Kileleshwa MCA Robert Alai has called on the relevant authorities to take immediate action in enforcing the legal framework that protects the safety and welfare of construction employees.
In a statement released on Thursday, Alai identified the responsible authorities as the Ministry of Labour and Social Protection, the National Construction Authority (NCA), the Nairobi City County Government, the National Environment Management Authority (NEMA) and the National Police Service.
"As the elected representative of my constituents, I call for the protection of workers' lives, as enshrined under Article 26 of the Constitution of Kenya. Additionally, the safeguarding of properties adjacent to construction sites must be upheld without compromise," he stated.
He said this following the March 5 tragic incident that happened at a construction site in Westlands, where at least five daily labourers sustained injuries, and one lost his life.
Alai pointed out that the incident underscores a persistent and alarming disregard for worker safety and regulatory compliance at construction sites across our constituencies.
He added that the fatality marks the fifth reported death at construction sites within Westlands and Dagoretti North Constituencies in the past two months.
“Local police stations have recorded numerous reports of injuries and deaths, many of which appear to be systematically concealed from public scrutiny and relevant authorities,” he said.
Alai pointed out that such negligence by developers directly contravenes the Occupational Safety and Health Act, 2007 (OSHA), which, under Section 6(1), mandates employers to ensure the safety, health, and welfare of all employees at work.
Furthermore, the NCA Regulations, 2014, particularly Regulation 25, require contractors to implement safety measures, including the provision of personal protective equipment (PPE) and adherence to site safety plans.
He noted that failure to comply with the provisions not only breaches the law but also poses a direct threat to human life and the well-being of neighboring communities.
Alai noted that an audit should be done, and it should assess compliance with OSHA Section 9, which requires employers to conduct risk assessments and implement preventive measures, as well as NCA Regulation 27, which mandates regular site inspections.
He added that developers found to have violated the provisions should face penalties as outlined in OSHA Section 23 and NCA Regulation 40, including fines, suspension of operations or prosecution.
Additionally, Alai urged the police to investigate the growing number of unreported injuries and fatalities at construction sites, as the concealment of such incidents obstructs justice and accountability.
He also called on NEMA to ensure that environmental safeguards, as stipulated in the Environmental Management and Coordination Act of 1999, are enforced to protect neighboring properties from hazards arising from non-compliant construction activities.
"The construction sector is crucial to our economic development, but this must not come at the cost of human lives," Alai said.
"Labourers are entitled to a safe working environment, and it is the responsibility of all stakeholders to uphold this right."
He also extended his deepest condolences to the family of John Gichia, who succumbed to injuries on Wednesday and wished a speedy recovery to Dickson Lumumba and Stephen Otieno.
"My office remains committed to advocating for justice and the rigorous enforcement of safety standards," Alai said.https://cms.eu-central-1.linodeobjects.com/image/2025/03/7bd893dc-c0eb-42cc-9e05-3cf37f0341d2.png
