Deployment of minimum standard strictures in the Kenya building regulations: a reflection

Abstract

The control of development in urban areas raises a tension between the protection of the common good and the need to protect the space for individual action and for innovation. The imposition of minimum standards in the regulation process compels the builders, and by extension the broader society, to commit resources to attain them. In a free society, this would require an anchoring justification that demonstrates public good over individual concerns. This paper examines how the strictures has been reflected in the Kenyan building code and relates it to the fundamental philosophy underlying the code. It concludes that the institution of minimum standards in the building regulations is a protective act. It protects the society and is a critical measure in preventing the vagaries associated with uncoordinated individual actions.