The Office of the Director of Public Prosecutions (ODPP) has directed the Directorate of Criminal Investigations (DCI) to investigate the collapse of a multi-storey building in Eastleigh, Nairobi, revealing that it had not received an inquiry file from the county government over possible wrongdoing in the construction of the property.
In a statement dated Monday, October 26, 2026, the ODPP said the investigation would establish whether the developer, contractors, construction professionals or county officials committed acts or omissions that contributed to the incident.
The office clarified that Nairobi City County Government had not forwarded any inquiry file for review and directions regarding possible misconduct linked to the building.
"The Director of Public Prosecutions (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 regarding malfeasance by the private developer, professionals or county government officials for Perusal and Directions," the ODPP stated.
The directive comes amid renewed scrutiny of building approvals, construction safety standards and county enforcement following the collapse, which reportedly caused injuries, property damage and left people missing.
The DPP invoked Article 157(4) of the Constitution to direct the DCI to conduct thorough investigations into the circumstances surrounding the disaster.
Upon completion, investigators are expected to submit their inquiry file to the ODPP for independent review and further directions.
"Where sufficient evidence establishes criminal culpability, the ODPP shall take the necessary prosecutorial action against any persons found responsible, irrespective of their position or status," the statement added.
Sakaja’s Earlier Letter to ODPP
The latest development has also drawn attention to a letter Nairobi Governor Johnson Sakaja sent to the ODPP on April 16, 2026, raising concerns about difficulties the county faced in prosecuting offences arising from violations of county laws.
In the letter, Sakaja linked the challenges to the revocation of the gazettement of special county prosecutors in early 2024, claiming that charge sheets involving county offences were being rejected, delayed or dismissed.
The governor requested the gazettement of special county prosecutors, a review of charging guidelines and consideration of six county-nominated officers to strengthen the handling of cases arising from breaches of county laws.
"I write to bring to your attention the challenges Nairobi City County Government has been encountering in the prosecution of matters arising from breach of county laws. To address these challenges and restore effective enforcement, we kindly request gazettement of Special County Prosecutors to enhance efficiency in prosecuting county offenses, we request the formal gazettement of county prosecutors to handle matters arising from breach of laws implemented by the County," the letter stated in part.
The nominees were advocates Margaret Mutsili, Pamela Awino Joel, Metrin Mmboga Esialia, Juliet Ajiwang and Caroline Kamau, alongside paralegal Amos Gitahi.
Sakaja asked the ODPP to approve their appointment to help address the prosecution challenges and improve enforcement of county laws.
He cited offences involving public nuisances, unregulated businesses, illegal dumping, licensing violations and breaches of the Building Code and the Physical and Land Use Planning Act, 2019.
Investigations to Examine Possible Regulatory Failures
The Eastleigh probe will examine the roles played by county officials, the private developer, contractors and other professionals involved in planning, approving, supervising and constructing the building.
The investigation is expected to establish whether failures in regulatory oversight or professional conduct contributed to the collapse. However, no individual or organisation has been established as criminally responsible in the ODPP's statement.
The ODPP also cautioned developers, contractors, construction professionals and public officials against disregarding building regulations, safety standards and statutory approval requirements.
The office expressed sympathy to those injured and people who suffered property losses, reiterating that any conduct amounting to a criminal offence would be dealt with in accordance with the law.
The DCI's findings will determine whether the evidence warrants prosecution, with the ODPP pledging to take action against any person found culpable regardless of their position or status.
