Senate proposes new contractor registration rules in Kenya

The construction sector in the country could be set for radical reforms if proposals by the Senate Committee are anything to go by.
The construction sector in the country could be set for radical reforms if proposals by the Senate Committee are anything to go by.
On Thursday, March 20, the Senate Committee on Delegated Legislation deliberated on the proposed National Construction Authority (Amendment) Regulations, 2024 with a focus on modernising the sector.
During the engagement with the Ministry of Lands, Public Housing and Urban Development and the National Construction Authority (NCA), changes were proposed to how the contractor evaluation process in among contractors was done.
Among the proposals was a shift from a document-based assessment of contractors to an experience-based system. This, according to the National Construction Authority (NCA), would ensure that there is solid proof of contractors’ hands-on skills rather than just paperwork.
Additionally, the NCA noted that the current contractor evaluation system, developed in the 2013/2014 financial year was outdated and no longer served the emerging needs in the construction sector. With this in mind, there were proposals to adjust cost limits for construction projects to reflect current economic realities.
During the meeting led by Tharaka Nithi Senator Mwenda Gataya, there was also a proposal to separate civil works from road and water projects to reflect their technical differences.
Moreover, another major change involves revising the classification of mechanical and electrical engineering services for a clearer breakdown of different types of work. This, according to the NCA, will create a fairer system for contractors.
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Following the proposals, the Senators also issued their feedback and directed the Ministry of Lands and NCA to refine the regulations before its presentation to parliament for approval.
NCA’s new proposals come amid a growing need to bolster the integrity of the construction industry to meet international standards, amid growing concerns on how the authority was handling malpractice within the industry.
Notably, questions over the experience of contractors have come to the fray in recent months after several cases of buildings under construction collapsing.
The Authority has since launched the National Building Code, which introduces stricter regulations on building construction to tackle critical issues. The code proposes stringent terms for the licensing of buildings, authorisation for construction, and penalties for contractors whose buildings are found to be unsafe.
The Building Code which is expected to come into effect in March is expected to heighten enforcement and increased inspections at construction sites to eliminate substandard practices.
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