How City Hall cartels mint millions from irregular building approvals

 Rescue operations underway at the site of a collapsed building on 9th Street Eastleigh, Nairobi County. [Benard Orwongo, Standard]

The collapse of a multi-storey building in Eastleigh has once again exposed how Nairobi County, under the administration of Governor Sakaja, has failed to enforce stricter laws, specifically at the Urban Planning Department.

This is where all decisions on city Planning and buildings are approved and for many years the department has been ranked as the most lucrative and harbours cartels.

To tame the vice, an online platform used to apply for approvals was introduced but the same powerful cartels resisted and found a way of jamming the system.

A recent confession by engineers, architects, surveyors and other professionals who usually apply for approvals of buildings in Nairobi claimed that the system is usually interfered with so as to force them to go all the way to City Hall for a physical meeting where a bribe is allegedly demanded for one to get approvals.

The professionals were appearing before the Nairobi County Assembly Urban Planning Committee chaired by former Nairobi Mayor Godfrey Majiwa.

But more worrying is that in some high-end estates like Kilimani, Kileleshwa, and Runda, some investors were being forced to pay up to Sh15 million to get approval from City Hall.

A source who once sat on the Urban Planning Committee claimed that the bribes were being paid to some powerful operatives who are closer to the highest office in City Hall.

"There are two powerful individuals who wield power at City Hall and they are the only ones who go through the system and see the potential of the investors who apply," the source said

Adding, "Some investors pay the money with all the assurances that no one will disturb them throughout the entire time the project will run; that's why some requirements are bypassed."

In some instances, sources at City Hall revealed that approval of buildings is carried out by junior directors who share the kickback with the top bosses.

In 2023, a junior Director revealed before an Assembly Committee that he has approved up to 600 buildings in Nairobi, raising questions about their safety.

The role is supposed to be carried out by a County Chief Executive but owing to interests, some of them are said to be avoiding the role so as not to cross paths with powerful cartels who call the shots at City Hall.

"The law dictates that the CEC in charge of planning is the one to issue the approvals. The communication must be done by the Director of Planning," Nairobi County Assembly Minority Leader Waithera Chege said

Pointing out, "Today, if you ask at City Hall, who issues these approvals, it is not the CEC but junior corrupt directors,"

Town planners, through their Chairman, Mairura Omwenga, while responding to the Eastleigh collapsed building, blamed both the National and County governments for the lack of follow-ups after approvals.

"When the excavation starts, make sure that the excavation the government is also supposed to also close checks and them that the developed class, the present consultants, meet the required standards," he said

"Then, at various stages, the steel works are done, the foundations are done, by the developer and his consultants. The government is supposed to also come and also check that things have been done properly," he explained

He added that once the foundations are done and the building goes up, the government is supposed to be notified to come and check that things have been done properly.

Recently, Architectural Association of Kenya Vice-President Brenda Nyawara said professional associations should be involved in planning and development decisions and their views considered by the county.

They also raised concerns over the use of online platforms to process building approvals, claiming the system was sometimes interfered with, creating opportunities for corruption.

“We cannot have buildings collapsing, and then we go back to try and ask who is responsible for all this,” Nyawara said.

But while appearing before the Senate, Nairobi Governor Sakaja Johnson asked for strengthening building regulations, proposing tougher penalties for developers who violate approved construction plans and greater enforcement powers for county governments.

Sakaja, who is the CoG Transportation and Infrastructure Committee chairperson, urged the Senate Committee on Roads, Transportation and Housing, chaired by Nominated Senator Hamida Kibwana, to give priority to the discussion on unregulated developments.

Race Against Time Continues Almost 72 hours after Collapse.

Meanwhile, almost three days after the collapse of a multi-storey building in Eastleigh, 38 people are still reportedly missing, with nine already reunited with their families.

This is from a total of 47 cases of missing people reports.

The number of those rescued as of yesterday evening remained two.

"So far, 38 people have been reported missing. Nine people have been able to be paired up with their families," said Micro, Small and Medium Enterprises Principal Secretary Susan Mangeni.

According to the Assistant Inspector General of Police in charge of disaster management, Dr Duncan Ochieng', they have not yet ascertained how many remain under the rubble.

"We have got some information about Kenyans trapped in the building but as of now we cannot authoritatively say how many Kenyans are within that building because of conflicting information," he said.

He added that the operation was complex because of the position of adjacent buildings hindering access.

"This kind of pancake collapse is very risky and it is in a confined space. We are not able to manoeuvre on the four sides of this building." Duncan said, adding that they were already in possession of the plan of the building to help them.

With multiple reports suggesting that the building might have collapsed at around 1 pm, PS Mang'eni said that it was their hope that those who were in and around the building had taken a lunch break.

"We are hoping that because of the timing, several people had gone to pray and that some were also on a lunch break," said PS Mang'eni.

"There was also an alarm for about 15 mins and most people were able to be evacuated."

Some of the survivors who spoke to the Standard said that they fear that the number of those trapped could be more.

"In the basement, there were people but we can't know the exact figure because the business people had opened; there were those selling and those buying. The number could be big but we hope we will find them alive," said Simon Kimani, who was among the workers on site.

Red Cross disaster officer Onyango Nathan said that they were working round the clock with the help of the Directorate of Criminal Investigations DCI to track the contacts of the 38 still missing.

Of the 2 persons who have since been rescued, PS Mang'eni said that the female was a shop owner while the male was a construction worker.

The two have been of assistance to the excavation teams, giving them information on the exact location of those others trapped beneath.

As the 24-hour operation continues, members of the public within Eastleigh and its neighbourhoods have been urged to exercise patience as the exercise continues, in order to rescue those still under the rubble, within 72 hours of the collapse.

"We are asking the public to give us ample time. These running battles with members of the public really slow down our efforts," Duncan said.

But even as the race against time to rescue the people under the rubble continues, questions continue to mount over who is to blame.

The Institute of Engineers of Kenya (IEK) has pointed out technical and governance gaps that must have led to the collapse and they have emphasised the need for a national dialogue to discuss the safety of construction in Kenya.