Mombasa authorities crack down on rogue high-rise developers

High-rise buildings continue to come up in the island Port City of Mombasa. [Robert Menza, Standard]

National and county government officials in Mombasa have raised the alarm over a growing trend of developers illegally adding extra floors to high-rise buildings without approval, putting construction workers and future occupants at risk.

The National Construction Authority (NCA) and the Mombasa County Government separately warned that some developers are flouting building regulations amid the county’s construction boom, which has transformed the city’s skyline.

Speaking during an enforcement operation on Friday, NCA Compliance Manager Architect Stephen Mwilu said developers were increasingly adding unauthorised floors beyond approved plans, while others continued construction despite suspension orders.

During the crackdown, one developer was arrested after allegedly constructing additional floors beyond the seven originally approved without obtaining fresh approval from the NCA. Although he claimed to have applied for permission, Mwilu said construction should not have continued before approval was granted.

Mwilu also expressed concern that some developers change contractors after receiving NCA approval, leaving projects in the hands of unregistered or unqualified professionals and compromising safety standards.

He said the inspections form part of the authority’s nationwide quality assurance programme to ensure compliance with construction laws. The inspections verify that projects are registered with the NCA, contractors hold valid practising licences, construction workers are accredited, and qualified consultants supervise the works. “Where we find non-compliance, we suspend projects until the issues are rectified,” Mwilu said.

Meanwhile, Lands County Executive Committee Member Mohamed Hussein announced a countywide crackdown on rogue developers, citing a rise in projects that fail to comply with approved plans and development conditions.

In a public notice, Hussein warned that such developments threaten public safety, orderly urban growth and the environment. “Despite previous notices and enforcement warnings issued to developers and property owners, several non-compliant developments continue unabated,” he stated.

Mwilu said developers or contractors who disregard suspension orders risk fines of up to Sh3 million, imprisonment for up to three years, or both. He clarified that enforcement targets developers and contractors, not construction workers, urging workers to cooperate with inspectors.

He linked the growing practice of unauthorised extensions to the partial collapse of an 11-storey building in the Kilifi area, Mombasa, in April last year, which claimed one life before the structure was demolished by the Kenya Defence Forces.

A task force appointed by Governor Abdulswamad Nassir attributed the disaster to engineering and regulatory failures, including credential renting by licensed professionals, inadequate inspections, poor supervision, fundamental design flaws and the absence of a geological survey.

Mwilu dismissed claims by contractors that developers pressure them into carrying out illegal extensions, insisting professionals must uphold the law. He said any proposal to add floors must be supported by a structural integrity report and fresh approvals from the county government, the National Environment Management Authority and the NCA.

He added that the authority would continue nationwide sensitisation programmes and joint enforcement operations with the National Police Service and the National Government Administration to improve compliance and enhance construction safety.