The Architectural Association of Kenya has expressed disapproval of the office of the Director of Public Prosecution (ODPP) for bringing charges against members of the Nairobi City County Urban Planning Technical Committee (UPTC) in relation to the Manzil Tower collapse incident.
In a statement issued on Saturday, June 6, AAK clarified that UPTC functions solely as an advisory entity and possesses no legal authority to either approve or reject development proposals.
According to the association, the legal proceedings initiated against the planning committee are unfounded.
“The Architectural Association of Kenya (AAK) firmly opposes the ODPP’s determination to institute criminal proceedings against the entire membership of the Nairobi City County Urban Planning Technical Committee (UPTC) concerning the Manzil Towers collapse incident,” AAK communicated in their statement.
“The UPTC operates strictly as a technical assessment body responsible for delivering professional recommendations. It possesses no executive or final approval capabilities,” they further explained.
This AAK declaration follows the recent legal actions taken against individuals involved in the building collapse case.
The 37 individuals, as reported by the ODPP, encompass senior county officials and architects who will confront various charges as suggested by the Directorate of Criminal Investigations (DCI).
According to the prosecution authorities, numerous public officials will face accusations of abuse of office and neglect of official responsibilities, while several individuals directly involved in the development project have been charged with manslaughter.
However, AAK asserts that legal approval authority remains with the County Executive Committee Member (CEC), who possesses the discretion to accept, reject, or disregard recommendations provided by technical specialists.
“Statutory approval authority resides exclusively with the County Executive Committee Member (CEC). The CEC possesses the legal prerogative to override, disregard, or circumvent any objections raised by technical committee members,” the association emphasized.
The association further contends that prosecuting all committee members risks merging professional advisory functions with executive decision-making responsibilities.
They additionally cautioned that this approach could potentially deter professionals from engaging in public oversight activities.
“Targeting independent private sector and civil society representatives indiscriminately conflates advisory input with executive actions. This harmful precedent establishes an atmosphere of apprehension, dissuading qualified professionals from offering professional supervision to public entities.”
Consequently, the architects urged for the immediate reconsideration and dismissal of the charges, characterizing them as “fundamentally erroneous.”
The Manzil Tower structure, situated along Kiganjo Muhoho Avenue in the South C Shopping Centre area of Nairobi, collapsed, which investigators attribute to structural failure.