NAIROBI, Kenya — Structural engineer Joseph Muturi Mugu has disputed responsibility for the multi-storey building that collapsed in Nairobi’s Eastleigh area, saying he prepared structural designs but did not receive an approval code to undertake further professional work on the project.

Through his lawyers, Bedan Njeri and Company Advocates, Mugu has asked the National Construction Authority (NCA) to disclose records showing how his name, professional details and purported involvement were entered into the project’s registration documents.

The demand, contained in a letter dated October 24, 2026, follows an NCA statement identifying Mugu as the structural engineer listed in its records for the building that collapsed along 9th Street, Eastleigh, on Friday, October 23.

In the letter addressed to the authority’s Director General, the lawyers said Mugu prepared structural designs for the proposed development and handed them to the client for uploading and submission for approval.

However, they maintained that he never received the approval code associated with the submissions and consequently did not provide further professional services for the project.

“Consequently, our client unequivocally disputes any attribution of responsibility for the collapse,” the lawyers wrote.

The engineer’s position introduces a new dispute into investigations surrounding the collapse, which has raised questions about the project’s approvals, the responsibilities of professionals involved and the enforcement of construction regulations in Nairobi.

The NCA has not yet publicly addressed the specific claims contained in Mugu’s letter. The authority however, had not responded to the engineer’s demands at the time of publication.

Engineer seeks project records and verification trail

Mugu’s lawyers have requested certified copies of the project registration application, supporting documents, registration certificate and any subsequent amendments to the records held by the NCA.

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They have also asked for structural drawings, calculations, design reports, county approvals and revised submissions associated with the development.

The request extends to documents bearing, or appearing to bear, Mugu’s signature, stamp, seal or professional registration details.

His legal team is also seeking electronic submission and verification records to establish who entered his details, uploaded the documents and when the submissions were made.

The requested information includes available account identifiers, audit trails, verification messages, approval codes and records indicating whether Mugu confirmed or accepted responsibility for the project.

The lawyers further want the authority to clarify whether it contacted their client to verify his appointment or involvement before recording him as the project’s structural engineer or naming him in its public statement.

“Please also confirm whether the Authority contacted our client to verify his appointment or participation before registering him or publishing the statement and if so, supply the relevant correspondence and verification records,” the letter states.

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Citing Article 35 of the Constitution and Sections 4 and 8 of the Access to Information Act, 2016, the lawyers said the records were necessary to establish the accuracy of information held about their client, protect his professional reputation and allow him to respond to any allegations.

They also asked the NCA to place his position on the project file and issue a clarification through the same channels used to circulate its earlier statement.

The lawyers requested an urgent response within 48 hours, citing the continued public circulation of Mugu’s name following the collapse.

NCA names developer, contractor and professionals

In its statement issued on October 23, the NCA identified 9th Street Plaza Limited as the developer and Stromax Holdings E.A Limited as the contractor.

The authority listed Emmanuel Mwangi Maina as the project architect and Mugu as the structural engineer. It said the proposed development on land reference number 36/II/40, along 9th Street in Eastleigh, was registered on July 30, 2025.

However, questions have since emerged over the project’s regulatory status and the availability of its registration details.

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Citizen Digital reported on October 24 that the project information could not be found on the NCA’s online portal during a search late on Friday but appeared on the portal on Saturday.

The report also said the building had not received construction approval from Nairobi County or an environmental impact assessment licence from the National Environment Management Authority (NEMA).

The timing of the online records has raised questions about the authority’s registration and verification processes.

The available reports do not, however, establish why the details were not visible earlier or whether the portal changes were connected to the collapse.

The NCA has not publicly established in the material cited here whether the building was inspected before the incident, whether violations had been formally recorded or what enforcement action, if any, was taken against the development before it collapsed.

Sakaja says construction application was not approved

Nairobi Governor Johnson Sakaja has separately said county records showed that the application to construct the multi-storey building had not been approved, despite an earlier change-of-use approval granted in 2024.

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According to Sakaja, an application for a building of 15 floors plus a basement was submitted through a person identified as John Mutia Musyoke, whom he described as the developer on record.

“We’ve looked at the documentation. They had applied in 2024 for a change of use. That was granted. Then an application was made through one John Mutia Musyoke, who is the developer on record. That application was to do 15 plus basements. The application was never granted, meaning there is no approval for this construction,” Sakaja said.

The governor said the property belonged to the estate of the late Wilson Mutia Musyoke. He also identified Precise Civil Engineering Limited as an engineering firm appearing in the project documents.

Sakaja said the Urban Planning Committee had objected in November 2024 to proposed shops in the basement and on the ground floor. According to the Governor, there was no subsequent response to the application, although construction continued.

“The architect on record needs to answer as to how his client went on to start construction and continue construction without any approval,” he said.

The governor also questioned the effectiveness of enforcement measures, saying an order had been issued earlier in 2026 but that penalties for construction violations might not be sufficient to deter developers from proceeding without the required approvals.

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“An enforcement order was issued in early this year,” Sakaja said. “Now if somebody is building something like this and they are asked to pay a fine of 5,000 or a small arrest for a weekend and to go back to constructing, what more can then be done?”

The county’s account and Mugu’s position raise separate questions that investigators will need to resolve: whether the construction followed approved plans, what role each professional played and whether the relevant authorities acted on any violations.

Engineers Board launches investigation

The Engineers Board of Kenya has launched formal investigations into the collapse, including the possible role of engineers involved in the project.

In a statement reported by The Star on October 24, the board said it would establish the factors that may have contributed to the incident and determine the role of any engineers associated with the development.

It warned that confirmed breaches of professional standards, licensing requirements or engineering obligations could attract regulatory action. The board also emphasised compliance with approved drawings, engineering standards, quality assurance procedures and proper site supervision.

Also Read: Eastleigh collapse exposes Nairobi building approval failures

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Separately, Sakaja said the county had forwarded documents to the Directorate of Criminal Investigations (DCI), calling for inquiries into the roles of the property owners, developer, professionals and any public officers who may have failed to enforce construction requirements.

Police have also launched investigations into the collapse and a search for the building’s owner and contractor. Nairobi Regional Police Commander Issa Mohamud has said those found responsible for criminal negligence could face charges following the investigations.

No final finding on the cause of the collapse or individual criminal responsibility has been announced in the reports reviewed for this article.

Search for accountability continues

The building collapsed on Friday, October 23, triggering a multi-agency rescue operation amid reports that people were trapped beneath the rubble.

By Saturday, two survivors had been rescued, according to police updates reported by Kenyan media. The Kenya Red Cross said 66 of 67 construction workers believed to have been on site had been accounted for, while the organisation continued checking reports of other missing people. The figures reflected the position during the rescue operation and could change as verification continued.

The collapse has intensified scrutiny of construction approvals, professional oversight and the enforcement of building regulations in Nairobi.

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Mugu’s demand for the NCA’s records now places the accuracy and verification of the authority’s project documentation among the issues requiring clarification.

The authority’s response, alongside the findings of the DCI, the Engineers Board and other relevant agencies, will be important in establishing how the project was documented, whether the required approvals were obtained and who, if anyone, bears legal or professional responsibility for the collapse.

Michael Wandati is an accomplished journalist, editor, and media strategist with a keen focus on breaking news, political affairs, and human interest reporting. Michael is dedicated to producing accurate, impactful journalism that informs public debate and reflects the highest standards of editorial integrity.

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