Nairobi, Kenya aims at Regularizing Unauthorized Structures

A Collapsed floor of a building in Nairobi, Kenya

The collapse of a residential building on the 17th of December, 2014 in Makongeni and another one in Huruma on the night of the 4th of January 2015  has led to the Nairobi City County Government calling for an emergency recess to analyze and seek approval of the Nairobi City County Regularization of Developments Bill.

The Nairobi County Regularization Bill aims at bringing unauthorized developments under the umbrella of planning framework and providing basic facilities and infrastructure to the residents. This excludes unauthorized developments made on public land from regularization but includes regularizing unauthorized developments made up to the commencement (of the act), in conservation areas and those that have more than the required number of floors. It also intends to appoint an advisory committee for the purpose of law.

The Act proposes regularization of  unauthorized constructions put up on county or private land except those on existing or proposed roads, on land set aside for widening of railway lines, communications or other civic facilities or public utilities, forest cover, river banks, public amenities and land belonging to another person among others mentioned in Section 7 of the same.

Developments will have up to twelve months from the Act’s commencement  to apply for and obtain regularization, with the county government having the power to extend this period by not more six months. This will require owners of unauthorized structures to obtain a certificate of regularization from the county government.  During the regularization period, some amnesty will be given to projects that commenced before the commencement of the Act but conform to safety standards and directions.

There has been an increase in construction in Nairobi, Kenya

The Act proposes regularization fees and the demolition of all buildings not regularized upon the expiry of the regularization period.

Owners making changes to developments will assume all liability for any injury, damage or loss. Likewise it does not take the legal responsibility away from the professionals.

The Act also proposes the setting up of a regularization committee which includes a planner, surveyor, environmentalist, engineer, finance expert, architect, legal officer and the chief officers in charge of planning and lands from the county government. These shall be in charge of advisory, human resource and stakeholder mobilization tasks as well as overseeing  the regularization exercise.

The executive committee member will be in charge of ensuring full operationalization of the Act and establishing the necessary administrative arrangements for the same.

A Construction Site in Nairobi

According to Nairobi Planning Innovations, citizens can make comments to the office of the Nairobi County Assembly Clerk Via email and tweets to @NrdCityAssembly.

What do you think about the process of regularizing unauthorized structures? How can planning measures be enforced after the regularization process or are these part of the signs of a city that is growing as a rate that is too fast for the planning authorities?

Images by Constant Cap.Data Linked to Sources


How can Nairobi, Kenya deal with its ‘Buildings of Death’ ?

A Building comes up in Nairobi, Kenya

A recent study by a doctoral student at Carnegie Mellon University revealed that at least three out of four buildings in Nairobi would be seriously damaged in the event of a major earthquake. The report revealed that most concrete used in Nairobi lacks the required compressive strength. Among the causes listed for this include poor incentives for construction supervision with a high disparity between design fees and supervision fees for professionals (75% vs 25%), while contractors try to increase profits by reducing steel and concrete. In some parts of the county, almost 100% of the buildings were reportedly unsafe.

This report was strongly denied by the Governor of Nairobi, Dr. Evans Kidero, who questioned the methodology used for the study.

His denial was short lived as it was followed by the collapse of a residential building on the 17th of December in Makongeni and another one in Huruma on the night of the 4th of January 2015.  This led to a presidential order requiring an audit of all buildings in the County. The Governor  also took stern action, suspending 18 officials  and bringing together professionals to form a task force to look into the collapsed buildings.

Sadly, the collapsing of buildings is not a new affair in the City County of Nairobi. In 2006, a building collapsed while under construction, killing 11 and trapping many alive underneath. In 2012, a similar case saw four persons buried alive. In January 2014, another building collapsed not far from the Central Business District within an area popular with up country travelers.

Local Governments have continually been blamed for this though little effort has been made to improve the situation. Another report revealed that 65% of buildings in low income areas are not fit for human habitation. A recent television report portrayed several buildings in the city of Nairobi as ‘Buildings of Death’ with several not conforming to health and safety regulations.

City Hall, Nairobi, Kenya

Columnists have also blamed local governments, professionals and investors for this continued state of affairs.  With the continued rapid urbanization and consequent demand for housing, there is need for urgent action to be taken as we go deeper into this catastrophe.

A study done at the University of Nairobi in 2006 on the same recommended better training of clients and awareness of the benefits of always including registered professionals in their projects. It also recommended more active participation of government and professional bodies in supervision of projects.

What would be the best way for a growing city to deal with uncontrolled growth and development? How best can this trend be reversed considering the large number of unauthorized constructions in the city?

Images by Constant Cap. Data Linked to Sources