ODPP reveals missing inquiry file after Sakaja’s Eastleigh building claims
ODPP reveals missing inquiry file after Sakaja's Eastleigh building claims
The Office of the Director of Public Prosecutions (ODPP) has revealed that Nairobi County had never forwarded an inquiry file on the Eastleigh building’s construction for prosecutorial review.
In a statement on Monday, October 26, 2026, the ODPP said it had not received a file concerning possible wrongdoing by the developer, construction professionals or county officials involved in the project.
“The Director of Public Prosecutions (DPP) wishes to clarify that, as of the date of this statement, no inquiry file relating to the construction of the building has ever been forwarded to the Office by the Nairobi City County Government regarding malfeasance by the private developer, professionals or county government officials for perusal and directions,” the ODPP stated.
The file would have allowed prosecutors to review the allegations and determine whether further investigations or prosecution were warranted.
The revelation comes amid renewed scrutiny of Nairobi County’s enforcement of building regulations following the collapse of a multi-storey building in Eastleigh on Friday, October 23, which left several people injured and others reported missing.
By Sunday, October 25, 47 people had been reported missing, with nine traced to their families, according to a government update.
A letter dated April 16, 2026, purports that Governor Johnson Sakaja had previously raised concerns with the ODPP over challenges the county faced in prosecuting offences under its laws.
In the letter, Sakaja said enforcement had been weakened since the gazettement of special county prosecutors was revoked in early 2024. He cited cases in which county-related charge sheets were allegedly declined, delayed or dismissed.
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The governor asked the ODPP to gazette special county prosecutors, review charging guidelines and approve six county-nominated officers to help handle cases arising from breaches of county laws.
In its statement on Monday, October 26, the ODPP said the Director of Public Prosecutions had directed the Directorate of Criminal Investigations (DCI) to conduct a thorough investigation into the collapse.
The probe will examine whether any acts or omissions by Nairobi County officials, the private developer, contractors or other professionals involved in the building’s planning, approval, supervision and construction contributed to the incident.
The DCI is expected to forward its investigation file to the ODPP for independent review and directions. The prosecution agency said criminal proceedings would follow if the evidence established sufficient grounds to hold any of those involved criminally responsible, regardless of their position or status.
The ODPP also cautioned against disregarding building regulations and approval requirements, emphasising the need to establish accountability for the collapse.
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