‘My hands are tied’: Sakaja blames laws for Illegal buildings

Nairobi Governor Johnson Sakaja lamented that his administration's attempts to curb unlawful construction are hampered by inadequate penalties, legal battles and reduced authority to enforce municipal by-laws. During a Senate meeting, Sakaja highlighted that the county spends significant resources identifying and notifying illegal developments, yet some developers either continue construction or contest the notices in court.

He urged Parliament to revise the development control framework, raise penalties for breaches, and empower counties to prosecute related offenses. "Today, you just issue an enforcement notice, and you cannot stop the project," Sakaja pointed out. The current penalties, capped at a Sh500,000 fine and a two-month jail term, are insufficient to dissuade high-value developers from violating laws, he said.

Sakaja also noted that the county's actions against non-compliant developers are often thwarted when cases reach court. He called for the appointment of specialized prosecutors to aid in handling county offenses and a review of charging guidelines to bolster law enforcement efforts. This plea underscores a longstanding debate over the scope of county governments' power to prosecute violations within their jurisdictions, a matter further complicated by the devolution of legal authority following Kenya's 2010 Constitution and subsequent legal reforms.

Prior to devolution, local authorities could establish their courts to enforce municipal by-laws, while the County Governments Act abolished this ability, relegating prosecution to the Office of the Director of Public Prosecutions. The shift was evident in September 2023 when the Judiciary ordered county cases to be transferred from City Hall to Milimani Law Courts, effectively stripping counties of the statutory right to maintain courts and collect fines.

Nairobi officials have since sought ways to regain control of court operations and the revenue from fines, while Sakaja's latest call emphasizes the broader implications of legal changes on building regulations and public safety, arguing that enforcement must effectively balance public protection with the rights of law-abiding citizens.