The government has warned that the architect behind the collapsed South C building in Nairobi risks deregistration if investigations establish criminal culpability.
Speaking at the scene on Monday, January 5, Lands and Housing Cabinet Secretary Alice Wahome said the ministry would not hesitate to take firm action against professionals found to have violated the law, including striking them off the professional register.
Wahome revealed that although the developer had been licensed to construct the building, the project grossly violated approved plans, ultimately leading to the deadly collapse.
According to the CS, the building had been approved for only 12 storeys by the relevant authorities within her ministry. However, developers illegally added four extra floors, pushing the structure to 16 storeys.
She stated that during the construction, quality assurance inspections were conducted as required, citing the dates of each inspection. Wahome noted that the inspections confirmed the construction had reached only the third floor.
"At the time of the incident, the project was non-compliant on four additional floors that were never approved. That is the beginning of the problem, and our investigations will start from that point," Wahome stated.
The CS warned that professionals who enabled the illegal construction would be held individually accountable, including architects, contractors, and inspectors.
She added that her ministry was working closely with other relevant agencies and professional bodies in a multi-sectoral team to establish how the violations occurred and who was responsible.
Her remarks came amid claims by Nairobi Governor Johnson Sakaja that the county government had repeatedly flagged the building for non-compliance, but developers ignored enforcement notices and continued construction.
Sakaja called for county governments to be granted prosecutorial powers to directly sue developers who violate construction laws, noting that such authority currently lies with the Office of the Director of Public Prosecutions (ODPP).
The governor further accused the ODPP of refusing to press charges on the developers even after the county government sought prosecution.
The building collapsed on Friday, January 2, killing two people. One body has been recovered, while rescue teams continue searching for another victim trapped in the building.
Following the collapse, ODPP ordered the Inspector General of police to investigate the collapse and submit a comprehensive report within seven days. ODPP also reaffirmed its commitment to the rule of law and assured that all parties that enabled the disaster are held responsible, upon completion of the investigations.
"The DPP has directed the IGP to record statements from all relevant persons, including the developer and the contractor, and the persons responsible for the relevant building and construction approvals, inspections, and enforcement, and forward the resultant file for perusal and action within 7 days from the date hereof," DPP stated in a statement on Sunday, January 4.
