The DPP has ordered an investigation into the Eastleigh building collapse.
The DPP has directed the DCI to investigate the collapse, saying Nairobi County never submitted an inquiry file for prosecutorial review.
The Director of Public Prosecutions has denied receiving a county inquiry file concerning the Eastleigh building collapse. The DPP has also directed the Directorate of Criminal Investigations to investigate the circumstances surrounding the disaster.
In an October 26 statement, the prosecution office said Nairobi County had never submitted such a file for review. The clarification covered alleged misconduct by the developer, construction professionals or county officials.
The statement comes amid a dispute over construction approvals and City Hall’s enforcement action before the collapse.
Eastleigh building collapse investigation ordered
The DPP invoked Article 157(4) of the Constitution to order a comprehensive investigation into the collapse. Investigators will examine possible acts or omissions by county officials, the developer, contractors and other construction professionals.
The inquiry will cover planning, approvals, supervision and construction to establish whether anyone’s conduct contributed to the disaster. Afterwards, the prosecution office will independently review the findings and issue further directions.
The ODPP said it would prosecute anyone against whom sufficient evidence establishes criminal responsibility, regardless of status. However, its statement did not establish criminal responsibility for any individual or institution.
The office also expressed sympathy for those injured and people who lost property. It warned developers, contractors, professionals and public officials against ignoring building regulations and safety standards.
Sakaja questions approvals and suspects’ release
Meanwhile, Nairobi Governor Johnson Sakaja maintains that City Hall did not approve architectural plans for the high-rise project. He said the county only approved a change of user in October 2024, allowing mixed residential and commercial use.
Sakaja argues that changing a property’s permitted use does not authorise construction. He also claims county officers took enforcement action and arrested suspects over alleged planning violations before the collapse.
On Sunday, the governor sought an explanation from Kamukunji Police Station over the reported release of suspects. He questioned claims that some secured release on Sh50,000 cash bail without appearing in court.
Sakaja has argued that counties depend on national investigative and prosecution agencies because they lack certain prosecutorial powers. However, the ODPP distinguished reported document referrals to investigators from formal submission of an inquiry file to prosecutors.
Developer and contractor identified
The National Construction Authority identified 9th Street Plaza Limited as the developer and Stromax Holdings E.A. Limited as the contractor. Its records also list professionals associated with the project.
However, appearing in project records does not establish responsibility for the collapse. Police separately said their investigation would examine the owner’s role and those involved in authorising or overseeing construction.
