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National Construction Authority Act
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LAWS OF KENYA
NATIONAL CONSTRUCTION AUTHORITY ACT
CAP. 118
- Published in Kenya Gazette Vol. CXIII—No. 122 on 16 December 2011
- Assented to on 2 December 2011
- Commenced on 8 June 2012 by National Construction Authority Act Commencement
- [Amended by Revision of the Laws (Rectification) No. 2) Order, 2012 (Legal Notice 30 of 2012) on 11 May 2012]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2017 (Act No. 11 of 2017) on 4 May 2017]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2018 (Act No. 18 of 2018) on 18 January 2019]
Part I – PRELIMINARY
1. Short title.
This Act may be cited as the National Construction Authority Act, 2011.2. Interpretation.
In this Act, unless the context otherwise requires—"Authority" means the National Construction Authority established under section 3;"Board" means the Board of the Authority established under section 7;"chairperson" means the chairperson of the Board appointed under Section 7 (1);"class" in relation to contract, means any of the classes of contract works set out in the Third Schedule in respect of which a contractor may be licensed by the Board;"company" means a company within the meaning of the Companies Act Cap. 486;"construction site supervisor" means a person assigned to the construction site by a contractor to supervise construction works;"construction industry" means the industry concerning construction works;"construction works" means the construction, extension, installation, repair, maintenance, renewal, removal, renovation,nalteration, dismantling, or demolition of-(a)any building, erection, edifice, structure, wall, fence or chimney, whether constructed wholly or partly above or below ground level;(b)any road, harbour works, railway, cableway, canal or aerodrome;(c)any drainage, irrigation or river control works;(d)any electrical, mechanical, water, gas, petrochemical or telecommunication works; or(e)any bridge, viaduct, dam, reservoir, earthworks, pipeline, sewer, aqueduct, culvert, drive, shaft, tunnel or reclamation works, and includes any works' which form an integral part of, or are preparatory to or temporary for the works described in paragraphs (a) to (e), including site clearance, soil investigation and improvement, earth-moving, excavation, laying of foundation, site restoration and landscaping."contractor" means a person registered under section 15;"executive director" means the executive director of the Authority appointed under section 12;"member" in relation to the Board or the Appeals Authority includes the chairman and the vice-chairman;"Minister". means the Minister for the time being responsible for matters relating to public works;"person" includes a firm or body of persons, whether corporate or unincorporate;"register" means the Register of Contractors maintained by the Authority in accordance with the provisions of this Act;"registered" in relation to any contractor means a contractor whose name is entered in the relevant register;"Registrar" means the executive director.Part II – THE NATIONAL CONSTRUCTION AUTHORITY
3. Establishment and incorporation of Authority.
4. Headquarters.
5. Functions of the Authority.
6. Powers of Authority.
7. Membership of the Board.
8. Vacation of office.
The office of a member of the Board, other than an ex officio member, shall become vacant if the member—9. Conduct of business and affairs of the Board.
The conduct and regulation of the business and affairs of the Board shall be as provided in the Second Schedule, but subject thereto the Board may regulate its own procedure.10. Remuneration of Board members.
There shall be paid to the members of the Board such remuneration, fees or allowances as the Minister, in consultation with the Salaries and Remuneration Commission, may determine.11. Delegation by the Authority.
The Board may, by resolution either generally or in any particular case, delegate to any of its committees or to any member, officer, employee or agent of the Board, the exercise of any of the powers or the performance of any of the functions or duties of the Board under this Act or under any other written law.12. Executive Director.
13. Staff of the Board.
The Board may appoint such officers as may be necessary for the proper discharge of the functions of the Authority under this Act or any other written law, upon such terms and conditions of service as the Board may determine.14. Co-option of members and establishment of Committees.
Part III – TRADING AS A CONTRACTOR
15. Requirement for registration.
16. Meaning of "Contractor".
17. Application for Registration.
18. Registration of foreign contractors.
19. Registers of Contractors.
20. Publication of registers and lists.
21. Publication prima facie evidence of registration.
Inquiries by the Board
22. Inquiry into conduct of contractors.
23. Appointment of Investigating officers.
24. Suspension.
25. Deletion of name.
26. Powers of the Board with regard to register.
Part IV – APPEALS BOARD
27. Establishment.
28. Board may make the rules.
The Appeals Board may make rules for or with respect to the filing, hearing and disposal of appeals and other matters before it.29. Expenses of the Appeals Board.
The expenses of the Appeals Board shall be provided by the Ministry.Part V – FINANCIAL PROVISIONS
Funds of the Authority.30. The funds of the Authority shall consist of—
31. Imposition of levy.
32. Financial year.
The financial year of the Authority shall be the period of twelve months ending on the thirtieth June in each year.33. Annual Estimates.
34. The National Construction Authority Fund.
35. Accounts and audit.
36. Investment of funds.
Part VI – MISCELLANEOUS
37. Protection from liability.
38. Common seal.
39. Signification of documents.
All documents other than those required by law to be under seal made on behalf of the Board shall be signified by the hand of the chairman of the Board, the Executive Director, or any other member of the Board specifically authorized by the Board in that behalf.40. Protection of name.
Any person who, without the written consent of the Board, uses the words "National Construction Authority" in furtherance of, or as, or in connection with, any advertisement for any trade, business, calling or profession, commits an offence and is liable on conviction to imprisonment for a term not exceeding three years or a fine not exceeding one million shillings or to both such fine and imprisonment.41. Power to dissolve Board.
Notwithstanding any other provision of this Act, the Minister may by notice in the Gazette dissolve the Board where the Board performs its functions in a manner which is inconsistent with this Act.42. Power to make Regulations.
43. Supersession.
Where any conflict arises between the provisions of this Act and the provisions of any other law on the training, registration and regulation of contractors and construction workers, the provisions of this Act shall prevail.History of this document
31 December 2022
Revised by
24th Annual Supplement
Read this version
18 March 2020
18 January 2019 this version
04 May 2017
08 June 2012
Commenced by
National Construction Authority Act Commencement
11 May 2012
16 December 2011
02 December 2011
Assented to
Documents citing this one 76
Gazette 38
Judgment 24
Bill 6
Bench Bulletin 4
1. | Bench Bulletin - Issue 37 | |
2. | Bench Bulletin - Issue 41 | |
3. | Bench Bulletin - Issue 44 | |
4. | Bench Bulletin - Issue 52 |
Legal Notice 4
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
The National Building Code, 2024 | Legal Notice 47 of 2024 | 1 March 2024 |
The National Construction Appeals Board Rules | Legal Notice 7 of 2021 | 31 December 2022 |
The National Construction Authority (Defects Liability) Regulations | Legal Notice 64 of 2020 | 31 December 2022 |
The National Construction Authority Regulations | Legal Notice 74 of 2014 | 31 December 2022 |