The recent demolition of a condemned building in Mombasa County has reignited a longstanding debate about the state of Kenya’s construction industry and the safety of its citizens. While the act was a commendable assertion of public authority in the interest of safety, it simultaneously underscored the literal and institutional cracks that threaten to bring down not just buildings but public trust and regulatory credibility.

Kenya’s urban landscape is transforming rapidly. From the expanding skyline of Nairobi to the burgeoning real estate markets of Kisumu and Eldoret, construction is booming. This surge, however, has been accompanied by a worrying trend: the frequent and often deadly collapse of buildings. In the last decade alone, dozens of incidents have been reported, many resulting in fatalities, injuries, and long-term trauma for survivors. These tragedies are not simply engineering failures but systemic governance failures that demand urgent policy attention.

The regulatory framework governing construction in Kenya is, on paper, comprehensive. The Building Code, revised in 2020, outlines minimum standards for structural integrity, safety, and design. Supplementary regulations from bodies like the Kenya Bureau of Standards (KEBS) and the Environmental Management and Coordination Act (EMCA) provide further oversight. Most notably, the National Construction Authority (NCA), established in 2011 through the National Construction Authority Act, was tasked with bringing sanity to an industry long dominated by rogue developers and unqualified contractors.

However, despite these structures, the implementation gap remains gaping. A closer examination reveals a troubling pattern: developers circumvent regulations through bribery, county governments fail to enforce compliance, and oversight agencies operate in silos. In the aftermath of every collapse, a flurry of investigations follows, but the cycle of impunity remains unbroken.

One of the critical shortcomings lies in the approval and inspection processes. Building plans are typically reviewed and approved by county governments, which are meant to ensure adherence to zoning laws, safety standards, and environmental considerations. Yet, buildings often proceed without proper approvals due to capacity constraints, corruption, or both. Moreover, site inspections, if they happen at all, are often superficial. In some cases, buildings have been found to have more floors than approved, constructed with substandard materials, lacking proper foundations, and exhibiting flagrant violations that could have been prevented with competent oversight.

The NCA, which was created to accredit professionals, register contractors, and monitor compliance, faces its share of challenges. With a lean workforce overseeing thousands of ongoing projects, the authority is often reactive rather than proactive. According to the NCA’s records, as of 2024, over 70% of building projects in Nairobi were found to be non-compliant during routine spot checks. Though provided by law, the Authority’s enforcement powers are frequently underutilised, often hamstrung by political interference and bureaucratic inertia.

Consumer protection in the construction industry is nearly non-existent. Unlike other sectors where defective goods can be returned or services challenged, compromised buildings place lives at risk in irreversible ways. Tenants often have no way of verifying the structural integrity of their premises. There is no centralised database of compliant buildings, no certification label affixed to safe buildings, and no recourse when a developer cuts corners. The illusion of safety is propped up by aesthetics – a coat of paint masking weak walls and poor workmanship.

Technical expertise is often overlooked in favour of short-term gains and profit-driven decisions, leading to a cycle of preventable tragedies. This approach undermines specialised knowledge and puts communities at risk, as essential safety measures are neglected for financial reasons. Until we shift from merely reacting to disasters to proactively preventing them, we will continue to bury lives under the rubble of negligence. A more responsible, forward-thinking approach is crucial to safeguarding lives and protecting communities.

It is also essential to consider the role of training and professional accreditation. While the country produces many engineers, architects, and quantity surveyors annually, the demand far exceeds the capacity. In this vacuum, unqualified workers, fundis without certification or training, are routinely hired for technical roles. The NCA has attempted to bridge this gap through a grading and training framework for artisans, but enforcement is weak, and awareness remains low. As a result, structural errors abound; columns are misaligned, reinforcements are inadequate, and load distributions are miscalculated.

This crisis is further complicated by the issue of urbanisation and informal settlements. Nairobi’s Kibera and Mathare, as well as Mombasa’s Likoni, demand for housing far outpaces supply. This has fuelled the proliferation of informal structures, many built without plans, permits, or professional input. In these spaces, the state is virtually absent. Here, the issue is not only about standards but equity too, more so on enforcing safety without displacing the poor or criminalising poverty.

From a policy standpoint, several reforms are overdue. First, there is a need for integrated oversight. Currently, responsibilities are fragmented among national bodies like the NCA and KEBS and county-level departments. A unified, digitised construction compliance system accessible to inspectors, developers, and consumers would improve transparency. Such a system could provide real-time tracking of project approvals, inspection reports, and contractor licensing.

Secondly, enforcement mechanisms must be strengthened. Demolitions, though dramatic, should not be the primary tool for accountability. A functional deterrent framework would include hefty fines, blacklisting of repeat offenders, and even criminal prosecution where gross negligence leads to loss of life. Additionally, insurance must be mandated for all residential and commercial buildings to ensure liability coverage in the event of failure.

Thirdly, public education is critical. Consumers must be empowered to demand safety. Tenants should know what compliance certificates look like, how to verify building approvals, and where to report irregularities. The NCA’s public engagement strategy needs to move beyond occasional awareness weeks to sustained, grassroots-level education campaigns.

Fourth, political will must be unflinching. The construction industry is lucrative, with influential players who wield significant sway. Regulatory capture is a real threat. Policy reforms will only be effective if they are protected from political manipulation. This calls for the independence of enforcement agencies and protection for whistleblowers.

Finally, we must embrace innovation. Kenya is well-positioned to deploy digital tools like drones for structural inspection, AI for risk prediction, and blockchain for approval traceability. Several startups are already working on solutions to digitise compliance checks and provide consumer access to building information. These efforts must be supported through public-private partnerships.

The issue of building safety is not merely technical. It is fundamentally a question of governance, accountability, and justice. Each collapse is not just an accident but a result of collective failure. The Mombasa demolition is a start, a signal that the state is willing to act. However, it must be followed by consistent nationwide enforcement and a recalibration of policy to prioritise human life over profit margins.

The country stands at a crossroads. The construction industry can be a pillar of economic growth and job creation or a symbol of greed, incompetence, and death. The difference lies in whether we choose to confront uncomfortable truths or continue to cover up the cracks.