NAIROBI,Kenya June 7 – The Architectural Association of Kenya (AAK) has strongly condemned the decision by the Office of the Director of Public Prosecutions (ODPP) to charge all members of the Nairobi City County Urban Planning Technical Committee (UPTC) over the collapse of South C Building , saying the move wrongly criminalises professionals who lacked final decision-making authority.
In a statement signed by AAK President George Ndege, the association said that while it supports accountability in matters involving structural safety and loss of life, prosecutions must be directed at those who exercised executive authority.
“While we demand strict structural safety and absolute accountability, criminal proceedings must be fair, evidence-based, and targeted at the culpable actors,” the association stated.
The Director of Public Prosecutions (DPP) had approved criminal charges against several public officials, developers and professionals linked to the collapse of the Manzil Towers building in Nairobi’s South C area, six months after the tragedy claimed the lives of two security guards.
In a statement issued on Friday, the Office of the Director of Public Prosecutions (ODPP) said it had reviewed the investigation file submitted by the Directorate of Criminal Investigations (DCI) and found sufficient evidence to prosecute a number of suspects connected to the incident.
Among those set to be charged is Patrick Analo Akivaga, who will face counts of abuse of office and neglect of official duty under the Penal Code.
AAK argued that the UPTC’s role is limited to offering professional and technical advice and that it does not possess the legal mandate to grant or deny development approvals.
“The UPTC is strictly a technical review body tasked with providing professional recommendations. It has zero executive or final approval authority,” the association said.
The architects’ body further noted that under the law, the final authority to approve developments lies with the County Executive Committee Member (CEC), who can choose whether or not to follow recommendations from technical experts.
“Statutory approval power rests solely with the County Executive Committee Member. The CEC is legally free to override, ignore, or bypass any objections raised by technical committee members,” AAK said.
The association warned that prosecuting independent professionals serving on public committees could discourage experts from participating in governance and oversight roles.
“Targeting independent private sector and civil society nominees grossly amalgamates advisory voices with executive actions. This dangerous precedent creates an environment of fear, discouraging competent professionals from offering professional oversight to public bodies,” the statement read.
AAK maintained that responsibility for decisions should be borne by those vested with legal authority and not by professionals who only provided technical advice.
“Accountability must follow authority. Professionals who represent the interests of the Association as external stakeholders, often calling authorities to task, should not be persecuted as though they made the ultimate executive decisions,” the association stated.
The body has now called on the ODPP to reconsider the case and withdraw the charges against the committee members.
“We firmly demand the immediate review and withdrawal of these structurally misguided charges,” AAK said.
The charges stem from investigations into the collapse of Manzil Towers, a case that has reignited debate over building safety standards, regulatory oversight and accountability within Nairobi’s construction sector.
According to the ODPP, the charges stem from findings related to the approval, oversight and regulatory processes surrounding the construction project before it collapsed.
“The DPP has determined that there is sufficient evidence and a realistic prospect of conviction to warrant the prosecution of several suspects connected to the incident,” the statement said.
The prosecution has also approved charges against other public officials, developers and construction professionals for offences including manslaughter, abuse of office, neglect of official duty, making and uttering false documents, and commencing a project without an Environmental Impact Assessment licence.
The ODPP said the decision to charge was reached after an independent assessment of the evidence and was made in accordance with Article 157 of the Constitution, the Office of the Director of Public Prosecutions Act and the Decision to Charge Guidelines.
The accused persons are expected to be arraigned in court to answer to the charges.
Manzil Towers, located along Kiganjo Muhoho Avenue in the South C Shopping Centre area, collapsed at about 4 a.m. on January 2, 2026, while still under construction.
Investigations established that the building suffered a structural failure, triggering a massive search, rescue and recovery operation involving multiple agencies, including the Kenya Red Cross, the Kenya Defence Forces Disaster Response Battalion and the National Youth Service.
Rescue efforts continued for six days as emergency teams combed through the debris in search of survivors.
The operation ended with the recovery of two bodies from beneath the rubble, including that of a 27-year-old security guard who had been trapped when the structure gave way.