The Role of Whistleblowing in Development Control

Whistleblowing plays a crucial role in development control by exposing illegal, unethical, rogue, and unsafe construction practices. In a sector where rampant non-compliance has resulted in unsafe developments, environmental degradation, and safety risks to the public, vigilant oversight is essential. Development control ensures adherence to zoning regulations, approved building and land use plans, and environmental conservation guidelines, ultimately safeguarding urban spaces.?

In Kenya, whistleblowing initiatives such as Architectural Association of Kenya (AAK) 's Mulika Mjengo Initiative provide the public with an anonymous platform to report unsafe construction practices. Without such mechanisms, many violations go unnoticed, contributing to the proliferation of substandard buildings and eroding public trust in regulatory agencies.?

The Need for a Whistleblower Taskforce?

Public frustration over poor enforcement of development control policies by the County Government was evident during last week’s public participation forum on the proposed Nairobi City County Development Control Policy at Charter Hall. While speaking at the forum, Hon. Nasra Nanda , a nominated MCA and member of the Nairobi County Assembly Planning and Housing Committee, recognized residents' frustrations over the county's poor handling of development control issues and affirmed their right to demand better services1.?

To address this, she proposed the formation of an independent development monitoring taskforce at the ward level that would serve as a whistleblower council, providing residents with a safe platform to report irregularities in building approvals, unauthorized construction, and corruption within regulatory agencies.??

If established, this taskforce could offer real-time oversight, ensuring that developers comply with zoning laws, approved plans, and the National Building Code 2024, which is set to take effect on 3rd March, 2025.?

The Growing Risk of Unsafe Construction?

With the rising number of unsafe structures and building collapses in the recent years, it is evident that there is an urgent need for stronger development control by the local authority at the County level. In 2019, Nairobi County recorded 33 collapses, the highest in the country, followed by 14 in Kiambu2. More recently, collapses in 2024 were reported in Uthiru, Kahawa West, and Shauri Moyo, primarily due to structural integrity issues3.?

A citizen survey conducted by Architectural Association of Kenya (AAK) and the Kenya Alliance of Resident Associations (KARA) in November 2024 revealed significant structural safety concerns in neighborhoods such as Zimmerman, Parklands, South C, Highridge, Kilimani, Runda, Kileleshwa, Lenana, and Rosslyn (Status of the Built Environment Report, 2024). By raising such concerns early enough, this taskforce will assist in mitigating risks and ensuring that developments meet required safety standards, ultimately protecting lives and property.?

Combating Corruption and Strengthening Oversight?

In addition, this taskforce would assist in exposing corrupt officials and professionals who facilitate developers to bypass regulations by manipulating issuance of approvals and conduction of inspections, ensuring that projects comply with the law rather than serve the interests of a few at the expense of the majority. As a result, this will promote a culture of transparency and accountability, ensuring that decision-makers and developers operate within the confines of the law.?

Notwithstanding, it is crucial that these taskforces incorporate all relevant stakeholders, particularly Resident Associations, who are the direct representatives of their residents in development control matters.?

A Call to Action?

For Nairobi to achieve sustainable urban growth, development control must be proactive rather than reactive. Consequently, the onus now lies with the @County Government to implement the proposed whistleblower taskforce and strengthen enforcement mechanisms, including the enaction of whistleblower protection legislation. If successful, this initiative could set a precedence for other counties to follow, fostering a culture of transparency and accountability in development control matters. Only time will tell.?