The Quantity Surveyors Bill, 2026

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2026 National Assembly 13th [Bills Tracker NA Bill No. 6 of 2026] 20/02/2026 | 05/03/2026 | 21 | 26/05/2026
The principal object of this Bill is to provide a new legal and regulatory framework for the practice of quantity surveying in Kenya by establishing the Institute of Quantity Surveyors of Kenya. At present, quantity surveyors are regulated jointly with architects under the Architects and Quantity Surveyors Act (Cap.525),therefor,this Bill seeks to establish an independent Institute and Council to regulate the profession of quantity surveyors,enhance accountability,…

From the Bill’s Memorandum of Objects and Reasons (OCR extract).

Legislative progress

Introduced / Published: 1 Apr 2026

  1. First Reading
  2. Second Reading
  3. Committee of the Whole House
  4. Third Reading
  5. Presidential Assent

Current status: [Bills Tracker NA Bill No. 6 of 2026] 20/02/2026 | 05/03/2026 | 21 | 26/05/2026

Stage dates are back-filled from publication records and Hansard, and refined by editors. Some dates may be approximate or not yet recorded.

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United Democratic Alliance · Emurua Dikirr Constituency

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Notes

Source: https://www.parliament.go.ke/sites/default/files/2026-04/THE%20QUANTITY%20SURVEYORS%20BILL%2C2026.pdf

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Original document, hosted by Mzalendo. Source: parliament.go.ke.

Bill text

Read the Bill (OCR extract)

SPECIAL ISSUE

Kenya Gazette Supplement No. 21 (National Assembly Bills No.6)

REPUBLICOFKENYA

KENYA GAZETTE SUPPLEMENT

NATIONALASSEMBLY BILLS,2026

NAIROBI,20thFebruary,2026

CONTENT

| Bill for Introduction into the National Assembly- | PAGE | |-----------------------------------------------------|--------| | The Quantity Surveyors Bill,2026 | 101 |

NATIONAL ASSEMBLY RECEIVED

02MAR 2026

DIRECTOR LEGAL SERVICES P.O.B041842-00100,NAIROBI

THEQUANTITYSURVEYORSBILL,2026

ARRANGEMENT OF CLAUSES

Clause

PARTI-PRELIMINARY

  • 1-Short title.
  • 2-Interpretation.
  • 3-Objects and purpose of the Act

PART II-THE INSTITUTE OF QUANTITY

SURVEYORS

  • 4-Establishment of Institute
  • 5-Membership of the Institute
  • 6-Functions of the Institute
  • 7-Council of the Institute
  • 8-Executive Director.
  • 9-Staff of the Institute.
  • 10-Experts and consultants.
  • 11-Delegation by the Council.
  • 12-Remuneration of Council members
  • 13-Conduct of the business and affairs of the Council.
  • 14-Common seal.
  • 15-Protection from personal liability.
  • 16-Examinations Board.
  • 17-Functions of the Examination Board.
  • 18-Liability of council for damages.
  • PART II-REGISTRATION OF QUANTITY SURVEYORS
  • 19-Registration Committee.
  • 20-Functions of the Registration Committee.
  • 21-Decision of the Registration Comittee.
  • 22-Categories of registration.
  • 23-Qualification for registration.
  • 24-Disqualification from registration.
  • 25Registration of quantity surveyor firms.
  • 26—Registration of foreign quantity surveyors.
  • 27—Application for registration.
  • 28-Register.
  • 29-Removal of namesfrom the Register
  • 30-Correction of Register.
  • 31-Reinstatement to the register.
  • 32-Use of title
  • 33—Application for practising certificate

PART IV-PROFESSIONAL CONDUCT AND

DISCIPLINE OFMEMBERS

  • 34-Establishment of the Professional Conduct and Discipline Committee.
  • 35-Functions of the Professional Conduct and Discipline
  • Committee.
  • 36-Disciplinary Proceedings Professional Conduct and
  • Discipline Committee.
  • 37-Inquiry by the Professional Conduct and Discipline
  • Committee.
  • 38-Review.
  • 39- Appeals.
  • 40- Professional misconduct.
  • 41-Lifting of suspension.
  • PART VI-FINANCIAL PROVISIONS
  • 42—Funds of the Institute.
  • 43-Financial year.
  • 44—Annual estimates.
  • 45-Accounts and audit.
  • 46-Investment ofFunds.
  • 47Annual reports and publication.

