Office of the Director of Public Prosecutions (ODPP) has revealed that no inquiry file concerning possible wrongdoing in the Eastleigh building collapse had been forwarded by Nairobi County.
In a statement dated Monday, October 26, 2026, ODPP said it had not received any file from the county concerning the developer or officials involved in the construction.
"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," ODPP stated.
The office clarified that the file would have enabled prosecutors to review allegations of misconduct involving the private developer, construction professionals or Nairobi City County Government officials.
Nairobi Governor Johnsohn Sakaja holding talks with a section Grogon Garage Mechanics regarding the relocation of the market to pave the way for the Nairobi River Basin Regeneration Programme (NaBREP) on July 28.
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Johnson Sakaja
The revelation comes amid renewed scrutiny of building regulations and county enforcement following the collapse, which reportedly caused injuries, property damage and missing persons in Eastleigh.
However, through documents seen by Kenyans.co.ke, Nairobi Governor Johnson Sakaja had written to the ODPP on April 16, 2026, raising concerns about difficulties the county faced prosecuting offences arising from breaches of county laws.
In the letter, Sakaja said enforcement had weakened since the gazettement of special prosecutors was revoked in early 2024, alleging that county-related charge sheets were being declined, delayed or dismissed.
The governor asked ODPP to gazette special county prosecutors, review charging guidelines and consider six county-nominated officers to support the handling of charge sheets arising from county offences.
"I write to bring to your attention the challenges Nairobi City County Government has been encountering in the prosecution of matters arising from breach of county laws. To address these challenges and restore effective enforcement, we kindly request gazettement of Special County Prosecutors to enhance efficiency in prosecuting county offenses, we request the formal gazettement of county prosecutors to handle matters arising from breach of laws implemented by the County," stated the document in part.
The nominees were advocates Margaret Mutsili, Pamela Awino Joel, Metrin Mmboga Esialia, Juliet Ajiwang and Caroline Kamau, alongside paralegal Amos Gitahi, whose approval Sakaja requested.
Sakaja linked the prosecution challenges to public nuisances, unregulated businesses, illegal dumping, licensing violations and breaches of the Building Code and Physical and Land Use Planning Act, 2019.
ODPP has since directed the Directorate of Criminal Investigations (DCI) to investigate the Eastleigh building collapse under Article 157(4) of the Constitution.
Afterwards, investigators will examine the roles of county officials, the developer, contractors and construction professionals, with DCI expected to submit its findings to ODPP for review and possible prosecution.
Aftermath of the Eastleigh building collapse in Nairobi on October 23, 2026.
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Kenya Red Cross