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SPECIAL ISSUE 455

Kenya Gazette Supplement No.84 6th June,20l4

(Le gislative Supplement No. 29 )

I-EGAL NOTICE NO. 74

THE NATIONAL CONSTRUCTION AUTHORITY

REGUL.A.TIONS 20I4
ARRANGEMENT OF REGULATIONS
PART I-PRELIMINARY
Citation
Interpretation
PART II- REGISTRATION OF CONTRACTORS
Application for registration as contractor.
Evaluation of application.
Certificate of Registration.
Exemption from registration for local contractor.
Renerval of registration
Petition for review.
Restriction.
A pplication for upgrading.
Transfer of records.
Registration of florei gn contractors.
Application for Renerval.
Continuous Professional Development.
PAKT III JOINT V ENTURES
-
15. Registration of Joint Ventures.
16. Ration of orvnership ofjoint ueniurer.
PART IV_IDENTIFICATION AND REPORTING OF
CONSTRUCTION WORKS, CONTRACTORS OR PROJECTS BY
OWNER
17. Registration of construction lvorks.
18. Representative of the Orvner
PART V_CERTIFICATION AND ACCREDITATION OF
SKILLED CONSTRUCTTON WORKERS AND CONSTRUCTION
SIRE SUPERVISORS
19. Accreditation.
20. Classes of skilled construction rvorkers.
2l. Classes of construction site supervisors.
 456 Kenya Subsidiary l*gislntion, 20 I 4

22. EligibilityforAccreditation.
23: Validity of Accreditation.
24. Rejection of application.
PART VI_COLLECTION AND PAYMENT OF CONSTRUCTION
LEVY
25. Imposition o(levy.
26. Olvner to report.
PART VII-ENFORCEMENT
27. Fees.
28. Investigation of complaint or suspicion.
29. Removal from Register.
30. Liability of principals and employers.
FIRST SCHEDULE-EVALUATION CRITERIA
SECOND SCHEDULE -EVALUATION OF OTHER
PARTICULARS
THIRD SCHEDULE - CLASSIFICATION OF WORKS
THE NATIONAL CONSTRUCTION AUTHORITY ACT, 2OI I
\No.4t of2Oll)
IN EXERCISE of the powers conferred by section 42 of the
National Construction Authority Act, 2011 the Cabinet Secrelary for
knd, Housing and Urban Development makes the following
Regulations:-
THE NATIONA L CONSTRUCTION AUTHORITY
REGUT-ATIONS, 20I4
PART I_PRELIMINARY
l.These Regulations may be cited as Nationat Construction Citation.

Authority Regulations, 2014.

2. In these Regulations, unless the context otherwise requires- lnterpretation.

"autlorized officer" means an employee of the Authority

authorized by the Board to carry out its functions under the Act;
"Appeals Board" means the Appeals Board established under
section 27 of the Act,
"certificate of registration" means a certificate of registration
issued under regulation 5(1);
"code of conduct" means the code of conduct developed and
published in%ccondance with section 5(2) (m) of the Act;
"construction procurement" means procurement in
the
Gonstruction industry, including the invitation, award and management
of contracts;
"construction worker" means a natural lerson who is qualified to
carry out any of the works described in the Third Schedule to the Act;
 Kenya Subsidiary kgislation, 20l4 457

"contract sum" means the tender value, tendered.price, contract

value or project value as agreed and signed betlveen the contractor and
the orvner;

