Sakaja Proposes 2 Legal Reforms to Address Unsafe Buildings in Nairobi

Nairobi Governor Johnson Sakaja has proposed two legislative reforms aimed at addressing unsafe buildings in the capital.

Sakaja made the proposals on Tuesday, October 13, when he appeared before the Senate Standing Committee on Roads, Transportation and Housing to discuss the regulation of developments in Nairobi.

"Today, I appeared before the Senate Standing Committee on Roads, Transportation and Housing to discuss the regulation of developments in Nairobi. I called on the Senate to consider two key legislative interventions to strengthen building safety and developer accountability," he wrote.

According to Sakaja, the first proposal seeks to increase penalties for developers who disregard approved building plans and construction regulations. 

He argued that the existing fines might not be sufficient to discourage violations, particularly where developers are undertaking projects worth billions of shillings.

Under the Physical and Land Use Planning Act, 2019, the maximum fine for commencing development without permission is Ksh500,000, alongside possible imprisonment.

"First, we need tougher penalties for developers who violate approved building plans and construction regulations. 

"Under the Physical and Land Use Planning Act, 2019, the current maximum fine for commencing development without permission is Ksh500,000, alongside possible imprisonment. For projects worth billions of shillings, such penalties may not be a sufficient deterrent," he added.

Sakaja's second proposed reform focuses on strengthening the enforcement capacity of county governments by reviewing the legal framework governing the prosecution of construction-related offences.

He argued that appropriately authorised county officers should be allowed to play a greater role in prosecuting such cases, potentially improving the enforcement of building regulations and accountability for violations.

"Second, we need to strengthen the enforcement capacity of county governments by reviewing the legal framework to allow appropriately authorised county officers to play a greater role in prosecuting construction-related offences," he further said.

Sakaja said Nairobi County requires developers to sign indemnity forms to affirm their responsibility, but some still depart from approved plans, creating risks for residents and property owners.

"As a county, we require developers to sign indemnity forms affirming their responsibility for construction quality and compliance with approved standards. However, some developers deviate from approved plans once construction begins, putting lives and property at risk," he noted.

Sakaja said the proposed reforms were intended to protect Nairobi residents and ensure that construction projects comply with the required standards.

"Developers must be held accountable, and penalties must be strong enough to deter violations. I have urged the Senate to consider these legislative reforms because building safety is not negotiable. Our priority is to protect Nairobi residents and ensure that every development complies with the required standards," he concluded.

This comes days after Sakaja confirmed that the County Government had begun evacuating a section of residents living along Naivasha Road ahead of the El Niño rainfall. 

In a statement on Monday, September 28, he confirmed that the County had already identified flood-prone areas and urged agencies to prioritise the hotspots as they implement mitigation measures.

Sakaja further directed that residents living along major rivers and on riparian land be moved from high-risk areas, saying the exercise was necessary to protect lives.

He explained that many residents had already moved voluntarily, while those who remained in dangerous areas would be required to relocate as authorities intensify enforcement.

"Sakaja said the County and its partners would continue evacuating residents living in high-risk areas along the Mathare, Ngong and Nairobi rivers.

"He cited ongoing interventions along Naivasha Road as an example of coordinated action, where authorities are working with residents to facilitate the evacuation of people from vulnerable areas while clearing blocked waterways and drainage channels," he said.

Sakaja confirmed that the coordination of preparation and rescue missions will be done within the six boroughs to facilitate faster response at the local level.

He urged the National Government Administrative Officers (NGAO), National Police Service (NPS), Green Nairobi, Disaster Management teams, KURA, KeNHA, Kenya Red Cross, and Nairobi Boroughs to provide one representative so that all the agencies can work under a unified command structure to coordinate operations, share reports and ensure residents receive timely updates.