Eastleigh Building Collapse: Engineer Disputes Responsibility, Seeks NCA Records

NAIROBI, Kenya, Oct 25 – Structural engineer Joseph Muturi Mugu has disputed responsibility for the collapse of a building under construction in Nairobi’s Eastleigh area, with his lawyers demanding that the National Construction Authority (NCA) release records detailing his involvement in the project.

In a letter, Bedan Njeri and Company Advocates asked the NCA Director General to provide certified copies of project registration documents, structural designs, approval records and other information relating to the development.

The correspondence follows a press statement dated October 23, attributed to the authority and circulated in the media, which identified Mugu as the structural engineer listed in its records for the development.

Mugu, through his lawyers, maintains that his involvement was limited to preparing structural designs for a proposed 15-floor building and that he did not proceed with further professional services after submitting the designs to the client.

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

According to the letter, Mugu prepared structural designs for the proposed 15-floor development and delivered them to the client for uploading and submission for approval.

His lawyers state that he did not subsequently receive an approval code relating to the submissions and did not undertake further professional services on the project.

The letter does not establish whether the designs were ultimately approved, whether construction proceeded in accordance with the submitted plans or whether the engineer’s account has been independently verified.

To establish how Mugu’s details were entered into the NCA’s records and the extent to which his documents were used, the lawyers requested certified copies of several categories of information.

These include the complete project registration application, supporting documents, the registration certificate and any subsequent amendments.

The advocates also want every structural drawing, calculation, design report, county approval and revised submission held by the authority concerning the development.

In addition, they have asked for every document bearing, or purportedly bearing, their client’s signature, stamp, seal or professional registration details.

The request extends to electronic submission and verification records showing who entered Mugu’s particulars, uploaded the documents and when the actions occurred.

The lawyers want the NCA to provide any available account identifiers, audit trails, verification messages, approval codes and records of confirmations or acceptances attributed to the engineer.

They argue that the documents are necessary to establish the accuracy of the records linking their client to the project and enable him to respond meaningfully to the allegations.

The lawyers have also asked the authority to confirm whether it contacted Mugu to verify his appointment or participation in the project before registering him or publishing the statement identifying him as the structural engineer.

If such contact occurred, they want the relevant correspondence and verification records disclosed.

The advocates further want the NCA to place their client’s position on the project file and issue a clarification through the same channels used to circulate its earlier statement.

The request was made under Article 35 of the Constitution, which guarantees access to information, and Sections 4 and 8 of the Access to Information Act, 2016.

The lawyers said the disclosure would help protect their client’s professional reputation and allow him to address the allegations based on the relevant records.

Citing the continued public circulation of Mugu’s name in connection with the collapse, the advocates asked the NCA to treat the matter as urgent and provide the requested information within 48 hours.

The letter does not indicate whether the authority has responded to the demands or whether it has issued a subsequent clarification.

The engineer’s position, as presented by his lawyers, does not in itself establish liability or exonerate him. The requested records could help clarify the extent of his involvement, the status of the project’s approvals and how his professional details were entered into the authority’s records.

The correspondence comes as emergency responders continue dealing with the aftermath of the building collapse in Eastleigh.

The Kenya Red Cross confirmed on Sunday that a man had been rescued from the rubble after hours of search and rescue operations and taken to Kenyatta National Hospital for treatment.

The organisation said the search was continuing as multi-agency teams worked to establish whether other people remained trapped beneath the debris.

The incident has raised questions about construction safety, regulatory oversight and the responsibilities of professionals involved in building projects.

The circumstances surrounding the collapse, including the roles of the developer, contractors, engineers and relevant regulatory authorities, remain matters for investigation.

A response from the NCA will be important in clarifying the project’s registration and approval history, as well as the basis on which Mugu was identified in its records.