Talanta Stadium contractor to face prosecution over worker’s death, labour violations - Mutua

The Ministry of Labour has moved to initiate prosecution proceedings against the Talanta Stadium contractor after it failed to address labour violations against Sammy Kyengo, a 35-year-old worker who died while working at the stadium construction site.

Appearing before the Senate on Wednesday, Labour Cabinet Secretary Alfred Mutua revealed that investigations by the Ministry found that Kyengo had been formally employed by the contractor, but some employment terms did not comply with labour laws.

“The Ministry, through its field officers mandated under Section 35 of the Labour Institutions Act to carry out workplace inspections, inspected the employment records relating to the late Sammy Chengo. It established that he had been formally engaged by the contractor under a valid employment contract at the time of the incident,” Mutua said.

He, however, noted that the inspection established that some terms of the employment contract did not meet the requirements of the Employment Act Cap. 226 and the Regulation of Wages (Building and Construction Industry) Order.

Mutua said on December 15, 2025, the contractor was issued with compliance directives requiring it to correct the violations, including calculating and paying all underpayment arrears owed to Kyengo and other employees.

“On December 15, 2025, the contractor was issued with compliance directives requiring it to address the deficiencies, including the calculation and payment of all underpayment arrears owed to the deceased and other employees,” Mutua said.

He said the contractor failed to comply with the directives, prompting the Ministry to issue a Notice of Intended Prosecution on January 15, 2026.

“After the contractor failed to comply, the Ministry issued a Notice of Intended Prosecution on January 15, 2026, for failure to rectify the anomalies and pay the outstanding arrears,” he said.

Mutua said the Ministry was preparing a case file to be submitted to the Office of the Director of Public Prosecutions (ODPP) to allow prosecution, enforcement of the law and recovery of unpaid dues.

“The Ministry is currently preparing a case file for referral to the Office of the Director of Public Prosecutions (ODPP) to facilitate prosecution, enforce the law, and recover the arrears owed. The file is expected to be submitted by next Monday,” Mutua said.

Kyengo was reported missing on September 6, 2025, while working at the Talanta Stadium construction site in Nairobi. His body was discovered a week later, on September 13, floating in a water sump behind terraces that were under construction.

An autopsy later revealed that Kyengo died from mild traumatic head injuries and drowning.

The discovery of his body raised questions over the circumstances surrounding his death, with investigators noting that he had visible injuries on the back of his head and neck. Blood was also seen oozing from his nose and mouth, while his phone had reportedly been offline since the day he went missing.

A colleague found the body at around 9:00 am while preparing the area for plastering.

Scene of Crime Investigators from Nairobi Area processed the site before moving the body to the Nairobi Funeral Home. Workers at the stadium said they were instructed not to report to the site on Saturday as investigations continued.

Kyengo’s wife, Christine Kyengo, said her husband had complained about delayed wages before he went missing.

“He told me the company had refused to pay them since July. He wanted to claim his money and quit the job,” she said.

Kyengo’s colleagues and family members described him as a peaceful man who had no known disputes. His nephew, Paul Kioko, said Kyengo’s death had affected his education plans because his uncle had been supporting him.

“He has been supporting me with school fees and rent. I don’t know how I will manage now,” he said.

The main contractor for the Talanta Stadium, also known as Raila Odinga International Stadium, in Nairobi is China Road and Bridge Corporation (CRBC).

Construction of the 60,000-seater stadium officially began with a groundbreaking ceremony held on March 1, 2024. The project is being supervised by the Kenya Defence Forces (KDF) Engineering Department.