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February 21, 2019

Our house of cards haina huruma

The Huruma dead and injured, and all Kenyans, are buried in the
rubble of a collapsing state, one built on the shaky foundations of
officially sanctioned impunity. There’s no one to pull them out
The Huruma dead and injured, and all Kenyans, are buried in the rubble of a collapsing state, one built on the shaky foundations of officially sanctioned impunity. There’s no one to pull them out

As I write this, rescue operations are still ongoing at the site of a collapsed seven-storey building in Huruma where at least 23 people lost their lives and 136, including a seven-month-old baby girl, have been pulled out of the rubble.

Sadly, building collapses are far from a rare occurrence in Kenya. According to one study, between 2006 and 2014, 17 buildings collapsed, killing 84 people and injuring nearly 300. These disasters are all predictably followed by public howls of outrage, government threats of retribution and politicians’ promises of “Never again”. Then it all quietens down, and nothing changes till the next tragedy.

This script is being followed in Huruma, right down to the VIP visits (though the police teargassing of opposition supporters accompanying Raila Odinga to the site was a new twist). Recriminations have already begun in earnest and after initially stressing the futility of finger-pointing and playing the blame game, worried public officials are busy scouting for scapegoats.

Already five people, including the building owners and three public officials, have been arrested but not yet been charged. But even when criminal charges are eventually preferred, history holds out little hope for justice. Two days after the collapse of another seven-storey building in the same neighbourhood which killed four people in January last year, Governor Evans Kidero suspended 18 county officials for failing to enforce the law. It is unclear what followed. No prosecutions appear to have been instituted and at least two, Rose Muema, chief officer in charge of Planning, and Justus Mwendwa Kathenge, director of Enforcement and Compliance, appear to have been reinstated once the public outcry died down.

Kathenge is today one of the three officials arrested in connection with the latest collapse. Following yet another building collapse, this time in Embakasi in 2011, which killed four and injured 14, Kathenge and the building owner, among others, were charged with manslaughter. However, he obtained High Court orders prohibiting his prosecution.

As with the latest disaster, it is instructive that two years prior, in 2009, the then Nairobi City Council had tried to stop the construction of the Embakasi building after finding that it had been illegally erected. However, the developer obtained a court injunction restraining the council. This is another feature of these tragedies: Constant complaints by government officials that the judiciary is standing in the way of enforcement of building codes and of prosecution of negligent officials.

But, like the cases they file, this contention falls apart on closer scrutiny. For example, when stopping Kathenge’s prosecution, Justice Isaac Lenaola said it was “baffling” that the state had not presented any evidence tying him to offences. It seems, as with the half-hearted suspensions six years later, there was little will to actually prosecute these cases to the fullest. What is presented as a judicial roadblock to effective executive action is in reality an abuse of the judicial system by an executive that is keen to assuage public anger while shielding its officials from the consequences of their failure to act.

Another Kenyan ritual that follows in the wake of such tragedies is the declaration of knee-jerk and poorly-thought out reactions. President Uhuru Kenyatta set the ball rolling with his illegal order for the arrest of the building owners. He followed this up with what one Twitter wag described as his “let-them-eat-cake moment” when he ordered the immediate eviction of persons living in unsafe residential housing. Of course, the President did not bother to explain where he proposed to resettle the millions whom this order would displace given that an audit by the National Construction Authority that he himself ordered last year found that 58 per cent of buildings in the capital were unfit to live in.

It is clear that the dead and injured in Huruma are more than just victims of a collapsed building.

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