PARTVII-OFFENCES ANDPENALTIES

  • 48-Holding out as a registered quantity surveyor.
  • 49-Falsification of registers or records.
  • 50-General penalty.

PARTVIII-PROVISIONS ONDELEGATED POWERS

  • 51-Regulations.

PARTIX-TRANSITIONALPROVISIONS

  • 52-Transition.
  • 53-Transfer offunctions.
  • 54-Repeals and Savings.
  • 55-Consequential amendments to other Acts.

FIRSTSCHEDULE

-PROVISIONSASTO THECONDUCTOF BUSINESS AND AFFAIRS OFTHE

COUNCIL

SECONDSCHEDULE- CONSEQUENTIAL AMENDMENTS

THEQUANTITYSURVEYORSBILL,2026

A Bill for

AN ACT of Parliament to provide for the establishment

of the Institute of Quantity Surveyors of Kenya; to regulate the practice of quantity surveying; to provide for the registration and licensing of quantity surveyors; to establish a Council of the Institute;to provide for discipline, standards, professional conduct and accreditation; and for connected purposes

ENACTED by theParliament ofKenya,asfollows-

PARTI-PRELIMINARY

  • 1.This Act may be cited as the Quantity Surveyors Short title. Act,2026.
  • 2.In this Act,unless the context otherwise requires-

"Cabinet Secretary"means the Cabinet Secretary for the time being responsible for matters relating to quantity surveying.

"Councilmeans the Council of the Institute of

Quantity Surveyors established under section7.

"Examinations Boardmeans the Quantity Surveyors

Examinations Board established under section 16.

"Institutemeans the Institute of Quantity Surveyors of Kenya established under section 4.

"member'means a person admitted to membership of the Institute under this Act.

"practising certificate"means an annual certificate

issued under section 32 authorizing practice as a quantity surveyor.

"professional misconduct"means conduct declared as such under section 39 and includes breach of the Code of

Conduct.

under this Act.

"Register"means the register kept under section 27.

"Registration Committee"means the committee

established under section 19.

Interpretation.

Objects and purpose ofthe

Act.

  • "Senior Quantity Surveyor" meansamember conferred the rank under section 5(3).
  • 3.The objects of this Act are to-
  • (a) establish the Institute of Quantity Surveyors of
  • Kenya;
  • (b) regulate the practice of quantity surveying in Kenya;
  • (c) protect the public by ensuring competent and ethical professional practice;
  • (d)uphold standards of professional education, training and conduct in the practice of quantity surveying;
  • (e) provide a framework for registration,licensing and discipline;
  • (f) to enhance consumer protection and promote
  • public interest;and
  • (g) align the profession with international best
  • practices.

PART II-THE INSTITUTE OF QUANTITY SURVEYORS.

  • 4.(1) There is established an institute to be known as the Institute of Quantity Surveyors.
  • (2) The Institute shall be a body corporate with perpetual succession and a common seal and shall,in its corporate name,be capable of-
  • (a) suing and being sued;
  • (b) purchasing, acquiring, holding or disposing of
  • property;
  • (c) borrowing money;
  • (d) acquiring,holding and disposing of investments in other enterprises subject to approval of the members of the Institute;and
  • (e) doing or performing all such other things or acts necessary for the proper performance of its functions under this Act,which may lawfully be done by a body corporate.

Establishment of Institute.

  • (3) All courts, judges and other persons acting judicially shall take judicial notice of the seal of the Institute affixed to a document and shall presume that it was duly affixed.
  • (4) The Headquarters of the Institute shall be in

3. Nairobi County.

  • (5) Despite subsection (4), the Institute shall ensure access to its services in all parts of Kenya to the extent that is practicable to do so.

5. (1) A person who is registered under this Act shall be a member of the Institute.

  • (2) The members of the Institute shall include-

7. (a) fellows,being members of the Institute recognized tohave rendered outstanding services to the 8. profession of quantity Surveyors; 9. (b) members registered under section 22; 10. (c) associate members,being persons eligible to be 11. registered under section 22, who do not meet the requirements prescribed under section 22; 12. (d) affiliate members, comprising those members who work in the built industry but are not quantity surveyors; 13. (e) corporate members,comprising both private and public institutions and organizations and including companies,partnerships and other corporate 14. bodies; and 15. (f) such other category as the Council may establish.

