Eastleigh building collapse: ODPP directs investigation over missing County records

The Office of the Director of Public Prosecutions (ODPP) has officially stepped into the escalating crisis surrounding the tragic collapse of a multi-storey building in Nairobi’s bustling Eastleigh commercial hub.

In a press statement released on Monday, October 26, 2026, the prosecution agency announced that it has directed the Directorate of Criminal Investigations (DCI) to conduct a thorough, wide-ranging probe to uncover the exact sequence of events that led to the disaster.

The collapse has left several individuals feared trapped, triggered frantic multi-agency rescue efforts, and reignited a fierce national debate regarding construction safety, regulatory compliance, and systemic professional negligence in Kenya’s urban centers.

According to the ODPP, the catastrophe has laid bare potential gaps in municipal tracking and administrative oversight.

A critical disclosure within the prosecution’s statement revealed that prior to the disaster, no formal inquiry file concerning the construction of the multi-storey property had ever been forwarded to the ODPP by the Nairobi City County Government.

The absence of prior documentation has intensified scrutiny on local regulatory bodies.

Questions are rapidly mounting as to how a massive high-rise development could progress without triggering immediate enforcement interventions, particularly given conflicting local reports regarding its structural approvals and active commercial spaces operating on its lower levels.

Invoking its constitutional powers under Article 157(4) of the Constitution of Kenya, which empowers the office to direct the Inspector General of the National Police Service to investigate any allegations of criminal conduct, the ODPP emphasized the absolute necessity of a transparent and comprehensive inquiry.

“The Office of the Director of Public Prosecutions (ODPP) has taken note of media reports concerning the collapse of a multi-storey building in the Eastleigh area, Nairobi, an incident that has reportedly resulted in injuries, loss of property and missing persons,” the ODPP stated.

“The Director of Public Prosecutions (DPP) wishes to clarify that, as of the date of this statement, no inquiry file relating to the construction of the building has ever been forwarded to the Office by the Nairobi City County Government regarding malfeasance by the private developer, professionals or county government officials for perusal and directions.”

The ODPP has made it clear that the ensuing investigation will cast a wide net, looking far beyond the physical site to examine every link in the chain of planning, approval, supervision, and execution.

Investigators are tasked with establishing whether there were any acts of commission or omission by officials within the Nairobi City County Government, the private developer, contracted engineers, architects, or other professionals involved in the planning, architectural approval, structural supervision, and actual construction of the building.

The scope of the investigation aims to determine whether substandard building materials were utilized, whether structural deviations were made from the originally approved architectural plans, and whether warning signs such as visible cracks reported by workers prior to the collapse were ignored by site managers.

“In view of the gravity of the incident and the need to establish the circumstances surrounding the collapse, the DPP has, pursuant to Article 157(4) of the Constitution of Kenya, directed the Director of Criminal Investigations (DCI) to conduct thorough investigations into the matter,” the statement adds.

“The investigations shall establish the circumstances that led to the collapse, including whether there was any act or omission by officials of the Nairobi City County Government, the private developer, contractors or other professionals involved in the planning, approval, supervision and construction of the building that may have contributed to the incident.”

Furthermore, the prosecution has promised strict, unyielding legal action once the findings are handed over.

“Upon completion of the investigations, the DCI shall forward the resultant inquiry file to the ODPP for independent review and appropriate directions in accordance with the Constitution and the law. Where sufficient evidence establishes criminal culpability, the ODPP shall take the necessary prosecutorial action against any persons found responsible, irrespective of their position or status.”

The tragedy in Eastleigh is far from an isolated incident, fitting into a grim and recurring pattern of structural failures in densely populated Kenyan neighborhoods where rapid urbanization frequently outpaces municipal enforcement.

Civil society organizations, professional engineering bodies, and affected families have vocally demanded systemic reforms rather than superficial post-tragedy rhetoric.

Critics have pointed out that overlapping mandates between the National Construction Authority (NCA) and county governments frequently create regulatory loopholes.

Developers have historically exploited these bureaucratic divisions, leaving buildings to rise unchecked despite lacking proper occupation permits or safety certifications.

Past audits by the National Building Inspectorate have revealed that a staggering majority of evaluated structures across the country failed to meet basic safety thresholds, signaling a deep-seated institutional rot.

“The DPP conveys his sympathies to those injured and to all persons who have suffered loss of property as a result of the incident. He further cautions developers, contractors, construction professionals and relevant public officials against disregarding building regulations, safety standards and statutory approval requirements. Any conduct that amounts to a criminal offence shall be dealt with in accordance with the law.”