Kenya: 'My Hands Are Tied' - Sakaja Blames Laws for Illegal Buildings

What the report says

Nairobi Governor Johnson Sakaja told senators that the city county’s efforts to curb illegal construction are being hampered by a legal framework he считает too weak to deter violators. Speaking before the Senate Roads and Transportation Committee, he argued that developers often ignore enforcement notices, continue building, or challenge county action in court, leaving the county with limited room to stop noncompliant projects.

According to the AllAfrica-distributed Capital FM report, Sakaja wants Parliament to strengthen development-control laws, raise penalties, and restore some prosecutorial authority to counties. He said current sanctions, including a fine of up to Sh500,000 and a short jail term, are not enough for large projects worth far more. He also said county teams spend significant time and money identifying illegal structures, including buildings that exceed approved heights or encroach on roads, drainage corridors and other public spaces.

The article places Sakaja’s complaints in the broader devolution debate over who should enforce county laws. It notes that earlier local-government powers were reduced under the current legal framework, with prosecution now handled through the Office of the Director of Public Prosecutions and county cases going through the national court system. The Judiciary has maintained that justice is a national function, while Nairobi officials have argued the changes have weakened enforcement and affected revenue from fines.

Senators questioned why Nairobi had not moved faster to address loopholes. Some pressed for shorter deadlines to regularize buildings and stronger action against encroachment on public land. The issue matters because weak enforcement can affect safety, drainage, urban planning and the rights of residents who may buy property in good faith.