A rights activist has petitioned the High Court to remove National Construction Authority (NCA) executive director Maurice Akech from office, alleging regulatory failures that contributed to fatal building collapses in Nairobi.
Francis Awino argues that Mr Akech is unfit to hold office due to alleged negligence, incompetence and failure to enforce construction laws, despite repeated warnings issued to developers.
The case arises from the collapse of a 12-storey mixed-use building in South C, Nairobi, on January 2, 2026, during construction. Developed by Abyan Consulting Limited, the structure collapsed while still under construction, trapping at least two people and injuring another.
Search and rescue operations continue in South C, Nairobi, following the collapse of a multi-storey building under construction on January 2, 2026.
Photo credit: Billly Ogada | Nation Media Group
Mr Awino says investigations by Nairobi City County and the NCA revealed multiple violations, including lack of approved structural plans, missing statutory inspections and failure to obtain mandatory geotechnical reports before construction began.
“The building was non-compliant at the time of collapse,” Mr Awino states in his affidavit, noting that construction exceeded the approved number of floors and proceeded without oversight from a structural engineer.
He argues that these failures point to systemic enforcement lapses in Nairobi’s construction sector.
The case questions whether Mr Akech neglected his statutory duty to stop illegal construction and penalise developers who violate safety standards.
Despite enforcement notices issued by Nairobi City County in May, July and December 2025, construction allegedly continued unchecked under NCA supervision.
The petitioner claims Mr Akech had direct authority over compliance but “failed to enforce regulations, halt construction, or sanction developers,” actions he describes as administrative maladministration and abuse of office.
He also cites Mr Akech’s alleged public admission of the building’s non-compliance after the collapse.
The lawsuit highlights recurring building failures in Nairobi, citing collapses in Zimmerman in 2023 and Kahawa West in 2024 as evidence of systemic regulatory shortcomings among agencies charged with public safety.
Despite repeated reform pledges, Mr Awino argues that enforcement gaps persist, undermining oversight and accountability.
He contends that Mr Akech’s actions violated constitutional rights to life, fair administrative action and access to safety information, while also breaching the National Construction Authority Act, the Physical and Land Use Planning Act and county building laws.
Mr Awino is seeking a court declaration that Mr Akech is unfit to hold office, as well as orders for his removal or suspension. He also wants immediate halts to non-compliant projects in Nairobi, accountability for enforcement failures between 2021 and 2026, and mandatory inspections and sanctions against violators.
“The urgency of this application arises from the ongoing risk posed by the respondent remaining in office,” Mr Awino states, warning that inaction could lead to further tragedies.
The petition also seeks declarations that Mr Akech violated constitutional and statutory provisions. The State Department of Public Works and Infrastructure and the NCA are listed as interested parties.
