Eastleigh developers' plight demands state's immediate attention

Every day, Yahya Gabayre, a developer, employs an average of 55 people to work on the various construction projects his company Al Heqla has been undertaking in Eastleigh.

Depending on their level of qualification, the workers earn between Sh1000 and Sh1500 a day for their services.

This means that on average, Yahya spends more than Sh2 million monthly to pay workers.

In addition, Yahya pays about Sh9 million to various state agencies to get the necessary approvals, certifications, and licenses for building, making him a major contributor to not only Eastleigh but to the country’s economy.

Despite his contributions, Yahya says that developers in Eastleigh have been neglected, with a majority of them not receiving adequate support from concerned state agencies to conduct their operations easily.

Even after spending millions to obtain licences, he still faces bureaucrats from the National Construction Authority (NCA) and county government offices who want bribes to issue him certificates and approvals.

“We generate so much money for the country but we don’t know where that money goes. Even something as simple as getting approvals takes so much time,” says Yahya.

Based on his research, he estimates that there are about 250 ongoing projects in Eastleigh. If each of these developers were to spend Sh2 million on salaries like himself, then they would be putting a total of Sh500 million every month into people’s pockets. Similarly, they would generate more than Sh2.2 billion annually for the government.

“If you go to other economies, investors who spend this kind of money are treated with respect, but here we are treated with contempt. We are considering forming a board or an association to lobby for our interests because so far no one is listening to us,” says Yahya.

Delays in approval and registration of projects have been a concern for developers in Eastleigh, with some complaining that these delays have stopped them from delivering on projects promptly.

This has caused friction with their purchasers and investors, some of whom have chosen to withdraw from projects after discovering they were taking too long to take off.

“When you push back the completion date, inevitably there comes a loss of trust and credibility from stakeholders, not just on the current project but on future projects as well,” notes Yahya.

He continues, "When a project is delayed, the pressure to complete it on time causes contractors to cut corners and focus less on quality. This often results in an output that doesn't match what the developer or other stakeholders expected."

While accepting that there is more that can be done to expedite approval processes, Domenic Mutegi, Director of Development Management at Nairobi City County, argues that developers in Eastleigh are yet to make use of the available provisions to fast-track the approval process.

"Delays in approvals, poor compliance enforcement, unauthorised developments, and lack of public sensitisation are key concerns. To address some of these challenges, the county has rolled out an online approval system that notifies the applicant on the progress of your approvals and you can also do your approval applications online,” noted Mutegi.

The online QR Code system provides a unique identification of all approved architectural and structural plans, eliminating the need for property developers to submit hard copies of development plans for stamping upon approval.

Mutegi notes even though such a system exists, many developers continue to seek approval from the county offices. This opens the door to corruption, as rogue officials may purposefully delay the approval process and persuade developers that the only way to speed it up is to pay a fee.

The County government of Nairobi has also formed an Urban Planning Technical Committee with key internal and external stakeholders from the built environment to ensure transparency and address the issues of endemic corruption.

“Through the Nairobi County Physical and Land Use Act, we aim to address these delays in approvals,” noted Mutegi.

The Regulation Act, currently in parliament, will play a crucial role in assisting to address issues concerning unauthorised developments propping up everywhere.

According to the National Construction Authority (NCA), there were 170 applications for development projects in Kamukunji between January and December 2023.

Maurice Aketch, National Construction Authority Executive Director says that because a lot of regulatory processes have now been digitised, making the approval process easier and more transparent, the only thing stopping some developers and contractors from complying is pure negligence.

He says that some developers opt to go to government offices not because they do not know how to use the online approval systems, but rather because they want to cut costs or bypass the approval process altogether.

“You do not even have to walk to NCA offices to get a compliance certificate. Sit in the comfort of your home, open your laptop, visit our official website, and apply. It is free of charge for your information, but compliance is still at a worrying 40 per cent,” notes Eng. Akech.

Complying with statutory regulations is important not only because it helps to safeguard the lives of building occupants, but also because it helps to protect investments and boost the longevity, and profitability of developments.

Failure to comply with guidelines has been identified as the most serious issue confronting the construction industry, alongside poor workmanship, a lack of professional supervision in construction, subpar building materials, negligence, and geological weaknesses.