DPP Orders DCI Probe into Eastleigh Building Collapse as Questions Mount Over Construction Approvals

The Director of Public Prosecutions has ordered a criminal investigation into the collapse of a multi-storey building in Nairobi’s Eastleigh area, bringing renewed scrutiny to the decisions and oversight systems that allowed the project to proceed.

The directive comes as rescue teams continue searching the rubble of the building, which collapsed along 9th Street on Friday, 23 October, leaving people injured, property damaged and families waiting for answers.

In a statement on Monday, 26 October, the Office of the Director of Public Prosecutions (ODPP) said the Directorate of Criminal Investigations (DCI) must establish what led to the collapse and whether any individual or institution bears criminal responsibility.

The investigation will examine the conduct of the private developer, contractors, construction professionals and Nairobi City County officials involved in the building’s planning, approval, supervision and construction.

The order places the focus on more than the physical cause of the collapse. Investigators will also need to establish whether required approvals were obtained, whether construction rules were followed and whether any failures in oversight contributed to the disaster.

DPP says county had not submitted an inquiry file

The ODPP disclosed that Nairobi City County had not forwarded an inquiry file to the prosecution office concerning alleged wrongdoing in the project before the statement was issued.

“The 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,” the office said.

The clarification is significant because questions have emerged about the approvals granted for the development and the authorities’ response to construction that may not have met the required standards.

However, the absence of a file at the ODPP does not, on its own, establish that the county took no action or that any official committed an offence. Those questions will need to be addressed through evidence gathered by investigators.

Nairobi Governor Johnson Sakaja has said a change-of-use application was approved in 2024, but a subsequent application for the building’s architectural plans was not approved. He has maintained that permission to change a property’s use did not amount to permission to construct the proposed high-rise building.

The county’s account and the project’s approval history will be important areas for investigators to examine. The cause of the collapse and any individual responsibility have not yet been established. <Cite refs={["turn766841search6","turn766841search8","turn766841search1"]}/>

Investigation to examine the entire construction process

The DPP issued the directive under Article 157(4) of the Constitution, which empowers the office to direct the Inspector-General of the National Police Service to investigate information or allegations of criminal conduct.

The DCI is expected to examine the circumstances surrounding the collapse and determine whether acts or omissions by developers, contractors, professionals or public officials may have contributed to it.

The National Construction Authority has previously identified 9th Street Plaza Limited as the developer listed in its records for the proposed project, with Stromax Holdings E.A Limited named as the contractor. The authority also listed Emmanuel Mwangi Maina as the project architect and Joseph Muturi Mugu as the structural engineer.

Those details identify the parties recorded against the project; they do not establish that any of them caused the collapse or committed an offence. Investigators will need to establish the responsibilities of the people and companies involved and whether the relevant legal and professional requirements were met. <Cite refs={["turn766841search7","turn766841search10"]}/>

Once the investigation is complete, the DCI will submit its inquiry file to the ODPP for an independent review and directions on whether charges should be brought.

The ODPP said it would prosecute where the evidence establishes criminal culpability, regardless of a person’s position or status.

Four rescued as families await answers

The investigation is unfolding alongside an ongoing search-and-rescue operation.

The National Police Service said four people had been rescued by Sunday and taken to hospital for medical attention. The Kenya Red Cross had reported that 47 people had been listed as missing, although the figures required verification as responders worked to establish who had been at the site when the building came down. <Cite refs={["turn606871search0","turn606871search1","turn606871search9"]}/>

The building was under construction when it collapsed, and reports indicate that shops on its lower floors were occupied. That has widened concerns beyond construction workers to traders and other people who may have been inside or near the structure.

Authorities have urged families looking for missing relatives to contact the Kenya Red Cross desk at the scene or call its emergency response number, 1199. Members of the public have also been asked to stay away from the affected area to allow rescue teams and heavy equipment to operate safely. <Cite refs={["turn606871search8","turn606871search10"]}/>

The ODPP expressed sympathy to those injured and people who lost property. It also warned developers, contractors, construction professionals and public officials against ignoring building regulations, safety standards and statutory approval requirements.

The office said any conduct found to amount to a criminal offence would be dealt with under the law.

For residents and traders in Eastleigh, the immediate concern remains the search for anyone still missing. The wider question is whether the investigation will establish how the building was allowed to reach the stage it did, what oversight took place and whether anyone should face criminal or professional sanctions.

The answers will depend on the evidence gathered by investigators, rather than the allegations and competing accounts that have emerged since the collapse.

About the Author

Maureen Onyango is a journalist passionate about storytelling, life coaching and spiritual lessons. She studied at the Kenya Institute of Management and enjoys telling stories that inform, inspire and empower communities.