"forei gn contractor" means-

(a) a firm incorporated outside Kenya; or
(b) a firm incorporated in Kenya in rvhich 5l% of the shares are
held by a non-Kenyan;
"orvner" means a person, body of persons or organ of state who
enters into a main contract with a contractor for the provision of
construction ryorks;
"investigating committee" means a committee of the Board
mandated to investigate mattersof misconduct or otherrvise undei the
Act;
"investigating officer" means a person appointed as such under
section 23 of the Act;
'Joint venture" means a grouping of tlvo or more contractors or
financial institutions lvith contractors rvho jointly undertake to perform
construction rvorks;
"net asset value" means the sum of a person's equity, retained
income and shareholders or members loans;
"practical completion certificate" means a certificate issued in
respectof building works contract by the olvner, signifying that the
rvork as tendered is ready for occupation or use for the purposes
intended;
"taking-over certificate" means a certificate issued in respect of a
construction rvorks by the owner, signifying that the scope of works as
tendered are ready for occupation or use for the purposes intended;
"main contract" means a contract of construction lvorks that do
not form part of the scope of rvork of another contract;
"main contractor" means a person registered under section 15 clf
the Act to lvhom construction lvdrk is tendered under the Act;
"sub-contractor" means a contractor rvhose contract works form
part of a main contractor's works;
"Principal" means a natural person lvho is a partner in
partnership, a sole proprietor or a director in a company.
"programme" means a series of activities aimed collectively at a
predefined outcome;
"skills assessment" means an assessment conducted by or on
behalf of the Authority of the skills in the class of works of a skilled
construction worker or a construction site supervisor who applies for
accreditation;
"test" means a test conducted by or on behalf of the Authority to
test the skills of a construction supervisor or a construction worker.
 4-58 Kerrya Subsid iary Le gislatiott, 20 I 1

PART II
-REGISTRAI'ION OF CONTRAC'TORS
3. (l)An application for registration as a contractor shall be made Applrcatron 1i'r
rc!lslIalton a:
in the prescribed form and shall be accompanied b1 - c 0n lraclfr

(a) certified copies of certificates and other reler ant documents

as are necessary to prove qualification for registration:
(b) certi{ied copies of the shareholders' certificates of the
company;
(c) in the case of a trust, a cop)' of trust deed; and
(d) financial statemenls of the person or firm 1'or the period
immediately preceding the application. or proof of' eristence
of a bank account in the name of the cttnstruction compan) .

(2) The Board may call for further particulars of the person or
firm, including but not limited to-
(a) certified copies of the identitl documents of the principal or
principals of the firm;
(b) rvhere there are more than trventy principals, certilied copies
of the identity documents of tu,enty principals of the firm; I

(c) in the case of a foreign contractor-

(D proof ofburrent registration status from their country of
domicile or origin, in addition to complying rvith section
l8 of the Act; and

(ii) sufficient proof of financial capability of the contractor;

(d) proof of registration rvith an association of contractors;
(e) proof of employment of qualified persons by the contractor;
and

(0 in the case of an application relating to specialized rvorks, a

certified copy of the current licence issued by the relevant
statutory regulatory or Authortrty or organiziition.
(3) If an application in relation to this regulation is made
electronically, the supporting documents referred to in sub-regulation
(3) shall be submitted to the Authority by registered mail or by hand
delivery.
(a) An application shall not be considered duly completed for
purposes of this regulation, unless all documents are received by the
Authority.
(5) The Authority shall make a decision on an application by a
person of firm within thirty days of receiving such application
including rejection if such person does not fully comply with
requirements set by the Authority, and shall inform the applicant
accordingly giving reasons for such rejection.
(6) An application form for registraiion may be made in English
or Kiswahili.
 Ke ttya Sub sid iart' Le g i slation, 20 I 4 459

(7) A register of registered contractors shall be kept in

irccordunce n ith section l9 of the Act.
(l)-l'he Authoritl shall assess eyery application received for
-1. Evahrationof'

thc rnaudatorl reqLrirernents set out in Parts I, Ii and III of Form I set
Application'

out in the First Schedulc.

(2) In rnaking its evarluation under paragraph (l) the Authority
shall arrard poillts to the iipplictrnt in accordance rvith the particulars
sct out in the Second Schedule ancl shall classify the applicant in
accorclancc u ith the classes set out in the Third Schedule rvhich shall
depcrrcl on thc scope ancl costs ol the s ork involved.

(3) 'fhc scope and cosl of rvorks reierred to in paragraph (2)

shall bc as specilied b1 the AuthoritS'frorn tirne to tirne,
-5. il) A person
rrho clualifies lor registration shall be issued rvith Certficate of
Regisration.
a ('crtil'icate of Rcgistration bl the Authority.

