What to Do When Tragedy Strikes Your Building Project

A Comprehensive Guide

Building collapses remain one of the most devastating tragedies in Kenya's construction industry. When a building project fails and people get hurt, the aftermath can be overwhelming for property owners, contractors, and victims alike. This comprehensive guide walks you through the critical steps to take when tragedy strikes your construction project in Kenya.

Understanding the Gravity of Building Collapses in Kenya

Kenya has witnessed numerous building collapse incidents over the years. Between 2009 and 2019 alone, 86 buildings valued at over KES 2.4 billion collapsed, claiming an estimated 200 lives. Recent incidents, including the January 2026 South C building collapse in Nairobi, continue to highlight the urgent need for proper emergency response procedures and accountability in the construction sector.

The causes of building failures in Kenya typically include poor workmanship (35% of cases), use of substandard construction materials (28%), and unprofessional conduct by contractors (34%). Understanding these statistics underscores the importance of knowing how to respond when the worst happens.

Immediate Actions: The First Critical Hours

1. Ensure Safety and Call Emergency Services

The first priority is always human life. When a building collapse occurs:

Call 999 or 112 immediately to reach emergency services
Do not attempt rescue operations yourself unless you are trained
Keep bystanders and curious onlookers away from the collapse site
Be aware that secondary collapses can occur, especially if adjacent structures are compromised

Key Emergency Contacts:

National Emergency Number: 999 or 112
Kenya Red Cross: 1199 or 0703 037 000
National Disaster Management Unit
Nearest hospital emergency department
Local police station

2. Multi-Agency Response Team

In Kenya, building collapse incidents typically trigger a coordinated multi-agency response involving:

Kenya Red Cross: First responders for search and rescue
National Disaster Management Unit (NDMU): Coordinates emergency operations
Kenya Defence Forces (KDF) Disaster Response Battalion: Specialized rescue capabilities
National Police Service: Secures the site and begins investigations
Nairobi City County/County Government: Urban planning and enforcement officers
National Youth Service: Debris removal and support
County Fire Brigade: Emergency response and safety assessments

These agencies will establish a command centre at the site and begin search and rescue operations using specialized equipment including sniffer dogs and structural engineers.

3. Cordon Off the Area

Emergency responders will cordon off the collapse site to:

Prevent unauthorized access that could hamper rescue efforts
Protect the public from secondary collapses
Preserve evidence for investigation
Allow structural engineers to assess adjacent buildings

As the property owner or developer, cooperate fully with all cordoning and evacuation orders. Neighboring buildings may also need to be evacuated if their structural integrity is compromised.

Legal Obligations and Reporting Requirements

Mandatory Reporting to National Construction Authority (NCA)

The National Construction Authority must be informed immediately of any building collapse. The NCA, established under the National Construction Authority Act No. 41 of 2011, has the mandate to:

Investigate building failures
Determine compliance status of the project
Identify responsible parties (developers, contractors, consultants)
Recommend prosecutions where violations occurred
Issue comprehensive reports on causes and accountability

Important Details NCA Will Require:

Project registration number (all construction projects must be registered with NCA)
Name of registered contractor and their NCA category
Details of the architect, structural engineer, and quantity surveyor
Copies of approved building plans
Site compliance certificates (if any were issued)
Construction timeline and stage of work when collapse occurred

Reporting to County Government

Your county government's Urban Planning Department must also be notified. They will:

Review the building approval process
Examine whether enforcement actions were pending
Assess compliance with county building regulations
Coordinate with NCA on investigations
Determine if building permits were obtained and followed

Reporting to Police

A police report must be filed immediately, especially if there are:

Fatalities
Serious injuries
Significant property damage

The police will:

Secure the scene as a potential crime scene
Interview witnesses
Seek the building owner and contractor for questioning
Work with investigators to determine if criminal negligence occurred

Managing the Immediate Aftermath

4. Preserve All Documentation

Do not destroy any documents related to the project. You will need:

Original building plans and all approved amendments
NCA project registration documents and compliance certificates
Contracts with contractors, architects, engineers, and suppliers
Payment records and invoices
Material purchase receipts and quality certificates
Soil test reports
Structural design calculations
Site inspection reports
Communication records (emails, messages, meeting minutes)
Insurance policies and certificates
Photographs and videos of construction progress

These documents will be crucial for investigations, insurance claims, and potential litigation.

5. Contact Your Insurance Provider Immediately

If you have insurance coverage, notify your insurer within the timeframe specified in your policy (typically 24-48 hours). Relevant insurance policies include:

For Property Owners/Developers:

Contractors' All Risks (CAR) insurance
Public liability insurance
Professional indemnity insurance (for design professionals)
Structural damage insurance

What Your Insurer Will Do:

Send loss adjusters to assess the damage
Review your policy coverage and exclusions
Determine the extent of liability
Process claims for property damage and third-party injuries
Provide guidance on next steps

Important: Under the National Construction Authority (Defects Liability) Regulations, 2020:

Contractors must obtain insurance cover for latent defects
Relevant professionals must have professional indemnity cover
Owners must insure commercial buildings against structural damage

Keep detailed records of all losses, including:

Medical expenses for injured persons
Property damage to neighboring structures
Loss of rental income
Cost of debris removal
Emergency response costs
Business interruption losses

6. Do Not Make Public Statements Without Legal Counsel

Building collapses attract significant media attention. Before making any public statements:

Consult with a lawyer experienced in construction law
Avoid admitting fault or liability
Do not speculate about causes
Express concern for victims without accepting responsibility
Direct all media inquiries to your legal representative

Anything you say publicly can be used against you in civil or criminal proceedings.

