The National Construction Authority (NCA) has raised concern over what it describes as an increasing number of unauthorised alterations to high-rise buildings in Mombasa, warning that the practice is putting lives at risk as the county continues to experience rapid urban development.
The authority says some developers are adding extra floors to buildings without obtaining the required approvals, despite the potential impact such changes can have on a structure's stability.
It also accused some developers of ignoring suspension orders and continuing with construction even after inspectors had halted projects for breaching building regulations.
The NCA carried out an enforcement exercise across several construction sites in Mombasa, targeting developments suspected of violating approved building plans. The inspections focused mainly on buildings where additional floors had allegedly been erected without fresh approvals from the relevant authorities.
During the operation, one developer was arrested and taken to Makupa Police Station after allegedly extending a building beyond the seven floors that had initially been approved.
Although the developer told inspectors that an application seeking approval for the additional floors had already been submitted, NCA officers maintained that construction should not have proceeded before formal authorisation was granted.
NCA Compliance Manager Architect Stephen Mwilu said the authority had also established that some developers replace contractors after obtaining approvals, a practice he said can compromise quality and public safety, particularly where unregistered or unqualified contractors are engaged.
Mwilu said the inspections are part of the authority's routine quality assurance programme conducted across the country to ensure compliance with construction laws and protect members of the public.
According to him, inspectors verify whether projects are registered with the NCA, contractors hold valid practising licences, construction workers are accredited, and qualified consultants are overseeing the developments.
"Our role is to regulate and coordinate the construction industry to ensure all legal requirements are complied with. Where non-compliance is identified, we suspend the project until the issues are addressed," he said.
He warned that developers and contractors who disregard suspension notices could face prosecution, with the law providing for penalties of up to Sh3 million, imprisonment for up to three years, or both.
Mwilu, however, clarified that enforcement efforts are primarily directed at developers and contractors rather than construction workers.
He urged workers not to flee whenever inspection teams arrive, explaining that officers only require their assistance in identifying the developers and contractors responsible for the projects under investigation.
The authority said it is increasingly encountering developments where buildings approved for a specific number of floors are later extended without fresh structural assessments or regulatory approval from the county government and the NCA.
Mwilu warned that increasing the height of a building without confirming whether the foundation can safely support the additional load poses a serious danger to both construction workers and future occupants.
He linked the trend to the partial collapse of an 11-storey building in the Kilifi area of Mombasa in April last year, an incident that claimed one life before the unstable structure was demolished by the Kenya Defence Forces (KDF) on April 9.
"We must agree on the number of floors at the planning stage and adhere to the approved design. Constructing additional floors without verifying the building's structural capacity places people's lives in danger," he said.
A task force appointed by Mombasa Governor Abdulswamad Nassir to investigate the collapse concluded that the disaster resulted from engineering failures and weaknesses in regulatory oversight.
The inquiry found evidence of credential renting by licensed engineers and architects, inadequate inspections by county officials and the NCA, poor supervision, and the involvement of unqualified individuals in professional roles.
Investigators also cited serious design shortcomings, the absence of essential site investigations and geological reports, and weak professional oversight as key factors that contributed to the building's failure.
Mwilu dismissed claims by some contractors that they are forced by developers to undertake unauthorised extensions in order to secure work.
He said construction professionals have a legal obligation to uphold industry standards regardless of commercial pressure.
He said any proposal to add more floors must first be supported by a structural integrity assessment before obtaining fresh approvals from the county government, the National Environment Management Authority (NEMA) and the National Construction Authority.
While acknowledging that enforcement remains difficult because some developers deliberately ignore the law, Mwilu stressed that ensuring safe construction requires cooperation among regulators, developers, contractors, professionals and the public.
He added that the NCA will continue conducting awareness campaigns for contractors and construction workers across the country while maintaining joint enforcement operations with the National Police Service and the National Government Administration to curb illegal construction practices.
The enforcement drive comes as the Mombasa County Government also announced an immediate countywide crackdown on developments that fail to comply with approved building plans and statutory requirements.
Lands CEC Mohamed Hussein said he had recorded a rise in construction projects that breach approval conditions despite previous warnings, exposing the public to safety risks and undermining orderly urban planning.
He warned that developers and property owners found violating planning regulations would face enforcement measures, including legal action, and urged all developers to ensure their projects have the necessary approvals and fully comply with the law.
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