(2) Notrrithslaudirrg an) other provision of these Regulations,

thc Boitrd rniil rvherc it clce rns il appropriate register an applicant tbr a
catcgor\ ol'rvorks other than that applied for.
6. Anr skilled ctlnstruction s'orker or conslruction site supervilor Exemption lionr
registration 1br local
carrf ing, ()ut construction rvorks specified in the proviso to section contraclors.
l6( I ) ol'thc Act shall bc e renrpted frorn registratioll as a contractor.
7. A pcrsou or I'irnr shall subrnit au annual application fbr Rerrewal of
registt ation.
rcrrcrlal ol' thc ccrtil'icatc ol' re gistration to the Authority in the
prcscritrccl tilrrn accornpanied b1 the' prcscribecl [ee, and the Authority
shall proccss the application in accorc.lance rvilh thc provisions o1'
rr,'grrlirtion 4.

tt. (I ) A pcrson u ho is aggrio ecl b1' the clecision of the Board in Petition tbr revierv

rclation to thc catcgorl ot' registration undcr regulntion 4(2) may

suburit a n'rittcn petition indicatingi the reasous of such grievance,
su{'l'icicnt to.iustil'1' rcvicrr or the asscsslnent b) Authority.
(2) 'l'hc Authoritl' shall rvithin thirtl clays ol'receiving a petition
tunclcr parirgraph 1l) notifl the person ot'thc Board's decision on both
applications.
(3) A pcrson aggrieved b1' thc dccision ol'thc lltlarcl may apply'
to the Appcals Boirrcl rvithin thirtl clal's froln thc ilate of ntttil'ication ttf
thc Board's decision, proviclccl that an) person ag-urieved by the
clecision ol the Appeals Board ural' preler a ftrrther appeal to the High
C--ourt rvithiu thirtl' days ol' the date ol the clecisitu by the Appeals
Board.

9. ( I ) Registration of contractors under N(-'A - I catcgory shall be Restriction

open to both local and lbreign contractors.

(2) Any registrations that fall betrveen NCA -2 to NCA -8 as set
out in the'fhird Schedule o1'the Regulations shall be restricted to local
contractors only.
10. ( I )A contractor may make an application fbr upgrading to the Application lbl

ui"o*puni"a ty
rrpgradirtg'
Authority in a form to be prescribed by ihe Authority
 460 Kenya Subsidiary Legislation, 2014

the prescribed fee, and the Authority shall process the application in
accordance with the provisions of regulation 3.
(2) An application under paragraph (l) shall be submitted
together with proof of the construction rvork on the basis of which it is
made.

ll. (l)The Authority may transfer the records in its custody in Transferof records.
respect of one contractor to another contractor and treat them as if they
were the same entity for the purpose of assessment in the eveht rvhere -
(a) th,e first contractor, being a sole proprietor, partnership or
trust, establishes a company-as under the Companies Act;
cap
(b) rJre name of the contractor is changed in accordance rvith the 486

relevant law;
(c) the company is re-organized; or
(d)compra4ies are amalgamated or taken over,

(2) The previous records of a contractor shall be reflected in any

future application made by such contractor for the purpose of
determining the category of registration of the contractor.
12.(l)Sutlject to section l8 of the Act, a foreign person or firm Registrarionof

registration as a contracto. on appii"ution to the

roreigncontractors'
shalL be
"iigitl.'lfor
Authority and payment of the prescribed fees.
(7t) Where a foreign firm applies under this regulation to
undertake construction works or project under category NCA l, such
firm slhall demonstrate to the Authority its capacity for such works.
(3) The application under paragraph (l) shall be accompanied
by-
(a) the applicant's financial statements as at the date of the
application;
(b) detailed information on the value of constructiorl works or
projects done and completed lncally in other jurisdictions;
(c) proof of plant, equipment and machines holding;
(d) an undertaking in writing that the foreign person or firm-
(i) shall subcontract or enter into a joint venture with a
local person or local firm for not less than thirty
percent of the value of the contract work for which
temporary registration is sought;
(ii) shall transfer technical skills not available locally to a
local person or firm in such manner as the Authority
may determine from time to time;
(e) any other requirement that the Board may determine from
time to time.
(4) A registration under this regulation shall-
(a) be valid for the period of the construction works contract or
project in question;
 Kenya Subsidiary kgislation, 20 I 4 46t

