ODPP Explains Why Collapsed Eastleigh Building Had Not Been Investigated by Its Office

The Office of the Director of Public Prosecutions (ODPP) has explained why it had not investigated the construction of a multi-storey building that collapsed in Eastleigh, Nairobi.

In a statement on Monday, October 26, the ODPP clarified that it had not received a file concerning alleged misconduct by the private developer, construction professionals or county government officials involved in the project.

"The Director of Public Prosecutions (DPP) wishes to clarify that, as of the date of this statement, no inquiry file relating to the construction of the building has ever been forwarded to the Office by the Nairobi City County Government regarding malfeasance by the private developer, professionals or county government officials for Perusal and Directions," the statement read.

Following the incident, the ODPP said the Director of Public Prosecutions had directed the Directorate of Criminal Investigations (DCI) to investigate the collapse and establish what led to the building's failure.

"In view of the gravity of the incident and the need to establish the circumstances surrounding the collapse, the DPP has, pursuant to Article 157(4) of the Constitution of Kenya, directed the Director of Criminal Investigations (DCI) to conduct thorough investigations into the matter," the statement added.

The ODPP said the investigations will examine the roles played by the different parties involved in the building's development, including county officials responsible for approvals and supervision, as well as the developer, contractors and other construction professionals.

"The investigations shall establish the circumstances that led to the collapse, including whether there was any act or omission by officials of the Nairobi City County Government, the private developer, contractors or other professionals involved in the Planning, Approval, Supervision and Construction of the building that may have contributed to the incident," the statement further read.

The ODPP said the DCI would submit its findings for independent review once the investigations were complete, after which the prosecution office would determine the appropriate legal action based on the available evidence.

"Upon completion of the investigations, the DCI shall forward the resultant inquiry file to the ODPP for independent review and appropriate directions in accordance with the Constitution and the law. Where sufficient evidence establishes criminal culpability, the ODPP shall take the necessary prosecutorial action against any persons found responsible, irrespective of their position or status," the statement noted.

The DPP also expressed sympathy for those affected by the collapse and warned developers, contractors, construction professionals and public officials against violating building regulations and safety requirements.

"The DPP conveys his sympathies to those injured and to all persons who have suffered loss of property as a result of the incident. He further cautions developers, contractors, construction professionals and relevant public officials against disregarding building regulations, safety standards and statutory approval requirements. 

"Any conduct that amounts to a criminal offence shall be dealt with in accordance with the law," the statement concluded.

Elsewhere, in a statement on Sunday, October 25, Nairobi Governor Johnson Sakaja explained why the multi-storey building that collapsed in Eastleigh had no development approval, accusing the developer of proceeding with construction despite enforcement action by the county government.

In a statement on Sunday, October 25, Sakaja disputed claims that the development had been approved, saying a document being circulated to support the allegations was fake and had allegedly been used by the developer to obtain approval from the National Construction Authority (NCA).

"I have seen some people peddling a fake approval document alleging that the Eastleigh development was approved. It is telling that this is the same document that the Eastleigh developer used to get NCA approval. They allege that the development was approved in January of 2024. This is not true," he wrote.

Sakaja said the dates on the development application contradicted claims that the project had been approved earlier in 2024. 

He also clarified that approval to change the property's use did not amount to permission to undertake the construction.

"The application for development as shown below was made in November of 2024, it could not have been approved in February of the same year. Also, there is a difference between a change of user approval and a development approval," he added.

According to Sakaja, the developer had initially applied in August 2024 to change the property's use from residential to a combination of residential and commercial purposes. 

The county approved the change of user in October 2024, but did not grant development approval for the construction.

Sakaja maintained that the developer proceeded with the project without the required building approvals, despite repeated attempts by county officials to enforce compliance.

"Development approval has never been granted. The developer went on to build with impunity and without building approvals despite enforcement action by the county and arrests," he further said.

Sakaja said county officials had taken enforcement action against the developer several times, with the most recent incident occurring in July after the developer allegedly failed to comply with an enforcement order. 

He said the suspects were arrested but released on bail the same day.

"Enforcement action and arrests were made severally by the county officials and most recently in July after failing to comply with the enforcement order below. However the suspects were released on a 50k bail at Kamukunji police on the very same day," he noted.

Sakaja also criticised the handling of cases involving alleged violations of county construction regulations, saying the county had repeatedly encountered difficulties pursuing prosecutions.