Nairobi Governor Johnson Sakaja has urged the Senate to review existing building regulations and introduce tougher penalties for developers who violate approved construction plans. He has also called for changes to the law to give county governments a greater role in prosecuting construction-related offences.

Sakaja made the proposals on Tuesday, October 13, 2026, when he appeared before the Senate Standing Committee on Roads, Transportation and Housing to discuss challenges surrounding unregulated developments and the enforcement of construction standards.

The governor argued that the penalties currently provided under the law may not be sufficient to discourage developers from breaking construction regulations, particularly those undertaking expensive projects worth billions of shillings.

He maintained that developers who disregard approved building plans should face consequences strong enough to discourage violations and encourage compliance with the required standards.

Sakaja Questions the Effectiveness of Current Fines

One of the key issues raised by Sakaja was the level of fines imposed on developers who undertake construction without the required approvals.

Under Section 57 of the Physical and Land Use Planning Act, 2019, commencing development without the necessary permission attracts a fine of up to KSh500,000, imprisonment for up to two months, or both.

However, Sakaja argued that such penalties may have little impact on developers handling high-value projects, allowing some to view the fines as an ordinary cost of doing business rather than a serious punishment for breaking the law.

He cited the example of a developer undertaking a project worth KSh2 billion, arguing that the possibility of paying a KSh500,000 fine might not be enough to discourage the developer from violating construction requirements.

The governor therefore called on senators to consider amending the existing legal framework to introduce tougher and more effective penalties.

According to Sakaja, the objective should be to ensure that developers comply with approved building plans instead of risking violations because the financial consequences appear relatively small compared with the value of their investments.

He said stronger penalties would help reinforce the importance of following construction regulations and ensure that developers take their legal responsibilities seriously.

The proposal places the focus on whether the current punishment provided under the law adequately reflects the potential consequences of violating building regulations, particularly where large developments are involved.

Developers Accused of Changing Approved Building Plans

Sakaja also raised concerns about developers who allegedly change their building designs after receiving approval from the county government.

He said Nairobi County follows established procedures when reviewing and approving building plans. However, approval does not always guarantee that the actual construction will follow the submitted designs.

According to the governor, some developers obtain approval for particular plans but later make changes during construction, sometimes disregarding the standards and requirements that were used during the approval process.

Such practices, he argued, undermine the purpose of the approval system and create challenges for authorities responsible for ensuring that buildings comply with the law.

Building plans are intended to guide the construction process by setting out the approved design and other requirements that developers must observe. Changes that depart from the approved plans may therefore require further approval, depending on the nature of the proposed modifications and the applicable regulations.

Sakaja said developers must remain accountable for the quality and safety of their projects, regardless of whether their original building plans were approved by the county government.

He explained that the approval of a construction plan should not be interpreted as transferring responsibility for the finished building from the developer to the county administration.

The governor's remarks underline the importance of ensuring that the standards presented during the approval process are maintained throughout construction.

He maintained that developers should not be allowed to use approved plans to obtain permission and subsequently proceed with work that does not meet the required standards.

County Governments Seek a Greater Role in Prosecutions

Beyond increasing penalties, Sakaja called for a review of the legal framework governing the prosecution of construction-related offences.

He said county governments face limitations in pursuing cases against developers who violate building regulations because they do not have independent prosecutorial powers under the existing arrangement.

Although county authorities have responsibilities for development control, planning approvals and enforcement within their legal mandate, the prosecution of criminal offences operates through the established national justice system.

This involves institutions such as the police and the Office of the Director of Public Prosecutions, which has constitutional responsibility for instituting and undertaking criminal proceedings.

Sakaja argued that the current arrangement can limit the ability of county governments to respond effectively to construction violations.

He urged the Senate to examine whether appropriately authorised county officers could be given a greater role in prosecuting relevant offences, subject to the law and safeguards governing criminal proceedings.

The governor believes such changes could help strengthen accountability and improve the enforcement of building standards.

However, any expansion of county officers' role would require a clear legal framework defining their authority, responsibilities and relationship with the existing national prosecution system.