(b) lvhere applicable be renewable every calendar year, failure to

which the registration shall stand cancelled by the Board.
13. Application for renerval of the licence shall be submitted to Application for
renewal
the Authority in rvriting at least thirty days before the expiry of such
licence.
14. In each year during rvhich a contractor holds a licence, the Continuous
Professional
contractor or, in the case of a firm or company,'the partner or director Development
lvho possesses technical qualifications, skills or experience shall attend
at least one Continuous Professional Development event recognized by
the Authority and the Authority shall consider the attendances while
determining an application to renew or upgrade the Contractor.
PART III _JOINT VENTURES
(l)The Authority may register joint ventures on application
15. Registration ofJoint
ventures
made in r,vriting by the persons intending to enter into joint venture
I agreements.
I (2) Applications under this regulation shall be made to the
Authority in the prescribed form and on payment of the prescribed fee
and shall indicate-
(a) the sum of the annual turnover of all the membsrs to the
joint venture;
(b) the sum of ihe available capital of all the members to the
I

joint venture;
( c) the total number of equivalent full-time qualified employees;
(d) the category in which the joint venture wishes to be
registered; and
(e) the Plan, equipment and machine holding of the joint
ventures.
16. (t) The ratio of ownership of a joint
venture for construction Ration ofownership
ofjoint verrtures.
rvorks betrveen a local firm and a foreign firm shall be at least thirty
percent fbr the local firm.
(2) The profits of the construction works shall be shared in line
w ith the arrangements set out in paragraph ( I ).
(3) The employees of the joint venture to rvhich this regulation
applies shall be competitively recruited from the local labour market,
and recruitment or employment of foreign technical or skilled lvorkers
on such contrilct shall only be done rvith the approval of the Authority
l'here such skills are not available locally,
(-l) The Authoritl' may give such eremption on this regulation as
the Boarcl may deem appropriate.

PART IV-IDENTIFICATION AND REPORTING OF

CONSTRI.JCTION WORKS CONTRACTS OR PROJESTS BY
OWNER
(l) All construction rvorks, contracts or projects either in the
17. Registration of
construction works.
public or private sector shall be registered rvith the Authority in
accordance rvith the AcL
 462 Kenya Subsidiary Legislation, 2() l4

(2) An orvner shall make an application for registration ol a

project to the Authority in rvriting rvithin thirty days from the dare on
rvhich a tender for construction rvorks, contract or pro.ject is arvarded to
a contractor registered under this Act.

(3) The application under this regulation shall bc in thc

prescribed form and shall be made before the cornmcnccmcnt of the
construction rvorks contract or pro.iect togcther rvith such fce as thc
Board may prescribe.
(4) An application under paragraphs (2.1, shall indicatc-
(a) rvhether the project being registcrcd relates to a project that 1

consists of a series of contracts, to a joint Vcnturc:

(b) the nature of funding, w'hether by (iovcrnment, or donurs co-
founded by the Government and donors rlr othcr pcrsons:
(c) the programme, if any, to rvhich thc projcct re lalcs;
(d) whether the project relatcs to a public-privatc partncrship;
and
(e) that the appllcant acts on bchall'ol a clicnt.
(5) An orvner shall ensure that the tcnder lirr c<lnstruction works.
contract or projects is arvarded to a pcrson, f'irrn or c()nlritctor rcgistcrcd
under this Act.
(6) The Authority shall, rvithin thirty days I'rorn reccipt ol'the
duly completed application form in tcrms <-rl'paragraphs l()(2) and (3)
register the construction rvorks contract or pro.jcct and issuc a
compl iance certificate.
(7) Thc orvner shall in relation to construction rr'orks registercd
in accordance rvith this regulation submit to thc Authoritf in a
prescribed form, rvithin thirty days ol' such rcgistration, inlormation
relating to-
oia complction ccrtil'icatc;
(a) the issuance
(b) rvhether the contract is rcnervcd or thc contract pcri()(l
extended;
(c) rvhether the contract is cance Ilcd or tcrminated; and
(d) rvhethcr all paymcnts owing tcl thr: contractor have bcen
scttled.
(8) An orvner shall notify thc Authority ol any arbitration
entered into or litigation procccdings initiated in relation to
construction rvorks registcrcd undcr this Act rvithin thirty days l'rom thc
date of commencement of the proceedings,

