NAIROBI, Kenya Oct 26 – The Director of Public Prosecutions (DPP) has denied receiving an inquiry file from Nairobi City County over alleged wrongdoing in the construction of the Eastleigh building that collapsed, directing the Directorate of Criminal Investigations (DCI) to investigate the tragedy.
In a statement dated Monday, October 26, the Office of the Director of Public Prosecutions (ODPP) said the county government had never forwarded a file concerning possible misconduct by the developer, construction professionals or county officials for review and directions.
The clarification comes amid a public dispute over the approvals granted for the multi-storey building and the enforcement action taken by City Hall before the structure collapsed.
“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 ODPP said.
The DPP has now invoked Article 157(4) of the Constitution to direct the DCI to conduct comprehensive investigations into the circumstances surrounding the collapse.
The probe will examine whether any acts or omissions by Nairobi County officials, the developer, contractors or other professionals involved in planning, approving, supervising and constructing the building contributed to the disaster.
The ODPP said the findings would be submitted to the prosecution office for independent review and further directions.
“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 added.
The office also expressed sympathy for those injured and people who lost property in the collapse, warning developers, contractors, construction professionals and public officials against disregarding building regulations and safety standards.
The directive comes as questions mount over how construction proceeded on the Eastleigh building despite claims by Nairobi Governor Johnson Sakaja that the county had not approved the architectural plans required to authorise its construction.
Sakaja has maintained that City Hall approved a change of user for the property from residential to mixed residential and commercial use in October 2024 but did not approve the subsequent architectural plans submitted for the proposed high-rise development.
The governor has said the distinction is crucial because approval to change a property’s use does not amount to permission to construct a building.
He has also claimed that county officers took enforcement action against the development and arrested suspects over alleged violations of planning regulations before the collapse.
On Sunday, Sakaja questioned the reported release of suspects who had been arrested over the project, demanding an explanation from Kamukunji Police Station over claims that some were freed on Sh50,000 cash bail without being presented in court. According to reports, police records showed that 14 suspects were booked into custody in June, while a separate entry recorded the release of 10 suspects. The circumstances surrounding their release remain subject to scrutiny.
The governor has argued that counties lack the prosecutorial powers needed to pursue certain planning and construction offences directly, leaving them dependent on national investigative and prosecution agencies after making arrests.
However, the ODPP’s latest statement draws a distinction between the county’s reported referral of documents to investigative agencies and the formal submission of an inquiry file to prosecutors for review and directions.
The DPP’s statement does not establish whether any individual or institution was criminally responsible for the collapse. That determination will depend on the outcome of the investigations and the evidence gathered.
The incident has renewed scrutiny of building approvals, professional oversight and the enforcement of construction regulations in Nairobi, where concerns have repeatedly been raised over developments that proceed despite alleged breaches of planning requirements.
The National Construction Authority has identified 9th Street Plaza Limited as the developer and Stromax Holdings E.A. Limited as the contractor for the project. The authority’s records also list the professionals associated with the development, whose roles may come under scrutiny as investigations proceed. Identification in project records does not, by itself, establish responsibility for the collapse.
Police have separately said investigations will examine the role of the building’s owner and those involved in authorising or overseeing its construction, with charges possible if criminal negligence is established.
The ODPP reiterated that it would work with relevant investigative agencies to ensure that cases meeting the threshold for prosecution are handled in accordance with the Constitution and the law.
The investigations are expected to establish the circumstances that led to the collapse and determine whether any individual or institution should face criminal or other legal consequences.