Determining Liability: Who Can Be Held Responsible?

Building collapse cases in Kenya can involve multiple parties sharing liability. Understanding who may be held accountable is essential for both seeking compensation (if you're a victim) and defending against claims (if you're a stakeholder).

Potentially Liable Parties

1. Property Owner/Developer Property owners have the primary responsibility for:

Ensuring compliance with building codes and regulations
Hiring qualified and registered professionals
Obtaining all necessary approvals and permits
Not authorizing deviations from approved plans
Maintaining adequate insurance coverage

2. Contractor Contractors can be held liable for:

Poor workmanship and construction defects
Failure to follow approved structural designs
Inadequate supervision of construction workers
Use of substandard materials
Non-compliance with safety standards
Deviations from building codes

The National Building Code 2024, which came into effect on March 1, 2025, sets comprehensive standards that contractors must follow. Violations can result in both civil liability and criminal prosecution.

3. Architects Architects may be liable for:

Design flaws or errors in building plans
Failure to ensure designs comply with building codes
Inadequate supervision during construction
Approving unauthorized changes to plans

4. Structural Engineers Engineers can face liability for:

Errors in structural calculations
Failure to account for proper load-bearing capacity
Inadequate foundation design
Not conducting proper soil tests
Certifying unsafe structures

Professional engineers must maintain professional indemnity insurance to cover such claims.

5. Material Suppliers and Manufacturers Liability may extend to suppliers who provide:

Counterfeit or substandard building materials
Materials that do not meet Kenya Bureau of Standards (KEBS) specifications
Products without proper quality certifications

6. County Government Officials Government entities may face liability for:

Approving structurally unsound plans
Failing to conduct proper inspections
Not enforcing stop-work orders
Corruption in the approval process
Negligent oversight

Recent cases have shown that county government officials can be held accountable when buildings that were repeatedly cited for violations are allowed to continue construction.

Multiple Party Liability

In most building collapse cases, liability is shared among multiple parties. Investigations will examine:

The contractual chain of responsibility
Indemnification clauses in contracts
Insurance coverage for each party
Specific acts or omissions that contributed to the collapse

Compensation for Victims

If people were injured or killed in the building collapse, victims and their families have the right to seek compensation through various channels.

Types of Compensation Available

1. Personal Injury Claims Victims can seek compensation for:

Medical expenses (emergency treatment, hospitalization, surgery, rehabilitation)
Lost wages and loss of earning capacity
Pain and suffering
Permanent disability
Psychological trauma and emotional distress

2. Wrongful Death Claims In cases of fatalities, families can claim:

Funeral and burial expenses
Loss of financial support
Loss of companionship
Emotional suffering and grief

3. Property Damage Claims For damaged neighboring properties:

Structural repairs
Replacement of damaged goods
Loss of use
Diminution in property value

Legal Process for Compensation

Step 1: Determine Liability A thorough investigation by forensic experts, structural engineers, and legal professionals will:

Examine the collapse site
Review building plans and construction records
Assess maintenance and inspection records
Identify all responsible parties

Step 2: File Claims Victims should:

Consult with a personal injury lawyer experienced in construction accidents
File claims with the insurance companies of all potentially liable parties
Consider filing civil suits if insurance coverage is inadequate
Preserve all evidence of injuries and losses

Step 3: Negotiate or Litigate

Many cases settle out of court through insurance negotiations
Complex cases may require civil litigation in the High Court
Multiple defendants may result in apportioned liability

Insurance Compensation

Through Contractors' Insurance: Most contractors are required to carry:

Public liability insurance (covering third-party injuries and property damage)
Employers' liability insurance (for workers injured on site)

Through Professional Indemnity Insurance: Design professionals (architects and engineers) must maintain coverage for:

Professional negligence claims
Errors in design or supervision
Latent defects that appear after project completion

Important Note on Defects Liability: Under NCA regulations:

Patent defects liability period: Minimum 12 months after practical completion
Latent defects liability period: Minimum 6 years after completion of patent defects period

Contractors, professionals, and subcontractors are liable for defects during these periods and must maintain appropriate insurance coverage.