18. (l)The orvner shall submit inlormation to thc Authority I(cprescntiltrvc ol

tlrc Owrrcr
identifying the person ol'thc orvncr's choice to act as a contacl person
to liaise rvith the Authority on the construction rvorks.
(2) Where a person identilied undcr paragraph (l) ceases to act
for the owner, the orvner shall notify thc Authority accordingly in
rvriting within thirty clays from such ccssation.

L
 Ke ny'u Subsidiar t- kg,islation, 20 l4 .163

I,A R'r v - C tlR'l't [. t c]A]'roN A N D ACC REDT'fA'r'toN oF

S K I l.l-l1D (lON S'l'RtJ ( l'f ION WORK I:RS A N I) (lON S'l'RtJCl'lON
. Sl'l'll StiPERVlSORS
19. 'l'hc Authoritl shall accrcdit ancl ccrtily all construction Accr cdilatiorr

rvorke rs iutd cotrstruction site supcrvisors in accordancc rvith tltc Act.

(
20. (l)'l-hc Authority shall rcgister skilled corrstruction rvorkcrs lirsscs ol skilled
c0rsltucli(nr
runder <lnc or lnorc ol'thc classcs or rvorks providcd in thc'l'hirul ttlkcrs-
Scltctlrtlt: lr r lltc Acl
(2) A crustruction rvorkcr rcl'errcd to in paragraph (l) shall be
rcgistcrcd t() carry out, or undertakc t() carry or.rt constructiun rvorks lirr
rlr on bchall'ol'anothcr porson, lirr a l'ixcd surn, pcrccntagc, r'aluc,
considcration, walles or othcr rcrvard.
21 . A
constnlcti()n sitc supe rvisor shall bc accrcditcd in Classcs ol'
coilslt Icli([r silc
tuccordancc rvith thc Act in onc ()r lnorc ol' tlrc classcs ol' rvorks srr;lctvisrl s
providcd in thc 'l'hird Schcclulc thcrcol' to urtclcrtakc supcrvision ancl
co ordination ol' constructiorr rrorkcrs or othcr pcrsons undcrtaking thc
same class ol'rvork lirr or on bchall'ol'anothcr pcrson lirr a l'ixccl surn,
pe rccntagc, or valuahlc cottsidcration, wagcs rlr othcr rcrvartl.

22. (l) 'l'hc Autlroritl' shrrll lrccreilit a person undcr this I'art il'thc I:ligibility lirr
Accrcdilrliorr
pcrson
-
(a) posscsscs thc qualil'ications scI hy thc Authority lirr lhc cluss
ol'contract rvorks scl ilut in the 'l'hirul Schcdulc t(),thc Act, iu
respcct ol' rvlrich thc irpplicirtion is rnadc; or
(b) posscsscs such othcr qutlil'ications as, in thc opiniorr ol' thc
Authoritl,, are cquivalcnt to thc t;ualil'icatiorrs spccil'icd in
ptrragraPh (a), ancl has thc pritcticitl crperioncc to thc
satislirction ol'thc lirard, rvhcther irt Kcnl'a <lr clscrvhcre, lo
cornplcrne nt such qualil'ications; rlr
(c) hus othcrrvisc satisl'icd thc Authority that ho possesscs such
practical crpcricncc, so irs to rcndcr hirtt cornpclcnt to bc
accrcditcd ils a conslrucliorr rvorkcr rlr sitc supcrvisor at thc
discrctiorr trl thc Authoritl'; or
(cl) has succcssl'ull1' undcrgonc such skills asscssrncnt irs thc
Authority' mirl' concluct lirr this purpose
(2) A
person shall bc cligiblc lilr accreditalion or rcnerval ol'
accrcditation as a construction site rvork il'tltc pcrsott-
(ir) has successl'rrlly cornplc(ed such trritlging c()urse as rnay hc
conducted try or ort lre hall'ol'tlte Authority;
(b) posscsses such c\pcrie ncc w'lrcthe r irr Ke rtya rlr clscl'hcrc as,
ilr thc opinion ol' thc Authority, cornplcrncnts thc rcquircd
qualil'ications; or
(c) has othcrrvise satisl'icd thc Aut.hority that he posscsscs such
othcr qualif icalions or cxpcrienr:c. knorvlcdgc and skills as,
in thc opinion ol' thc Authority arc ccluivalcnl to thosc
prescribed in respect ol'thc class applicd l'or.
 464 Kenya Subsidiary l*gislation, 20 I 4

