Nairobi Governor Johnson Sakaja has asked the Senate to push for tougher penalties against developers who violate approved building plans and give county governments a greater role in prosecuting construction-related offences.
Sakaja warned that existing fines may be too low to deter developers from flouting construction regulations, arguing that some could view the penalties as a minor expense compared with the cost of their projects.
Appearing before the Senate Standing Committee on Roads, Transportation and Housing on Tuesday, October 13, 2026, to discuss unregulated developments, the governor called for changes to the legal framework governing building approvals and enforcement.
He identified two key challenges: penalties that may not adequately discourage violations and restrictions on county governments’ role in prosecuting construction offences.
“Someone undertaking a development worth Sh2 billion may be willing to risk paying Sh500,000 if caught,” Sakaja said.
He urged lawmakers to review the penalties under the Physical and Land Use Planning Act, 2019, to ensure that developers who disregard approved plans face consequences proportionate to their violations.
Section 57 of the Act provides for a fine not exceeding Sh500,000, imprisonment for up to two months, or both, for commencing development without the required permission.
Sakaja argued that such penalties may have limited deterrent effect on developers undertaking high-value projects.
“We need to review the law and introduce tougher, more effective penalties that will make developers think twice before violating construction regulations. Compliance must be the priority, not treating fines as an ordinary business expense,” he said.
The governor said Nairobi County follows the law when reviewing and approving building plans. Developers are also required to sign indemnity forms clarifying their responsibility for construction quality and compliance with approved standards.
However, he said some developers change their plans after receiving approval, raising concerns about compliance and public safety.
“However, some developers take advantage of the system. Once their plans are approved, they deviate from the approved designs and use their own methods of construction, disregarding the required standards,” Sakaja said.
He maintained that county approval does not transfer responsibility for the safety and quality of construction from developers to the county government.
The indemnity forms signed by developers clarify their responsibility but do not replace statutory obligations or prevent the county from exercising its lawful regulatory powers.
Sakaja also wants counties to have a stronger role in prosecuting construction-related offences.
He said county governments can identify violations and take enforcement action, including arrests where legally authorised, but prosecution is handled through the established national justice system involving the police and the Office of the Director of Public Prosecutions.
“Secondly, counties face limitations in enforcing these laws because we do not have independent prosecutorial powers,” he said.
The governor called for a review of the legal framework to establish whether appropriately authorised county officers could be given a greater role in prosecuting relevant offences, subject to legal safeguards.
“While this is the current legal framework, we believe there is a need to examine how counties can be empowered to enforce construction regulations more effectively, including whether appropriately authorised county officers should have a greater role in prosecuting relevant offences,” he said.
Sakaja argued that stronger enforcement powers would help counties hold developers accountable when they breach building regulations and improve protection for residents against unsafe structures.
His proposals place the Senate at the centre of calls to review the laws governing building approvals, penalties for construction violations and the enforcement powers available to county governments.
He maintained that tougher legislation, effective enforcement and meaningful penalties were necessary to ensure developers comply with approved designs and construction standards.
