The Office of the Director of Public Prosecutions (ODPP) has instructed the Directorate of Criminal Investigations (DCI) to investigate the collapse of a multi-storey building in Eastleigh, Nairobi, amid revelations that the prosecution office had not received an inquiry file from the county government concerning possible irregularities in the property’s construction.
In a statement issued on Monday, October 26, 2026, the ODPP said the investigation would determine whether the developer, contractors, construction professionals or county officials were involved in any actions or failures that may have contributed to the incident.
The office noted that Nairobi City County Government had not submitted an inquiry file seeking prosecutorial review and directions over suspected 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 as questions mount over building approvals, compliance with construction safety requirements and the enforcement of regulations by county authorities following the collapse. The incident reportedly resulted in injuries, property damage and people being reported missing.
Citing Article 157(4) of the Constitution, the DPP directed the DCI to carry out comprehensive investigations into the circumstances that led to the collapse.
Investigators will be required to forward their inquiry file to the ODPP once the probe is complete, allowing prosecutors to independently assess the findings and determine the next course of action.
“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.
The ODPP’s announcement has also brought renewed attention to correspondence sent by Nairobi Governor Johnson Sakaja to the office on April 16, 2026, in which he highlighted difficulties the county was experiencing in prosecuting offences arising from violations of county laws.
Sakaja attributed the challenges partly to the revocation of the gazettement of special county prosecutors in early 2024. He argued that cases involving county offences had encountered delays, rejection of charge sheets or dismissal.
The governor asked the ODPP to gazette special county prosecutors, review charging guidelines and consider six officers nominated by the county to improve the handling of cases involving breaches of county legislation.
“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 county’s nominees were advocates Margaret Mutsili, Pamela Awino Joel, Metrin Mmboga Esialia, Juliet Ajiwang and Caroline Kamau, as well as paralegal Amos Gitahi.
Sakaja urged the ODPP to approve their appointment, saying the move would help resolve prosecution difficulties and strengthen enforcement of county laws.
The offences highlighted in his letter included public nuisances, unregulated businesses, illegal dumping, licensing breaches and violations of the Building Code and the Physical and Land Use Planning Act, 2019.
Investigators are expected to scrutinise the responsibilities of county officials, the developer, contractors and other construction professionals involved in the building’s planning, approval, supervision and construction.
The inquiry will seek to establish whether shortcomings in regulatory oversight, professional conduct or compliance with construction requirements played a role in the collapse.
However, the ODPP’s statement did not identify any individual or organisation as having committed a criminal offence in connection with the incident.
The prosecution office also warned developers, contractors, construction professionals and public officials against disregarding building regulations, safety standards and mandatory approval procedures.
It extended its sympathies to those who sustained injuries and individuals whose property was damaged or lost in the incident. The office maintained that any actions found to constitute criminal offences would be addressed in accordance with the law.
