By Mwangi Muiruri

Unscrupulous landlords have found a shortcut of disposing raw sewage by simply building an improvised septic tank behind the houses. Once full, the landlords open them up for the filth to snail off, a dangerous trend as this sewage comes into contact with drinking water and playgrounds.

Worse still, in many estates, landlords have found a way bypassing septic tanks is to dig pit latrines for tenants. This development is particularly common in Zimmerman, Githurai 44 and 45, Kahawa West and parts of Eastlands contrary to the Public Health Act.

In September last year, National Environment Management Authority (Nema) issued a notice to Zimmerman residents to prepare for relocation when it discovered that landlords have contravened laws on proper waste disposal.

Nema says many plots do not have septic tanks and proper sewerage disposal systems, adding that tenants are living in extremely unhygienic conditions and risk diseases and pollution.

Salome Machua, the principal compliance and enforcement officer at Nema, says landlords must build septic tanks with the right capacity to accommodate wastewater.

"It is a must that all landlords build septic tanks and cover open drains," she says.

Raw sewage near residential houses in Mathare North estate, Nairobi. [PHOTOS: MARTIN MUKANGU/Standard]

Nema will soon prosecute stubborn landlords. "As we prosecute, we will give the tenants an evacuation notice following which the buildings will be condemned," Machua discloses.

The menace has also extended to middle class estates like Mlolongo and Ongata Rongai. Machua says the areas have suffered effluent disposal challenges due to rapid development of commercial and rental buildings.

As the scramble for space to establish estates flares up, details suggest that many developers have not sought approval from the authorities. The move has seen a proliferation of unplanned residential structures that threaten the lives of tenants. For long, tenants have suffered poor sanitation, especially in sewerage disposal.

Tough talk is also coming from City Hall’s Medical Officer of Health, Dr Daniel Nguku. He says his team will soon commence a crackdown against any developer who has not spared 25 per cent of the plot for waste disposal infrastructure.

"It is stated in the Building Code that any development must utilise a maximum of 75 per cent space for construction and leave 25 per cent for a waste disposal mechanism," Nguku asserts.

The blatant abuse of sanitation provisions is a result of the developers bypassing approval for their estates. "Before construction of any building commences, the developer must present its drawing to the Department of Planning after which it will be subjected to scrutiny for its ability to comply with, among other things, sanitary and waste disposal. That is where the 25 per cent reserve is evaluated," he explains.

contravening safety measures

Architectural experts argue that since real estate is emerging as one of the safest investments due to its multiplying factor, investors are opting to erect high rise buildings in utter contempt of the safety measures spelt out in building codes. Sanitation has been, and still is the most neglected requirement.

Engineer Mairura Omwenga, the chairman of the Town Planning Chapter of the Architectural Association of Kenya (AAK), says the buildings mushrooming all over the country present enormous health hazards to tenants.

"The perceived failure by the authorities to tame the menace is evident, especially with buildings tumbling down and claiming lives. The existence of condemned buildings further aggravates the urgency with which sanitation concerns must be addressed," he says.

Omwenga says developers are competing to bring up structures for rental purposes and, in the process, are bypassing standardisation mechanisms.

"Either the authorities have been overwhelmed by the many building plans tabled for approval, or there is a complete breakdown of the approval system in the planning department," he accuses.

"As a result, most of these houses do not meet the minimum approval benchmarks including the stability of foundations, materials used, the height expected and all other nitty gritties of sound architectural standards. For instance, sewerage disposal is a major requirement for any rental purposes but today, almost all estates in this country do not have septic tanks, disposal tunnels and there is no central point where a given estate disposes off waste."

Unplanned residential structures have led to poor sanitations in many estates.

Shabbir Ansari, the general sales manager of Basco Products, says local authorities are the custodians of the Building Code but have "miserably failed to effect solid guidelines and insist on strict adherence to the laid down building standards."

He blames the waste disposal crisis on the councils’ lack of serious inspection in all building and construction sites and for awarding certificates of compliance to buildings that don’t deserve it.

challenges to the council

Communications officer Julius Ndegwa admits that the City Council of Nairobi faces numerous challenges in the whole procedure of approving the buildings but not in the alarming scale cited.

"We appreciate being told where we are going wrong but not in an exaggerated manner. We all are trying our level best to make sure the Building Code is adhered to the letter even when it is a well known fact that in the process we are encountering rot in the sector which has been there for a long period of time," he says.

Omwenga says Nema is also to blame for the collapse of sanitation in upcoming estates. "What do they inspect and certify? What is their input when a whole estate carrying thousands of tenants lacks sewerage disposal infrastructure? What is the excuse when raw sewer is conspicuously present in open fields and corridors of these estates?" he queries.

Brian Opiyo, a tenant in Buru Buru Estate, tells of how sewerage pipes overlap with water pipes in the area.

In Umoja Estate, water was disconnected when contamination was detected. Nairobi Water and Sewerage Company’s technical director, Joseph Kimani, says the contamination was caused by blockages following unauthorised connections to the sewer and dumping of solid waste in open manholes.

The bigger problem, he says, is the grabbing of way-leaves and construction of illegal structures on top of sewer lines. "Umoja and its surrounding areas was never designed for high-rise buildings," says Kimani. "This has caused over-loading of the network leading to sewer overflows."

The main problem now is how to access water and sewer lines running under the foundations of permanent buildings, he adds.

correcting the situation

Sanitation and Public Health Minister Beth Mugo says what is lacking in the residential estates are extension officers whose duty is to superintend adherence to health practices. Consequently, sanitation and health officers will be recruited for all estates to ensure all residential houses meet basic health specifications.

"It is true that some landlords do not even have toilets for their tenants" says Mugo. "Even where there are toilets, you will find that the ratio is not the specified one. A toilet is supposed to serve four people. The same applies to bathrooms. It is our duty to make sure the situation is brought back to the right track."

Housing Minister Soita Shitanda says the health threat caused by the lack of proper sewerage disposal systems is real since some of the upcoming estates are no better than slums. "As the government struggles to upgrade the slums, we must be cautious and ensure permanent structures don’t hold slums where sanitation is a strange word," he says.

Adherence to architectural standards is the only way out backed strongly by a resolve to enforce the laws. "It is for this purpose that we are coming up with a Housing Act that will seal all the loopholes that greedy developers have been utilising for their own selfish ends," the minister says.