A legal battle has erupted over the performance of the National Construction Authority (NCA) Executive Director, Eng. Maurice Akech, with a human rights activist urging the High Court to declare him unfit for office and remove him from his position over alleged massive regulatory failures in Kenya’s construction sector.
The petition filed by activist Francis Awino before Justice Lawrence Mugambi, accuses Akech of gross negligence, incompetence and systemic failure to enforce key safety and construction laws, lapses that resulted in avoidable tragedies and unsafe buildings across the country.
Triggering Incident: South C Collapse
The case center’s on a 12-storey building in South C, Nairobi, which collapsed on January 2, 2026, killing two people while still under construction. Investigations showed the structure lacked approved structural plans, did not undergo mandatory inspections, and exceeded its authorized height , yet construction went on unchecked.
Court filings reveal that multiple enforcement notices were issued to the developer and contractor in 2025, but neither the NCA under Akech’s leadership nor other authorities halted construction.
Pattern of Regulatory Lapses
According to the petition, the South C disaster forms part of a broader pattern of regulatory failure under Akech’s tenure stretching back to building collapses in Zimmerman (2023) and Kahawa West (2024) both involving structural defects, poor oversight and ignored warnings.
Recent data also suggest that a large proportion of buildings inspected in Kenya pose collapse risks, raising concerns about public safety and enforcement effectiveness.
Calls for Accountability
Professional bodies have criticised the regulatory environment, questioning who is truly responsible for ensuring compliance on building sites and urging measures such as blacklisting non-compliant contractors and mandatory public safety disclosures.
The petition seeks a formal declaration that Akech is unfit to remain in office, immediate suspension or removal, and orders for halt of non-compliant constructions, full accountability for enforcement lapses between 2021 and 2026, and enforcement actions against violators.
Government and Public Response
While the activist’s case unfolds in court, authorities have expressed commitments to holding those responsible for the South C collapse accountable. However, critics argue that such promises must extend to regulators themselves, especially when oversight failures may have contributed to the loss of life.
As the petition moves through the legal process, the core question remains: Should Kenya’s top construction regulator be held personally accountable for systemic safety failures under his watch? The High Court’s ruling could set a significant precedent for regulatory accountability and public safety standards in the construction industry.
