Maurice Akech, the executive director of the National Construction Authority, promised Kenyans the release of the new Kenya Building Code in the first quarter of the 2023-24 financial year. However, that deadline has come and gone with no code in sight.
This delay, coupled with a recently reported budget cut of Sh1.3 billion for the NCA, raises serious concerns about the future of building safety and regulatory controls in Kenya.
Adding to the precarious nature of the building code regulatory regime in Kenya is President William Ruto's recent about-turn on an earlier directive about the height of buildings in Eastlands.
Presiding over 60 years of the Kenya Air Force celebrations at the Moi Airbase in Eastleigh, Ruto contradicted his earlier directive for storeyed buildings to go beyond 25 floors. This inconsistency highlights the lack of a clear and well-defined policy framework surrounding building codes in Kenya.
The current building code, established in 1968, is outdated and fails to address the complexities of modern construction. The NCA has been working on a draft of the National Building Regulations (National Building Code) 2020 to replace this antiquated system. This update is crucial for ensuring the safety and sustainability of Kenya's built environment.
For decades, successive governments have shown a lacklustre commitment to updating building codes. Research shows that between 1996 and 2006 alone, more than 100 Kenyans lost their lives due to poorly constructed buildings.
The consequences of an outdated building code are evident. Building failures and collapses remain prevalent, and developers often flout existing regulations with impunity.
Examples include the Taj Mall, ordered for demolition due to encroachment concerns, and the Nakumatt Building in Westlands. The recent killer floods in Nairobi are another consequence of an outdated building code.
Several positive steps have been taken. The NCA has conducted a stakeholder and public validation process for the new building code. Experts like the World Bank Group and individual researchers have offered valuable insights and recommendations.
However, recent developments are concerning. The NCA's budget has been slashed, hindering its ability to effectively implement the new code. Furthermore, the delay in releasing the code creates a period of uncertainty and potential risk.
Kenya's infrastructure challenges extend beyond building codes. The country needs to prioritise the maintenance of existing infrastructure such as roads, drainage systems and utilities. Regular inspections, repairs and beautification efforts are essential for a safe and functional built environment.
As Kenya continues to develop, a robust building code and a culture of maintenance are essential. The government, county governments and citizens all have a role to play. The NCA must be adequately funded and empowered to enforce the new code.
County governments should enact relevant legislation and prioritise infrastructure maintenance. Citizens must hold authorities accountable and demand safe construction practices.
Kenya is at a crossroads. Will the new building code be implemented, or will it gather dust like its predecessor? Will the country prioritise safety and maintenance, or will building failures continue to claim lives? The choices made today will determine the future of Kenya's built environment.
Built environment professional