(3) 'Ihe Authority shall consider the v,;nduct of an applicant

while making a decision on the accreditation of the applicant and may
make inquiries and conduct investigations rvhich are reasonable and
appropriate in the circumstances of each case so as to be satisfied of the
knorvledge, skills and experience of such applicant.
(4) The Authority may conduct skills assessments and referee
checks rvhile making decision to accredit or renerv the accreditation of,
an applicant.

(5) A person accredited as a construction site supervisor in

respect of any of the classes of construction rvorks shall be deemed to
have been accredited as a construction rvorker for the same class.

23. Every accreditation of a construction rvorker or construction Validity of

accreditation.
site supervisor under these Regulations shall be valid for a period'of
three years and may be renerved for a similar period.

24. ( I )The Authority rnay reject an application under these Rejection of

application.
Regulations if the applicant-
(a) presents false documents for accreditationl
(b) knorvingly makes use of any document of accreditation that
is false; or
(c) impersonates any other person named in any certificate of
accreditation.
(2) A person rvho presents false documents under the paragraph
(l)commits an offence and shall be liable on conviction to a fine not
exceeding fifty thousand shillings or imprisonment for trvo months or i
to both.
(3) Subject to paragraph (l), the Authority may suspend or-
cancel or refuse to accredit any construction rvorker or site supervisor
if-
(a) the applicant has knorvingly allorved details of such
accreditation to be included in the manpolver programme for
more than one construction rvorks contract or projects
carried out at the same time;
(b) such applicant is convicted of any offence under this Act;
(c) it is in the public interestor national security to do so; or
(d) for other reason the Board may determine from time to time.
(4)The Board shall not exercise its porvers under sub-regulation
(3) unless an opportunity of being heard has been given to such
applicant against rvhom the Authority intends to exercise such porvers.
(5) An applicant rvhose accreditation as a construction rvorker or
construction site supervisor is suspended or cancelled under this
regulation shall, rvithin fourteen days after notification by the Authority
of-such cancellation, surrender to an authorized officer certificate of
accreditation, failing rvhich the applicant shall be guilty of an offence
under the Act.
 Kenya Sub s idiary Le g is latio n, 20 I 4 465

(6) The Authority shall corrvr'l the accreditation of every

deceased construction lvorker or construction site supervisor upon
notification to the Authority or on the Authority's orvn volition.
PART VI-COLLECTION AND PAYMENT OF CONSTRUCTION
LEVY
25. There shall be payable to the Authority by the owner of any Imposition oi lelry

rvorks a construction levy of 0.5 per cent of the value of the contract
sum in respect of any construction works lvhose value exceeds five
million shillings.
26. (l)Every owner shall notify and submit to the Authority in a Owner lo report

prescribed form the details of any contract or project which it has

arvarded to a contractor rvhose sum or value exceeds five million
shillings for the purpose of payment of the construction levy provided
under section 3l of the Act.
(2) The Authority shall notify the orvner of the amount of levy
to be paid in respect of the contract in paragraph (l) within fourteen
days of receipt of the notification and the leyy shall be paid before the
commencement of the contract works.
(3) The levy shall be paid to the Authority or its authorized
agents at such office or place as may be determined in writing or press
notification by the Authority.
(4) Notwithstanding any other provision of
these Regtrlations,
the Authority may consider the final value of the completed works and
assess the amount of levy afresh, and may thereafter, depending on the
result of lhe assessment, request the owner to add on the amount
originally paid by the owner or refund any amount found to be in
excess of the corrected final contract amount.

