9 November 2017

Kenya: Judiciary Accused of Laxity in Prosecuting Rogue Developers

The Architectural Association of Kenya (AAK) has accused the Judiciary of laxity in prosecuting developers, owners and architects responsible for collapse of buildings.

AAK President Emma Miloyo, while addressing journalists during the association's annual convention at Pride Inn Paradise Beach Resort in Mombasa, said there are sufficient laws to govern the industry but the culture of impunity has proved to be a challenge in punishing those found culpable.

"What we are seeing is the culture of impunity. We need to put people to task. When buildings collapse, something has gone wrong. To date we have not seen anyone put in, not a developer [or] a professional. There is no way we are going to solve this problem if nobody is brought to book.

"The collapse of buildings in the recent past has been one of the challenges facing our industry. It is beyond professionals, it touches on the culture of impunity as a country. Weak legal and regulatory frameworks remain at the centre of the myriad of challenges we face as Kenya." Ms Miloyo said.


The AAK president warned that the association will not hesitate to deregister any of their professionals involved in malpractice.

"We are committed to ensuring that together with the board of registration of architects and quantity surveyors, any professional who is found [with any] malpractice will be deregistered. We have already done that with three of our members." She added.

She said the association will come up with a framework to also tame quack architects.

National Buildings Inspectorate Secretary Moses Nyakiongora said the number of collapsing building in the country has gone down as compared to in 2014-2016.

"Our judicial systems are also very slow. Since 1996, there have been several buildings collapsing but I have never seen anyone being convicted.

Mr Nyakiongora urged the Judiciary to be efficient in prosecuting those found culpable.


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