Professional bodies representing architects, engineers, planners and residents’ associations have come out in defence of some of their members after the Office of the Director of Public Prosecutions (ODPP) approved criminal charges against dozens of individuals linked to the collapse of the Manzil Towers building in Nairobi’s South C estate.
In a joint statement issued on June 6, the Architectural Association of Kenya (AAK), the Kenya Institute of Planners (KIP), the Institution of Engineers of Kenya (IEK) and the Kenya Alliance of Resident Associations (KARA) expressed concern over the intended prosecution of members of the Nairobi City County Urban Planning Technical Committee (UPTC).
The associations argued that the UPTC is an advisory body whose role is limited to reviewing development applications and making technical recommendations. According to the statement, final authority to approve or reject developments rests with the County Executive Committee Member (CECM), meaning committee members should not be held criminally liable for decisions they did not have the power to make.
The bodies described the planned prosecution of the entire committee membership as “structurally misguided” and warned that criminalising technical advice could discourage professionals from participating in public oversight processes.
They specifically called for the withdrawal of charges against Arch. Christopher Naicca, Arch. Brenda Nyawara and planner Alfred Eshitera, who served as representatives of professional and civil society organisations on the committee.
The move follows an announcement by the ODPP on June 5 that it had found sufficient evidence and a realistic prospect of conviction against several suspects connected to the January 2 collapse of Manzil Towers. The prosecution says the charges arise from findings related to the approval, oversight and regulatory processes surrounding the project.
According to the ODPP, those set to face charges include public officials, developers and professionals accused of offences ranging from manslaughter and abuse of office to neglect of official duty, making and uttering false documents, and commencing a project without an Environmental Impact Assessment licence.
However, the professional bodies’ defence of their members has triggered criticism online, with many social media users arguing that accountability should be allowed to take its course.
“Why not the law take its course?” wrote John Maran, adding that suspects would be released if investigators failed to provide sufficient evidence.
Josphat Kimani argued that “accountability is not persecution, it is the foundation of professional credibility.”
Meanwhile, Divyan Shah questioned claims that committee members were merely advisory, stating: “When the project is moving, everyone has a title. When accountability comes, everyone was ‘just advisory’.”
 approved criminal charges against dozens of individuals linked to the collapse of the Manzil Towers building in Nairobi’s South C estate.){kind=link}