Nairobi Governor Johnson Sakaja has urged the Senate to support legal amendments that would give county governments more powers to prosecute developers who violate building regulations.
Appearing before the Senate Committee on Roads, Transportation and Housing on October 13, Sakaja said enforcing building regulations in the capital remained a major challenge, with many structures erected without the required approvals.
However, the governor said his administration had opted to pursue the regularization of unauthorized developments rather than demolish buildings, citing the cost and practical challenges associated with demolitions.
“There are many buildings in Nairobi that should come down because they violate the building code,” he said.
“We have decided to take the pragmatic route. We are asking developers to regularize the anomalies instead of demolishing buildings that do not comply with the restrictions anchored in the law.”
Sakaja Wants More Powers to Deal With Unauthorized Buildings in Nairobi
He called on the Senate to spearhead amendments to the existing legal framework, arguing that current penalties were insufficient to deter developers undertaking high-value projects.
Sakaja argued that the Ksh500,000 fine for non-compliance was too low to deter developers undertaking construction projects worth billions of shillings.
Further, the Nairobi Governor called for a review of the legal framework to strengthen county governments’ enforcement capacity by allowing authorized county officers to prosecute construction-related offences.
He said developers must sign indemnity forms accepting responsibility for construction quality and compliance with approved standards. However, some deviated from approved plans during construction, putting lives and property at risk.
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He also called for the restoration of city courts to handle violations of county by-laws, saying the existing prosecutorial framework had limited counties’ ability to hold offenders accountable.
Kitui County Senator Enock Wambua welcomed the proposed partnership between the county and Parliament but challenged Sakaja to demonstrate that his administration could enforce existing laws where the requirements were clear.
Wambua also backed the Nairobi City County Regularization of Unauthorized Developments Act, 2025, which received assent on July 29, 2025. However, he questioned the three-year window given to developers to regularize unauthorized structures, saying the period was too long.
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About the Land Use Act
The Physical and Land Use Planning Act, 2019, requires developers to obtain prior written approval from the relevant county authority before undertaking construction, changing land use or subdividing land.
Developers must begin development within three years of approval, though they may apply for a one-year extension before the permission expires. Construction works must be completed within five years of commencement.
The law also provides for public participation in spatial planning, including public notices and opportunities for communities to review and give feedback on plans.
For enforcement, county teams comprising planning officials, building inspectors, and enforcement officers must inspect developments and take action against violations.
The law provides for a fine of up to Ksh500,000, imprisonment for up to two months, or both, for carrying out development without the required permission.
County authorities may also issue enforcement notices requiring developers to restore affected sites or demolish unauthorized structures at their own cost.
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