Nairobi Governor Johnson Sakaja has asked the Senate to review building laws to introduce tougher penalties for developers who violate approved construction plans and give county governments a greater role in prosecuting construction offences.
Appearing before the Senate Standing Committee on Roads, Transportation and Housing chaired by nominated senator Hamida Kibwana on Tuesday to discuss unregulated developments, Mr Sakaja said existing penalties were too low to deter developers from disregarding approved designs, while limitations on county enforcement powers made it difficult to hold offenders accountable.
He cited Section 57 of the Physical and Land Use Planning Act, 2019, which provides for a fine of up to Sh500,000, imprisonment for up to two months, or both, for commencing development without the required permission.
Mr Sakaja said the penalties were insignificant compared with the cost of major construction projects, allowing some developers to treat fines as an ordinary business expense rather than a deterrent against violating building regulations.
“The challenge is that some developers may consider these penalties insignificant compared with the value of their projects. Someone undertaking a development worth Sh2 billion may be willing to risk paying Sh500,000 if caught,” he said.
Nairobi County Governor Johnson Sakaja appears before the Senate Committee on National Security at Bunge Tower, Nairobi, on Thursday, July 23, 2026, to respond to an inquiry into the county government's firefighting and disaster management preparedness.
Photo credit: Dennis Onsongo| Nation Media Group
“We need to review the law and introduce tougher, more effective penalties that will make developers think twice before violating construction regulations. Compliance must be the priority, not treating fines as an ordinary business expense.”
The governor said Nairobi County follows the law in reviewing and approving building plans, with developers required to sign indemnity forms acknowledging their responsibility for construction quality and compliance with approved standards.
However, he warned that some developers deviate from approved designs once construction begins, raising concerns about the safety of buildings and the effectiveness of existing enforcement mechanisms.
“Some developers take advantage of the system. Once their plans are approved, they deviate from the approved designs and use their own methods of construction, disregarding the required standards,” Mr Sakaja said.
He maintained that approval of building plans does not transfer responsibility for the quality and safety of construction from developers to the county government.
The governor also asked the Senate to examine the legal framework governing the prosecution of construction-related offences, arguing that counties need greater powers to enforce building regulations.
“There are some instances where there are files forwarded to the Directorate of Public Prosecutions but they have failed to act on them. There is nothing that we can do as a county government since they are now scot-free. As a county, we need greater say in how these offences are processed,” he said.
He said county governments can identify violations and take enforcement action within the law, but prosecutions are handled through the established justice system involving the police and the Office of the Director of Public Prosecutions.
“Secondly, counties face limitations in enforcing these laws because we do not have independent prosecutorial powers,” he said.
“While this is the current legal framework, we believe there is a need to examine how counties can be empowered to enforce construction regulations more effectively, including whether appropriately authorised county officers should have a greater role in prosecuting relevant offences.”
Mr Sakaja said giving counties a greater role in prosecuting construction offences, subject to the necessary legal safeguards and authorisation, would strengthen accountability and help protect residents from unsafe structures.
He said indemnity forms signed by developers clarify responsibility for construction quality but do not replace statutory obligations or limit the county's lawful regulatory powers.
Kanjo courts, commonly associated with the prosecution of county bylaw offences such as illegal hawking, littering and other municipal violations, are magistrates' courts administered by the Judiciary, rather than courts owned or run by county governments.
Under the arrangement, county enforcement officers make arrests and county prosecutors bring charges before magistrates appointed within the national judicial system.
Before the promulgation of the 2010 Constitution, municipal and city courts also operated within the national subordinate court system, although local authorities played a more prominent role in enforcement, prosecution and the provision of court facilities.
The constitutional changes subsequently clarified the separation between judicial authority and county enforcement, leaving counties to prosecute offences within the law while the Judiciary retains control of the courts.
