Governor wants tougher penalties for developers who flout approved plans and greater county involvement in prosecuting construction offences, warning that current fines may not deter violations.

Nairobi Governor Sakaja Johnson has asked the Senate to intervene in strengthening building regulations, proposing tougher penalties for developers who violate approved construction plans and greater enforcement powers for county governments.

Appearing before the Senate Standing Committee on Roads, Transportation and Housing to discuss unregulated developments.

The Governor raised two key concerns: penalties that he says may be too low to deter developers from violating construction laws, and limitations on county governments’ ability to prosecute those who breach building regulations.

He said Nairobi County follows the law when reviewing and approving building plans, with developers required to sign indemnity forms that clarify their responsibility for construction quality and compliance with approved standards.

However, he warned that some developers disregard approved plans once construction begins, putting public safety at risk.

“However, 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,” Sakaja said.

He noted that approval of building plans does not transfer responsibility for the safety and quality of construction from developers to the county government.

The Governor called for a review of penalties under the Physical and Land Use Planning Act, 2019, arguing that the existing fines may be insignificant compared with the value of major construction projects.

Section 57 of the Act provides for a fine not exceeding Sh500,000, imprisonment for up to two months, or both, for commencing development without the required permission.

Sakaja said some developers undertaking projects worth billions of shillings could view the maximum fine as a manageable business expense rather than a serious deterrent.

“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.

“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.”

He urged the Senate to consider legislative changes that would strengthen accountability and ensure that developers who disregard approved designs and construction standards face consequences proportionate to their violations.

Sakaja’s second proposal concerns the enforcement powers available to county governments.

He said counties can identify violations and take enforcement action, including arrests where legally authorised, but prosecution is handled through the established national justice system, involving the police and the Office of the Director of Public Prosecutions.

The governor wants the legal framework reviewed to allow counties to play a stronger role in prosecuting construction-related offences, subject to appropriate legal safeguards and authorisation.

“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.”

He argued that strengthening county enforcement would help ensure that developers who violate building regulations are held accountable and that residents are better protected from unsafe structures.

The Governor maintained that the county’s approval of building plans does not absolve developers of responsibility for how construction is undertaken.

Indemnity forms signed by developers clarify that responsibility for construction quality and compliance with approved standards remains with the developer. However, such forms do not replace statutory obligations or prevent the county from exercising its lawful regulatory powers.

Sakaja said stronger legislation, effective enforcement and meaningful penalties were necessary to address developers who alter approved designs or disregard construction requirements.

His proposals place the spotlight on the role of the Senate and other relevant national institutions in reviewing the legal framework governing building approvals, developer accountability and county enforcement powers.