Eastleigh Building Collapse: The Permits, Inspections and Safety Rules Under Scrutiny

The building collapsed at about 1pm along Yusuf Haji Avenue, near 9th Street and Day to Day Supermarket, in one of Nairobi’s busiest commercial neighbourhoods.

The upper floors were still being constructed, but businesses were operating on the ground floor.

The premises included shops and other commercial activities, raising questions about why people were allowed inside a structure that had not received its occupation certificate.

Nairobi County Governor Johnson Sakaja said the building had received construction approval but had no certificate of occupation.

The absence of an occupation certificate is a serious issue, but investigators will still need to establish whether structural defects, construction practices, inadequate supervision or other factors contributed to the collapse.

Approval is only the beginning

In Kenya, a developer cannot simply begin building because land is available or a contractor has been hired.

County governments oversee development approvals, including the assessment of architectural and structural plans against applicable planning and building requirements.

The National Building Code 2024, published through Legal Notice No. 47, provides standards covering building design, materials, construction, safety, inspection, maintenance and demolition.

The National Construction Authority (NCA) also regulates the construction industry and requires construction projects to be registered.

Its published requirements include approved architectural and structural drawings, county development approvals, a registered contractor with a valid practising licence, and appropriately registered professionals such as architects, engineers and quantity surveyors.

These requirements help establish who is responsible for the design and construction of a building.

They also give regulators records against which work can be checked.

What is an occupation certificate?

An occupation certificate is issued after a building has met the applicable requirements for occupation.

It is intended to establish that the completed premises have undergone the required checks before being used for their intended purpose.

A construction permit does not mean that a building is automatically safe to occupy at every stage.

A structure may receive approval at the planning stage and still fail to comply with approved plans or safety requirements during construction.

Sakaja said the Eastleigh building had no occupation certificate despite the ground floor being in use.

Authorities will need to establish who allowed the businesses to operate, whether the developer or property manager breached applicable requirements and whether county enforcement officers had inspected the premises.

Who is responsible if a building fails?

Responsibility depends on what an investigation establishes.

Developers are responsible for ensuring that projects follow the approved plans and applicable requirements.

Contractors must carry out construction work in accordance with the agreed designs and standards.

Architects and engineers have professional responsibilities relating to design, supervision and certification within their respective roles.

County authorities are responsible for development control and enforcing the relevant approval and occupation requirements.

The NCA has responsibilities covering construction-sector regulation and project registration, while professional bodies regulate the conduct of architects and engineers.

An investigation into the Eastleigh collapse should establish whether the approved plans matched the building on site, whether the required inspections were conducted, what materials were used and whether the structure complied with the relevant engineering specifications.

What happens after the collapse?

Police and other authorities have pledged to investigate the incident and pursue legal action where negligence or other offences are established.

The inquiry will need to distinguish between the immediate technical cause of the collapse and any regulatory failures that allowed unsafe practices to continue.

Finding that a building lacked an occupation certificate, for example, raises an enforcement question but does not by itself explain the structural failure.

The findings should also help establish whether the approval and inspection systems worked as intended and whether penalties for non-compliance are sufficient to deter developers from cutting corners.