The proposal is therefore aimed at examining how national and county institutions can work together more effectively to ensure that construction regulations are enforced.

Building Safety Remains a Major Concern

The call for stronger building regulations comes amid continued public concern over the safety of buildings and compliance with construction standards in Nairobi.

As the capital continues to experience urban growth and increasing demand for residential and commercial properties, construction oversight remains an important responsibility for the authorities.

Developers are expected to follow approved plans and comply with applicable building requirements, while relevant professionals and regulatory agencies have responsibilities within their respective mandates.

When construction departs from approved designs or fails to meet required standards, questions may arise about the safety of occupants, workers, neighbouring properties and members of the public.

Sakaja argued that stronger enforcement measures would help ensure that developers understand the consequences of disregarding the law.

He maintained that construction regulations should be treated as essential safeguards rather than administrative requirements that can be ignored or addressed through relatively small financial penalties.

The governor's proposals also highlight the need for effective inspection and monitoring throughout the construction process.

Approving plans before construction begins is only one part of development control. Authorities must also establish whether work on the ground follows the approved designs and whether any changes comply with the relevant requirements.

Where violations are identified, enforcement action must follow the applicable legal procedures.

Developers Remain Responsible for Construction Quality

Sakaja said Nairobi County requires developers to sign indemnity forms affirming their responsibility for construction quality and compliance with approved standards.

These forms help clarify the obligations accepted by developers during the approval process.

However, the governor stressed that the existence of an approval or indemnity form does not remove the need for compliance with the law.

Developers remain responsible for ensuring that their projects meet the applicable requirements and that construction work follows approved plans.

The county government's role in approving developments does not automatically make it responsible for every decision taken by a developer during construction.

Sakaja argued that this distinction should be reflected in the way building regulations are enforced and violations addressed.

He called for a system in which developers who fail to follow approved plans can be held accountable through effective and legally sound procedures.

Such an approach, he said, would help strengthen responsibility across the construction sector and encourage greater respect for development regulations.

Senate Asked to Consider Legislative Changes

The governor's appearance before the Senate committee was aimed at drawing lawmakers' attention to the legal and institutional challenges affecting the regulation of construction projects in Nairobi.

His proposals centre on two main interventions: increasing penalties for developers who violate approved building plans and reviewing the legal framework to allow county governments to play a greater role in prosecuting construction-related offences.

Sakaja believes both measures are necessary to strengthen enforcement and ensure that violations attract meaningful consequences.

The proposed changes would require consideration by the relevant lawmakers and must follow the appropriate legislative process before becoming law.

The Senate committee's consideration of the issues provides an opportunity to examine the effectiveness of the current penalties, the responsibilities of county governments and the legal mechanisms available to address construction violations.

The debate also raises broader questions about how to balance development and investment with the need to protect residents and ensure that buildings comply with safety requirements.

While developers play an important role in expanding housing and commercial infrastructure, their projects must operate within the laws governing planning, construction and land use.

Focus on Accountability and Compliance

Sakaja's proposals place developer accountability and the enforcement of building regulations at the centre of the discussion on urban development.

His argument is that tougher penalties would discourage violations, while a stronger role for authorised county officers in prosecuting relevant offences could improve the enforcement process.

The proposals do not, by themselves, change the existing law. Any amendments would need to be considered and adopted through the appropriate legal procedures.

For residents, the debate is significant because effective building regulation is intended to promote orderly development and protect people who live, work and conduct business in buildings across the city.

For developers, a clearer and more consistently enforced legal framework could reinforce the need to follow approved designs and meet construction standards throughout a project's lifespan.

The Senate's consideration of the governor's recommendations will determine whether further legislative action is pursued.

Sakaja maintains that penalties must be sufficiently effective to discourage violations and that county governments need appropriate legal mechanisms to hold offenders accountable.

His appeal ultimately centres on ensuring that developers comply with approved construction plans and that the authorities responsible for enforcing building regulations have the legal tools needed to carry out their duties.