed contractors, a persistent problem that has contributed to unsafe construction. The updated NCA Act will impose rigorous licensing requirements, ensuring only qualified professionals undertake building projects.
Additionally, the reforms will streamline coordination between national and county governments, closing existing policy gaps that have allowed substandard developments to proceed unchecked.
The committee’s work will focus on enhancing oversight mechanisms, including real-time monitoring of construction sites and stricter vetting of architectural plans before approval. These steps are expected to prevent the kind of design flaws and material weaknesses that have led to past disasters.
The government has also pledged to increase public awareness campaigns, ensuring that developers and homeowners understand their legal obligations under the new regime.
Under the proposed changes, developers found guilty of negligence leading to fatalities could face manslaughter charges, marking a significant escalation in legal consequences.
The government has also vowed to blacklist firms with a history of violations, barring them from future projects. These measures are designed to create a stronger deterrent against malpractice while ensuring that victims of construction failures receive justice.