Navigating Legal Proceedings

Criminal Investigations

Building collapses that result in deaths or serious injuries often trigger criminal investigations. Authorities will examine whether:

Criminal negligence occurred
Building regulations were willfully violated
Corruption was involved in approvals
Fraud was committed (e.g., falsifying material certificates)

Potential Criminal Charges:

Manslaughter (in case of deaths)
Causing grievous harm
Criminal negligence
Corruption-related offenses
Violations of the National Construction Authority Act

What to Expect:

Police interviews and statements
Forensic investigations
Arrests of responsible parties
Prosecution in criminal courts
Potential imprisonment and fines upon conviction

Civil Litigation

Parallel to criminal proceedings, civil lawsuits will likely be filed by:

Injured victims seeking damages
Families of deceased victims
Owners of damaged neighboring properties
Insurance companies seeking subrogation

Civil Claims May Be Based On:

Breach of contract
Professional negligence
Violation of statutory duties
Strict liability for defective construction

Regulatory Actions by NCA

The NCA has enforcement powers including:

Suspending or revoking contractor registrations
Imposing fines and penalties
Barring professionals from the construction industry
Requiring remedial training
Publishing names of non-compliant contractors

The National Building Code 2024 provides NCA with enhanced powers to enforce compliance and penalize violations.

Preventive Measures and Best Practices

While this guide focuses on responding to tragedies, prevention is always preferable. Going forward, property owners and developers should:

Always Hire Registered Professionals

Verify NCA registration for all contractors
Ensure architects are registered with the Board of Registration of Architects and Quantity Surveyors (BORAQS)
Confirm engineers are registered with the Engineers Board of Kenya (EBK)
Check that all workers have proper accreditation from NCA

The NCA maintains a public database of registered contractors and accredited workers. Always verify credentials before hiring.

Obtain All Required Approvals

County government building permits
NCA project registration and compliance certificates
National Environment Management Authority (NEMA) approval for environmental impact assessment
Kenya Power and Lighting Company (KPLC) approval for electrical installations
Water utility approvals for plumbing and sewerage

Maintain Proper Insurance

Adequate insurance coverage is not optional. Ensure you have:

Contractors' All Risks insurance
Public liability insurance
Professional indemnity insurance (for design professionals)
Employer's liability insurance for workers
Property damage insurance

Regular Inspections and Quality Assurance

Schedule regular inspections by NCA compliance officers
Hire independent quality assurance consultants
Maintain site inspection logbooks
Document all stages of construction with photographs
Conduct soil tests and structural assessments at critical stages

Use Quality Materials

Purchase materials only from reputable suppliers
Verify KEBS quality marks and certificates
Store materials properly to prevent degradation
Keep records of all material purchases
Reject counterfeit or substandard materials

Comply with the National Building Code 2024

The new Building Code, which became mandatory on March 1, 2025, requires:

Multi-hazard resilient designs
Fire resistance and at least two evacuation routes
Proper space requirements and foundations
Energy efficiency and sustainable designs
Periodic building inspections and maintenance

Compliance with this code is essential to avoid liability and ensure building safety.

Mental Health and Emotional Support

Building collapses are traumatic events for everyone involved—victims, families, construction workers, and property owners. Don't neglect mental health:

For Victims and Families:

Seek trauma counseling services
Contact organizations like the Kenya Red Cross for psychosocial support
Join support groups for those affected by construction accidents
Consider legal aid if you cannot afford representation

For Property Owners and Developers:

Recognize the emotional toll of such tragedies
Seek professional counseling if needed
Focus on supporting victims and their families
Work with advisors to navigate the legal and insurance processes

Moving Forward: Reconstruction and Recovery

If you decide to proceed with rebuilding after a collapse, you must:

Complete All Investigations First

Wait for the official NCA investigation report
Obtain clearance from the county government
Address all identified violations and deficiencies
Implement recommended safety measures

Engage New Professionals If Necessary

If investigations reveal fault with your original team:

Hire new, highly qualified professionals
Conduct independent structural assessments
Design a safer structure addressing all previous failures

Enhanced Safety Measures

Implement stricter quality control
Increase frequency of inspections
Use higher-grade materials where necessary
Consider third-party oversight during construction

Community Engagement

Rebuilding trust with the community is essential:

Be transparent about what went wrong
Demonstrate concrete steps to prevent recurrence
Keep neighbors informed of progress
Address community concerns proactively

Key Takeaways

When tragedy strikes a building project in Kenya:

Prioritize human life – Call emergency services immediately and cooperate with rescue operations
Report to all relevant authorities – NCA, county government, and police must be notified
Preserve all documentation – Every record related to the project is crucial
Contact insurance providers promptly – Begin the claims process within required timeframes
Seek legal counsel immediately – Do not make statements or accept liability without advice
Cooperate with investigations – Full cooperation with authorities is legally required
Support victims and families – Show compassion while navigating legal complexities
Learn and improve – If rebuilding, implement enhanced safety measures

Building collapses are preventable tragedies. By understanding your obligations when the worst happens, you can navigate the crisis more effectively and work toward justice for victims while protecting your rights. More importantly, by adhering to building codes, hiring qualified professionals, and maintaining rigorous quality standards, you can prevent such tragedies from occurring in the first place.

Disclaimer: This article provides general information about building collapse procedures in Kenya and should not be considered legal advice. For specific guidance on your situation, consult qualified legal counsel experienced in Kenyan construction law.

Resources:

National Construction Authority: http://www.nca.go.ke
Kenya Red Cross: http://www.redcross.or.ke
National Disaster Management Unit (under Ministry of Interior)
County Government Urban Planning Departments
Policyholders Compensation Fund: http://www.pcf.go.ke