Two arrested as state cracks down on rogue contractors, developers in Mombasa

The government is cracking down on contractors and developers who deviate from approved designs to put up buildings that are not legal.

An audit by the National Construction Authority shows greedy developers and unprofessional contractors are responsible for most failed buildings that collapse in Mombasa.

The authority on Friday said most developers often seek approval for certain designs then add extra unapproved designs.

Two people were arrested after a sting operation by the authority for extending their buildings beyond what was approved.

One developer had his building approved for seven floors but had already reached the 14^th floor when the NCA officials and police arrived at the site.

“Legally, if any defiance is found, the law is very clear that they can be charged, and if found guilty, there is a fine of Sh3 million or imprisonment of three years or both,” NCA compliance and enforcement manager Stephen Mwilu said.

The Mombasa county government said on Friday they are cracking down on such developers and contractors. 

The county executive in charge of lands, urban planning and housing, Mohamed Hussein, said there has been a significant increase in ongoing developments that do not comply with the conditions of approval and other development requirements.

This poses risks to public safety, orderly urban development and the environment.

“Despite previous notices and enforcement warnings issued to developers and property owners, a number of non-compliant developments continue unabated,” Hussein said in a public notice on Friday.

The executive said at least 10 people have been arrested and charged for going against approved designs.

“We will not allow greedy developers and unprofessional contractors to risk the lives of Mombasa people because of money,” he said.

He noted some developers have even used fake contractors who they can manipulate into going beyond what has been approved by the authorities.

“You find that a developer uses certain contractors who are not registered with the county and who do not have requisite licenses. These are the ones who are told to add extra floors, and they do it without question. Professional contractors would not do such things,” the CEC said.

Mwilu said the authority does not go for the workers, saying they are not responsible for any wrongdoing.

The compliance and enforcement manager said they usually go for the most responsible person, mostly the developer and the contractor.

“We have noted areas whereby construction site workers run away because they are the ones found on site. We appeal to them not to run. We want them to assist us to get the developer, the contractor, and the most responsible persons so that they can be pushed to comply,” Mwilu said.

Mwilu said there are sites that are not registered with the authority; therefore, the authority does not know the parties involved, including the developer and the contractor.

This is where the workers on the ground assist the authority in knowing and getting the developer and the contractors.

He called on developers to comply with approved designs.

He said the foundations of buildings are done based on the approved designs.

Adding extra floors for a building designed for only seven floors risks the integrity of the building and this could lead to loss of lives when they collapses under the extra weight.

He said contractors have the right to refuse to add extra floors without approval even when pushed by their bosses who are the developers.

“Contractors are supposed to be professionals. There is nothing like being forced by a developer to add extra floors. You need to do the right thing, professionally,” Mwilu said.

“It is a shared responsibility. The developer, the contractor, the consultant, and members of the public – we all want to save lives. NCA’s mandate of overseeing and coordinating the construction industry is to make sure that we have a safe working environment.”

INSTANT ANALYSIS:

Mombasa county authorities frequently identify and conduct controlled demolitions of structurally unsound, sinking, or illegal high-rise buildings across the county to prevent tragedies. Several major operations have taken place, including the highly publicized demolition of an 11-storey building in Kilifi area of Mombasa in April 2025 and a recent incident in Bombolulu.