(5) Any amount of construction levy which remains unpaid after

a period of three months from the date on which it falls due shall be
,summarily recoverable from the owner as a civil debt.
(6) The Authority may suspend, cancel or revoke the registration
of a contractor, who commences construction works for which the
owner has not paid the amount -of the construction levy as provided in
this regulation.
(7) Where more than one contractor are employed to undertake a
construction project, it shall be the responsibility of the main contractor
to ensure that the owner has paid the whole amount o[ the construction
levy to the Authority
(8) No levy shall be payable in respect of sub-contracted rvorks
which constitute part of a main contract for which a construction levy
has already been imposed.

PART VII_ENFORCEMENI'
27. (l) There shall be payable to the Authoriti such f'ees lbr its l"ees

services as the Authority may, with the approval of the (labinet

Secretary, determine from time to time.
 166 Ketryu Strbsidiart Legislutiotr, 20 l1

(2)'fhc I'ecs dcterrniuecl uncler sub Regulatit)r) (l) abovc shall bc

publishcd irt the (iaz.ettc.
28. (l)'l'hc Authorit)' may upon reccipt ol'a cornplaint l'rorn an\ ..lrrr esligrlrorr ol'
(irrrrprlaint or
pcrson who is a$grieved by an action taken unclcr thc tcrrns ol'thc codc suspiciorr
ol- conduct or an ornission takc such actiou, or w'hcrc it has rcasonablc
grounds Lo tleterrninc that a person has actcd contrar)' to, or has ourittecl
to act in terms of the code ol crlnduct, the Authoritl' shall appoint an
invcstigating sub comrnittce carr) out an invcstigation into sr.lch
cornplaint or suspicion.
(2) Whcre thc complaint or the suspicion irnplicatcs a l)crson
s,ho is crnpkrl,ccl by a state organ or a bodl,cstahlishctl undcr au1
n'rittcn larv othcr tlran thc Authority, thc Autlroritl shall rcl'cr that
conrplaint or suspicion to tlre accotrnLing ol'l'ice r or accorrrrting
authorit), or tn)' other supcrvisor)/ pcrson or bodl hal'ing con(rol tlvcr
that pcrson li>r thc purposc ol'dcaling rvith thc cornplaint accurrlirrg kr
thc applicahlc cliscilllinary proccclurc. antl subrlit ir ctlpr ol'thc relcrral
to thc Audit (\lnrrni(tcc ol' thc organ ol' stAte conccrlrctl urrd thc
A ud itor-( icrrcrirl .

(.1) 'l hc irrvcsl.igating subcornmittcc shall ctlutluct thc

irrvcstig,utiort n'ithin tlrc tirnc stipulated h1,thc Authoritl,und subrnit its
t'cllort rtttrl recorttn.tcudrttion including rccornrncnrlution I'or sanctirlns
\\ lr(jre ll)l)rol)riirtc.

(-{) A pcrson sub.jcct to irrvestigation urrdcr this rcgulation shall

bc cntitlctl (o al)pcirr bcl'orc thc subcornuritl.cc in pcrson or through an
lttlY0clrtc.
(.5) 'l'he rcgistration ol' a contractor shall bc suspcndccl al'tcr
invcstigatious iultl his concluct havc bqcn concluclcd ancl it is
cstablishcd tllirt thc coutractor has crrgagod in misconduct.
(6) An invcstigation ctlrnnrittcc rnal' rnakc recornmcndittion rr,ith
rcs[)cct to Lhc con(ractor, inclucling rcvocation of the registration,
carrlion or ccnsrlro.
(7) Any contractor rvhosc licence is suspcnded shall not cntcr
into an1, ncrv cortlracl until thc suspcnsion has been lilted.
(tl) 'l.hc Authrlrity shall inlilrrn thc orvner ol' rvorks ol' any
suspcnsion ol'a contractor rvorking rvith hirn.
(9) 'l'he Authority rnay stop the sxccution ol' any contrtrct rvorks
rvhcrc it is in the public intcrest to do so.

