A Nairobi-based activist has moved to the court seeking the removal or suspension of National Construction Authority (NCA) Executive Director Maurice Akech accusing him of incompetence, constitutional breaches, professional negligence, and failure to protect the public from deadly building collapses.
In the urgent petition filed Before Milimani High Court, activist Francis Awino argues that Akech’s continued tenure at the helm of the NCA has been marked by regulatory failure, administrative maladministration, and a systematic disregard for public safety, particularly in Nairobi County where several buildings have collapsed or been flagged as unsafe.
The petitioner, who identifies himself as President of Vybe Tribe, a civil society movement, is seeking multiple declarations and orders, including a finding that Akech is unfit to hold public office.
“A declaration is sought that the Respondent, Maurice Akech, in his capacity as Executive Director of the National Construction Authority, has acted in a manner inconsistent with the Constitution of Kenya and is therefore unfit to hold public office,” the petition states.
The case centers on the collapse of a twelve-storey mixed-use building at Plot No. 209/5909/10, South C Ward, Lang’ata Sub-County, along Kiganjo Muhoho Avenue on January 2, 2026.
The collapse resulted in at least two individuals being trapped and one person injured during construction.
According to the petition, investigations and situational reports by Nairobi City County and NCA revealed that the building, developed and constructed by Abyan Consulting Limited, was non-compliant at the time of collapse.
The petitioner claims there was no evidence of approved structural plans, statutory inspections, geotechnical reports, or proper site supervision.
The activist alleges that Nairobi City County issued enforcement notices to the developer in May, July, and December 2025, highlighting numerous infractions, including non-compliance with approved plans, unsafe construction practices, and lack of statutory inspections.
“The Respondent NCA through its boss Akech failed to enforce these notices or take any remedial action, allowing continued illegal construction and placing the public at grave risk,” the petition reads.
Awino further alleges that despite architectural plans being approved for twelve floors in December 2023, additional floors were constructed without statutory approvals, in blatant violation of the Physical and Land Use Planning Act and relevant Nairobi City County by-laws.
The petition states that Akech, in his official capacity, acknowledged the non-compliance of the building in a public statement dated January 2, 2026, admitting that the project was registered on November 8, 2023, and was “non-compliant” at the time of collapse.
The activist wants the court to issue an order removing or suspending Akech from office, citing what he terms demonstrated incompetence, negligence, disregard for public safety, and failure to uphold integrity and accountability.
“The court does issue an interim order suspending the Respondent, Maurice Akech, from the office of Executive Director of the National Construction Authority pending the hearing and determination of the Application and Petition filed herein,” Awino seeks.
The petition also cites a pattern of structural failures in Nairobi, including incidents in Zimmerman in 2023 and Kahawa West in October 2024, attributing them to poor workmanship, substandard materials, and inadequate statutory oversight.
Among the reliefs sought, the petitioner wants the court to declare that Akech has violated Articles 10, 21, 23, 35, 47, 73, and 201 of the Constitution, relating to national values, public safety, administrative justice, leadership integrity, and public service principles.
The petition argues that Akech’s actions constitute breaches of the National Construction Authority Act, the Physical and Land Use Planning Act, NCA Regulations 2014, and Nairobi City County building by-laws.
The activist is asking the court to compel the NCA to immediately halt all ongoing construction projects in Nairobi County that lack approved structural plans, ensure mandatory inspections are conducted before work continues, and enforce sanctions against developers, contractors, and professionals who violate regulatory standards.
“A mandatory order is sought directing the Respondent to take immediate action to enforce compliance with building and construction regulations in respect of all non-compliant projects in Nairobi County,” the petition states.
The activist further argues that Akech’s alleged inaction despite repeated warnings amounts to abuse of office.
“The Respondent’s failure to act, in the face of repeated enforcement notices and known violations, constitutes administrative maladministration, gross negligence, and abuse of office,” the filing adds.
Additionally, Awino wants the court to order Akech to provide in court a full account of all enforcement actions taken or omitted regarding buildings in Nairobi County that were flagged for non-compliance between 2021 and 2026 within 14 days.
Awino further targets approvals involving Abyan Consulting Limited and other developers implicated in unsafe construction.
“A declaration is sought that any approval, registration, or licensing decisions made by the Respondent in relation to Abyan Consulting Limited, or any other developer involved in unsafe or non-compliant construction, are null and void to the extent that such decisions contributed to the endangerment of human life,” the petition states.
Finally, the activist wants the court to impose personal accountability, including recommendations for disciplinary action, deregistration, or referral to oversight bodies for professional negligence.
The case which is pending hearing and directions before Justice Chacha Mwita names the State Department of Public Works and Infrastructure and National Construction Authority as an interested parties.
