The Director of Public Prosecutions (DPP) has directed the Directorate of Criminal Investigations (DCI) to conduct a thorough investigation into the collapse of a multi-storey building in Eastleigh, Nairobi.
In a statement, the Office of the Director of Public Prosecutions (ODPP) said the probe would establish the circumstances surrounding the collapse, which reportedly caused injuries, property damage and left people missing.
The DPP clarified that, as of the date of the statement, Nairobi City County Government had not forwarded any inquiry file to the ODPP concerning alleged malpractices by the developer, construction professionals or county officials involved in the project.
The investigations will examine whether any acts or omissions by Nairobi City County officials, the private developer, contractors or other professionals involved in the planning, approval, supervision and construction of the building contributed to the incident.
The directive was issued pursuant to Article 157(4) of the Constitution, which empowers the DPP to direct the Inspector-General of the National Police Service to investigate information or allegations of criminal conduct.
Upon completion of the investigations, the DCI is expected to submit the inquiry file to the ODPP for independent review and further directions.
The ODPP said it would take appropriate prosecutorial action against anyone found criminally culpable, provided sufficient evidence is established, regardless of their position or status.
Nairobi Governor Johnson Sakaja has been blaming government agencies including the police and ODPP for the cases of collapse of structures in the city.
The agencies have denied the claims.
Sakaja’s concerns have placed the spotlight on the handling of building enforcement cases and the relationship between county authorities responsible for development control and national agencies responsible for criminal investigations and prosecutions.
Sakaja clarified that approval to change a property’s use from private to commercial-cum-residential does not amount to approval of architectural plans authorising construction.
He said the County approved the change of user but did not approve the architectural plans, yet construction proceeded.
“If the building had been approved for construction, I would have named the officers who approved it so that action could be taken against them,” he said.
DPP Mulele Ingonga cautioned developers, contractors, construction professionals and public officials against disregarding building regulations, safety standards and statutory approval requirements.
The ODPP warned that any conduct amounting to a criminal offence would be dealt with in accordance with the law.
The office reaffirmed its commitment to upholding the rule of law, accountability and the independent and impartial exercise of its constitutional mandate, adding that it would continue working with investigative agencies to ensure that cases warranting prosecution are addressed.
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