NAIROBI, Kenya Oct 13 – Nairobi Governor Johnson Sakaja says his administration’s efforts to rein in rogue developers are being frustrated by weak penalties, court battles and the loss of prosecutorial powers that previously allowed local authorities to enforce municipal by-laws. Breaking It Down Sakaja told senators on Tuesday that the county was spending considerable resources identifying illegal developments and issuing enforcement notices,
10/13/26 • 57
NAIROBI, Kenya Oct 13 – Nairobi Governor Johnson Sakaja says his administration’s efforts to rein in rogue developers are being frustrated by weak penalties, court battles and the loss of prosecutorial powers that previously allowed local authorities to enforce municipal by-laws.
📻 Breaking It Down
Sakaja told senators on Tuesday that the county was spending considerable resources identifying illegal developments and issuing enforcement notices, only for some developers to continue with construction or challenge the notices in court.
Appearing before Senate Roads and Transportation Committee,the governor wants Parliament to review the legal framework governing development control, increase penalties for violations and give counties a greater role in prosecuting offences related to illegal construction.
“Because once you issue an enforcement notice, you can stop the project. Now that power was taken away. And so all the prosecution, or even county laws, or such related laws that are of a development nature, have to go to the office of the DPP,”Sakaja noted.
📌 What You Need to Know
The governor said the current penalties were too low to deter developers undertaking high-value projects, with a fine of up to Sh500,000 and a maximum two-month jail term offering little incentive for some investors to comply with the law.
“A developer undertaking a project worth billions of shillings can afford to pay a Sh500,000 fine,” he expressed.
He said the county could issue enforcement notices and take action against developers who deviated from approved building plans, but its efforts were often undermined when cases reached court.
“We asked for special prosecutors to assist in prosecuting county offences, to review the charging guidelines and to help us enforce the law. That has never been responded to,”
“Now, where does that leave us? The county, we want to enforce the law. We are spending a lot of resources, manpower and time going to those places,”Sakaja stated.
Sakaja’s plea revives a long-running dispute over the role of county governments in prosecuting violations of their laws, following changes introduced under the Constitution of 2010 and the subsequent overhaul of the legal framework governing local authorities.
📰 Source: Capital FM Kenya
