NCA cracks down on developer adding unauthorised floors to Mombasa building
By People Daily Digital Reporter, June 27, 2026A developer has been arrested in Mombasa after extending a high-rise building beyond the approved number of floors without obtaining the required regulatory approvals, as the National Construction Authority (NCA) intensified its crackdown on illegal construction projects.
Confirming the incident, NCA Compliance Manager and Architect Stephen Mwilu, on Friday, June 26, 2026, said that the developer was taken to Makupa Police Station during an enforcement operation conducted on Friday after inspectors discovered that the building, initially approved for seven floors, had been extended without clearance from the authority.
Mwilu further said the authority has noted an increasing trend of developers illegally adding extra storeys to buildings after obtaining initial approvals, raising concerns over the structural integrity of such projects.
“Our role is to oversee and coordinate the construction industry to ensure all legal requirements are met. Where we find non-compliance, we suspend the projects until the issues are rectified,” Mwilu said.
Although the developer informed inspectors that an application seeking approval for the additional floors had already been submitted, the NCA maintained that construction should not have continued before formal approval was granted.
Nationwide crackdown on illegal buildings
The operation forms part of the authority’s nationwide quality assurance programme aimed at ensuring compliance with construction regulations and safeguarding public safety amid the growing number of high-rise developments.
He revealed that some developers continue construction secretly even after projects have been suspended, despite uncertainties over whether the existing foundations can safely support additional floors.
The authority also expressed concern over developers replacing contractors after securing project approvals, a practice it says exposes projects to unqualified or unregistered professionals and heightens safety risks.
According to the NCA, inspections are aimed at verifying that construction projects are properly registered, contractors possess valid practising licences, workers are accredited, and qualified consultants are supervising ongoing works.
Penalty for defying contractors
Mwilu warned that developers and contractors who defy suspension orders risk prosecution, attracting penalties of up to Ksh3 million in fines, three years’ imprisonment, or both.
He clarified that the enforcement operations target developers and contractors rather than construction workers, urging workers not to flee during inspections.
“We appeal to construction workers not to run away during inspections. We only require their assistance in identifying the developers and contractors, who bear the greatest responsibility,” he said.
The authority noted that several projects inspected across Mombasa had been approved for a specified number of floors but were later extended without fresh structural assessments or regulatory approvals.
Mwilu linked the growing trend to the collapse of an 11-storey building in Mombasa’s Kilifi area in April last year, which claimed one life before the unstable structure was demolished by the Kenya Defence Forces.
“We must agree on the number of floors from the beginning and stick to the approved plans. Adding extra floors without confirming whether the foundation can support them puts lives at risk,” he said.
A task force appointed by Mombasa Governor Abdulswamad Nassir to investigate the building collapse blamed the tragedy on engineering failures, weak regulatory oversight and professional malpractice.
The inquiry uncovered widespread credential renting by licensed engineers and architects, inadequate inspections by county officials and the NCA, poor professional supervision, lack of geological investigations and critical design flaws that contributed to the partial collapse.
Mwilu dismissed claims by some contractors that developers pressure them into carrying out unauthorised extensions, insisting that professionals have a legal and ethical obligation to reject unlawful instructions.
He said any proposal to add extra floors must first be supported by a structural integrity report and receive fresh approvals from the county government, the National Environment Management Authority and the NCA before construction can proceed.
The authority acknowledged that deliberate non-compliance by some developers and contractors continues to undermine construction safety but maintained that ensuring safe buildings is a shared responsibility involving regulators, professionals, developers and the public.
Mwilu added that the NCA will continue carrying out nationwide sensitisation programmes for contractors and construction workers while working closely with the National Police Service and the National Government Administration to enforce compliance with building regulations.