The Institution of Engineers of Kenya, Institution of Surveyors of Kenya and Architectural Association of Kenya have raised concerns over gaps in Nairobi’s development control system, calling for urgent reforms to strengthen building approvals, planning and enforcement.
The professional bodies made the submissions before the Nairobi City County Assembly Sectoral Committee on Lands, Housing and Planning, where they pushed for the revival of key technical committees and the implementation of a clear development control policy to guide construction and development across the city.
AAK Vice President Brenda Nyawara made the remarks after appearing before the Nairobi City County Assembly Sectoral Committee on Lands, Housing and Planning to make submissions on the pending development control policy.
Nyawara said Nairobi urgently needs a functional policy to guide planning and development control in the built environment.
She said the policy should be anchored on local physical development plans that provide guidance on plot ratios, ground coverage, building lines, zoning and other requirements governing construction in the city.
“We do have to take in the input of associations when we give them and also just to ensure that their feedback loop is also maintained because we do participate a lot in giving feedback to the county,” Nyawara said.
She called for professional associations including architects, engineers, planners, landscape architects and quantity surveyors to be properly represented in the Urban Planning Technical Committee (UPTC) and the liaison committee.
According to Nyawara, the county should facilitate the operations of the two committees which play a critical role in development control.
Building safety concerns
Nyawara said the absence or limited functionality of the committees has created serious questions over how development approvals are processed and enforced.
She questioned who reviews technical submissions made through the county’s online portal, who approves them and whether approved developments are subsequently monitored for compliance.
“What guides how tall buildings go up? What guides what kind of developments are put up in terms of zoning?” she posed.
She warned that weak enforcement could have serious consequences, particularly where buildings fail to comply with approved plans and construction regulations.
“We cannot have buildings collapsing and then we go back to try and ask who is responsible for all this,” she said.
Nyawara also linked gaps in the system to possible opportunities for corruption, saying failure to follow established physical planning laws puts the public at risk.
She however cautioned against completely stopping the approval process, saying such a move would affect professionals, developers and thousands of people whose livelihoods depend on the construction industry.
She instead called for clear timelines and updated planning instruments that would allow approvals to continue under a properly regulated system.
Majiwa vows to strengthen oversight
Baba Dogo MCA Geoffrey Majiwa, who chairs the Nairobi County Assembly Planning and Housing Committee, said the assembly would focus on ensuring the two committees are properly constituted and able to discharge their mandate.
Majiwa raised concerns over reported delays and interruptions on the county’s development approval portal.
He questioned why the system could sometimes be unavailable and whether some officers could be deliberately slowing down approvals.
He also questioned why buildings that allegedly fail to comply with existing building codes and regulations continue to receive approval.
“Our role is to ensure that those committees deliver on their mandate,” Majiwa said.
He acknowledged concerns over the effectiveness of the committees and said the assembly would examine possible interference affecting their operations.
Majiwa said such interference could involve both political and professional actors.
He warned professionals against submitting drawings that do not comply with regulations.
“We will not, as a committee, allow a scenario where you find an architect coming to City Hall with bogus drawings and using his own means to get it approved and then goes out there and have this building collapse and kill people,” he said.
Majiwa said the committee would consider action against professionals found to be submitting fraudulent or non-compliant plans.
Questions over county approval system
The MCA also addressed concerns over the county’s online system allegedly capturing individuals rather than firms.
He said the system may need to be enhanced to capture more information and improve accountability.
Majiwa said the assembly could bring in technical experts to help establish whether weaknesses in the system are technical or whether there is deliberate manipulation for personal gain.
He said the oversight process would seek to establish what happens at every stage of development approval and enforcement.
On the controversial development control policy, Majiwa said developers and professionals should work within the policy framework that remains legally applicable.
He noted that developers are making significant investments in Nairobi and should not be exposed to uncertainty caused by unclear planning rules.
“You cannot just allow people to invest heavily on uncertainty,” he said.
The submissions come amid continued concerns over development control in Nairobi, including building safety, approval delays, zoning and enforcement of planning regulations.