29 (l)'l'hc Authority rnay rcmove thc name ol'a contractor l'rorn Rcnroval litrr
Ilcgister.
thc rcgistcr ol' contractors il' thc contractor-
(a) has bccn clcbarred from participating in a procuretncnt
process under any lcgislation;
(h) has bccn lbund guilty ol'non-compliance rvith the Code ol'
Conduct publishcd undcr thc Act;
(c) lzrils to comply rvith thc provisions ol' Regulation 27 rvi(h.
rcgard to the paymcnt of thc I'ees;
 Kettva Subsid iarl' Legislation, 20 I 4 467

tdl is declared bankrupt; or

(e) is a compan) rvhich ccascs to exist as a legal entity
t21 The Authoritl shall conduct an inquiry in to the conduct o1'
the conlractor in accordance * ith Section 22 <tf the Act belorc
rcmr-rving thc namc of'thc c()nlractor I'rom the registcr.
(3) (-:pon conclusion ol' thc Inquiry, thc Authority shall publish
thc name <.rl an) c(rntractor rvho has bcen dercgistered and shall dircct
that all c()nstruction contracts being cxccutcd by that contractor bc
terminatcd i mmediatclr .

An.r person aggrieved b1'thc action ol'thc Auth<lrity undcr

(.1.1

this Rcgulatir)n ma)' appcal to thc Appcals lJoard and thc provisions ol'
Rcgulation tt(31 shall apply in rcspcct ol'such an appcal.
FIRS'l'S(lHlil)UI-11
IIVALIJAI'ION (lRl'l'HRIA (R.4(l)
PARl' I- MANDA'IORY RIIQUIREMENTS IN THIi VARIOUS SE(:I'IONS

SEC'TION: COMI,ANY PROFILE I.OR OI.I.ICIAI, USts

Company name and Address

Ccrtil'icate of I ncorporation

Current Business License

Valid r.vork Permits for foreign staff

Referees

Tax gompliance Certificate

Declaration

PART II_ RECOGNITION QUALIFICATIONS FOR THE CONSTRUCTION

INDUSTRY

TECHNICAL AND PROFESSIONAL FOR OFFICIALUSE

QUALIFICATIONS
Degree in construction related field

Diploma in construction related field.

Diploma in construction related field.

Certificate in construction related field

Trade test in a Construction Trade.

 I

468 Kenya Subs idiary Le g islo.tion, 20 I 4

PART III SPECIALIST CONTRACTORS

-
For specialists contractors, the follorving qualifications are mandatory

Contractor Minimum requirement For Official use

I. Electrical Installations Electrical License C2

2. Electrical Installations Electrical License C2

3. Generating Plants, Lifts and Electrical License A.2

Escalators,

4. Radio co mmunication Licensed by CCK

5. StructuralCabling. Licensed by CCK

6. Telecommunication (PA BX, Licensed by CCK

Intercoms a ld Telephone
wiring).

7. Plumbing and Drainage. Government Trade Test Grade 2

8. Boilers, Incinerators and Boilers Inspectors'

Pressure Vessels License/Certificate under section
67( I 8) of Occupational Safety
and Health Act 2007.

SECOND SCHEDULE R.4(2)

EVALUATION OF OTHER PARTICULARS

Reference Particulars Max. Points o/o

Remarks
Section I Directors t2 Technical Directors, l0 other
Qualification directors
Section l:4 Staff Qualification 22 Technical staff l8 other staff 4
Section II Financial status 30 Turnover l2 marks
Largest project l2 marks
Cash available 6 marks.

Section III Office and Service 5

Facilities
Section IV Equipment Owned l5 Owned equipment full marks
Hired equipment 16 marks.
Section Firms Experience l6 Details of construction project
undertaken
TOTAL 100
 Renya Subsidiary Legislation,2014 469

THIRD SCHEDULE
CLASSIFICATION OF WORKSR.4(2)

NCA I 81-100
NCA 2 66-80
NCA 3 56-65
NCA 4 46-55
NCA 5 3G4,5

NCA 6 2t-35
NCA 7 r0-20
NCA 8 Below l0 points

Dated the 3rd June, 2014.

. CHARITY K, NGILU, .
Cabinet Secretary for Lands,
Housing and Urban Development.

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI