The Director of Public Prosecutions (DPP) has directed the Directorate of Criminal Investigations (DCI) to investigate the collapse of a multi-storey building in Eastleigh, Nairobi, after four people were rescued alive and questions emerged over construction approvals and regulatory oversight.
In a statement dated Monday, October 26, the Office of the Director of Public Prosecutions (ODPP) said investigators would establish whether actions or omissions by Nairobi City County officials, the developer, contractors or construction professionals contributed to the collapse. The office warned that anyone found criminally responsible could face prosecution if sufficient evidence is established.
The building, which was under construction along 9th Street in Eastleigh, collapsed on Friday, October 23, triggering a multi-agency search-and-rescue operation. Emergency teams worked through the rubble to locate people feared trapped inside, while families gathered at the scene seeking information about missing relatives.
Four survivors had been rescued by the latest updates published over the weekend. Earlier, the Kenya Red Cross confirmed that two injured people had been taken to Kenyatta National Hospital, while subsequent reports documented additional survivors being pulled from the debris.
The number of people reported missing changed as authorities and rescue teams continued accounting for those who might have been inside the building.
The DPP’s directive comes amid scrutiny of the property’s approval history and the responsibilities of officials charged with enforcing construction regulations. The ODPP said that, as of the date of its statement, Nairobi City County Government had not forwarded an inquiry file concerning possible wrongdoing in the building’s construction for review and directions.
Nairobi Governor Johnson Sakaja has offered explanations about the approval process, saying the county had approved a change of use for the property but had not approved the architectural plans required for construction.
Earlier remarks by the governor also raised questions about the building’s occupation certificate, which is required before premises can lawfully be occupied.
The National Construction Authority (NCA) confirmed that the proposed development was registered on July 30, 2025. Its records identified 9th Street Plaza Limited as the developer and Stromax Holdings E.A Limited as the contractor, with Emmanuel Mwangi Maina listed as the project architect and Joseph Muturi Mugu as the structural engineer.
The registration details do not, on their own, establish whether the building complied with all applicable requirements or what caused it to collapse.
The controversy has also revived questions about earlier enforcement action.
According to reporting published on Monday, Sakaja said county officials had arrested people over alleged planning violations and handed them to police, but some suspects were subsequently released on cash bail. The circumstances surrounding those arrests and the handling of the alleged offences remain separate matters requiring clarification.
The DPP has directed the DCI to investigate the circumstances leading to the collapse, including whether any conduct by county officials, the developer, contractors or other professionals involved in planning, approval, supervision and construction contributed to the incident.
Once investigations are complete, the DCI is expected to forward the inquiry file to the ODPP for independent review and appropriate directions under the Constitution and the law. The prosecution office said it would take action against any persons found criminally responsible, regardless of their position or status.
The Engineers Board of Kenya has also launched an investigation into the factors that may have contributed to the collapse and the role of engineers involved in the project. The board’s inquiry is expected to examine relevant professional responsibilities and compliance with engineering standards.
In its statement, the ODPP expressed sympathy to those injured and people who suffered property losses. It cautioned developers, contractors, construction professionals and public officials against disregarding building regulations, safety standards and statutory approval requirements.
The cause of the collapse and any criminal responsibility have yet to be established. The DCI investigation and subsequent review by the ODPP will determine whether the available evidence supports criminal charges.
