The Director of Public Prosecutions (DPP) has ordered a criminal investigation into the collapse of an 18-storey building in Eastleigh, Nairobi, warning that developers, contractors and county officials could face prosecution if found responsible.
In a statement issued on Monday, October 26, the Office of the Director of Public Prosecutions (ODPP) directed the Directorate of Criminal Investigations (DCI) to establish the circumstances surrounding the incident, which reportedly left several people injured, others missing and property destroyed.
The investigation will examine whether negligence, misconduct or failure to enforce construction regulations contributed to the collapse.
Particular attention will be given to the role played by Nairobi City County officials, the private developer, contractors and professionals involved in the building's planning, approval, supervision and construction.
The DPP also clarified that Nairobi City County Government had never forwarded an inquiry file to the ODPP concerning alleged wrongdoing in the construction of the building.
According to the statement, no such file had been submitted for review or prosecutorial directions regarding possible misconduct by the developer, construction professionals or county officials.
The clarification comes as questions emerge over accountability for the collapsed structure and whether those responsible for overseeing its construction complied with the required safety standards.
Invoking Article 157(4) of the Constitution, the DPP directed detectives to conduct thorough investigations and establish whether any actions or omissions contributed to the disaster.
Upon completing the investigations, the DCI will be required to submit its findings to the ODPP for independent review and further directions.
The prosecution office maintained that anyone implicated through sufficient evidence would face legal action, regardless of their position or influence.
"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 statement read.
The DPP further warned developers, contractors, construction professionals and public officials against ignoring building regulations and statutory approval requirements.
He stressed that compliance with construction safety standards is mandatory and that violations amounting to criminal offences would attract legal consequences.
"Any conduct that amounts to a criminal offence shall be dealt with in accordance with the law," the ODPP warned.
While the exact circumstances of the incident remain under investigation, the DPP said the inquiry would seek to establish whether failures occurred at any stage of the construction process.
The statement did not identify any suspects or announce arrests, with the findings of the DCI investigation expected to determine whether criminal charges will follow.
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