AFRICA NEWS
Zero tolerance on suspension defiance
Public Works principal secretary in Nairobi,
Kenya, Prof. Paul Maringa, declared a zero-
tolerance policy on defying of suspension
notices by developers across the country.
In late November 2018, Prof. Maringa
stated that the government will not
compromise on non-compliance with the
law. “It is important that we ensure the law
is followed in the construction process so
that we protect lives and livelihoods. We
have developers who have been behaving
like they are above the law but today, I
want them to know that nobody is above
the law and that under no circumstances
can an illegality be legal.”
Prof. Maringa further urged
members of the public to cooperate in
the process at their respective levels.
The Kenyan government will not compromise on non-compliance with the law and has adopted
a zero-tolerance policy on defying of suspension notices by developers.
“We’ve shared part of the list of
notorious contractors and developers “Currently, we have over 3 000 assurance, part of which has been shared
so that you in the media can inform construction sites that have defied by the Police Service,” said Akech.
the public and so that the guilty can suspension notices by the NCA, a “The majority of all sites that have been
stop pretending they don’t know majority of them being in Nairobi County, suspended do not have a registered
that they are breaking the law. If by especially in informal settlement areas contractor, nor the necessary consultants
chance you had built your structure such as Huruma, Githurai, or Gachie. such as the engineers or architects. This
without following due process, it won’t Copies of all suspension notices are shared is a recipe for disaster, because it means
automatically be demolished; you with the county government, the Kenya that construction is meant to progress
can apply for regularisation through Police Service, as well as the Directorate with no supervision, which is what leads
National Construction Authority of Criminal Investigations,” Prof. Maringa to structural collapse. From the list we’ve
(NCA) or even the State Department said. “All developers are put on notice shared, you can see that the majority
of Public Works. If your structure is that all measures necessary will be taken of the notorious sites are proposed
sound, it will be given a clean bill of to ensure they comply with the law. We residential developments meant for
health and you will not have to hide all are working closely with the enforcement occupation by members of the public.
the time,” he added. agencies to ensure the same.” If we do not act, all these houses pose a
Currently, the construction process
threat to potential occupants,” said Akech.
begins with approvals from the respective on 8 August 2018, at the Intercontinental country government, as well as the National Hotel in Nairobi, representatives of the has been instrumental in assisting the
Environment Management Agency (NEMA) NCA, the State Department of Housing Authority with enforcement, issuing
and the Water Resources Authority (WRA). and Urban Development, and dmg events court orders barring developers from
The Land and Environment Court
presented the National Construction proceeding until they have complied
on construction sites, checking for Week to the media and highlighted how with all regulations. NCA is also in the
compliance with seven guidelines: a it will support the government’s ambition process of amending its enabling Act to
registered contractor on site, accredited to enrich the local economy. NCA Ag. enhance enforcement powers.
construction workers, personal protective executive director Eng. Maurice Akech, equipment for those working on site, appealed to all developers to comply with demonstration of the government’s
registration of the construction project, the laws governing the sector. commitment to protecting its citizens
The NCA conducts quality assurance
hoarding of the site, a site board showing
6
Speaking at a press conference held
“NCA publishes a list of all construction
“The ongoing demolitions are a
from shoddy construction,” Prof.
full approvals and consultants engaged sites that have defied suspension Maringa said. “Rest assured we will
in the project, as well as safety signage notices on the Authority’s website, to aid not rest until full compliance with the
on site. transparency when it comes to quality relevant legislation is attained.”
FEBRUARY 2019
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