  • (3) The Council may grant a letter of conferment to a

17. member of the Institute of irreproachable professional conduct who has rendered exemplary service to the quantity surveying practice and public service in Kenya conferring upon him or her the rank and dignity of Senior quantity surveyor.

  • (4) Where the Council considers that a member of the Institute has fulfilled such requirements,if any, for admission into Fellowship as the Council may prescribe,

Membershipof

the Institute.

the Council may invite such member to become a Fellow of

the Institute.

  • (5) Where the Council considers that a person,not being a member of the Institute has rendered exceptional services to the Institute or the profession of quantity surveyors, the Council may invite the person to become an Honorary Fellow of the Institute.

2. (6) The members of the Institute as specified in this section shall pay such membership fees,subscriptions and penalties as the Council may from time to time determine through regulations and subject to the members approval.

  • (7) The members of the Institute under subsection (2) shall be entitled to such rights of membership as the Council may prescribe.

6. (1) The functions of the Institute shall be to-- 5. (a) regulate the practice and standards of quantity surveying in Kenya; 6. (b) register and license quantity surveyors and firms in 7. accordance with this Act; 8. (c) develop and enforce a code of ethics and professional conduct; 9. (d) accredit tacademic and professional training 10. programmes in quantity surveying, in consultation with relevant bodies; 11. (e) conduct or cause to be conducted professional 12. examinations; 13. (f) promote continuous professional development for 14. its members; 15. (g) protect the interests of the public in all matters relating to quantity surveying practice; and 16. (h) perform such other functions as may be conferred by this Act or any other written law.

  • (2) The Institute shall perform its functions in the public interest and in accordance with the values and principles under Articles 10 and 232 of the Constitution.

7. (1) The management of the Institute shall vest in a 19. Council of the Institute comprising of -

Functions of the

Institutc.

Council of the Institute.

  • (a) a President who shall be a quantity surveyor with at least fifteen years'experience in practice of quantity surveying,elected by the members of the Institute in the manner prescribed by regulations;
  • (b) the head of quantity surveying in the ministry for the time being responsible for matters relating to
  • quantity surveying;
  • C one member,who shall be appointed by the Cabinet Secretary for the time being responsible for matters relating to quantity surveying, representing gconsumers of quantity surveying
  • services;
  • (d)five other members who shall be practising quantity surveyors elected by quantity surveyors in the manner prescribed by regulations,two of whom shall possess at least fifteen years experience in the practice of quantity surveying; and
  • (e) the Executive Director,as an ex officio member of the Council.
  • (2) A member elected to the Institute under subsection (1)(a) and (d) shall hold office for a period of three years and shall be eligible for re-election for a further term of three years.
  • (3) At least one-third of the Council members shall be of either gender,and the Council shall reflect the regional and ethnic diversity of the people of Kenya.
  • 8.(1) There shall be an Executive Director of the Institute who shall be competitively appointed by the Council,and whose terms and conditions of service shall be determined bythe Council in the instrument of appointment.
  • (2) A person shall not be appointed as an Executive Director under this section unless such person-
  • (a) is a registered quantity surveyor;
  • (b) has had at least ten years of proven experience as a
  • quantity surveyor;and
  • (c)meets the requirements of Chapter Six of the
  • Constitution on leadership and integrity.

Executive Director.

  • (3) The Executive Director shall-

2. (a) be the secretary to the Council; 3. (b) subject to the directions of the Council,be responsible for the day-to-day management of the affairs of the Institute; and 4. (c) be responsible to the Council generally for the implementation of this Act. 5. 9.The Council may appoint such officers,agents and 6. other staff as are necessary for the proper and efficient discharge of the functions of the Institute and the Council under this Act,upon such terms and conditions of service as the Council may determine. 10. The Council may, on the advice of the Executive Director,engage on behalf of the Institute, the services of an expert or a consultant in respect of any of the functions of the Institute in which the experts or consultant has special competence. 11. The Council may,by resolution delegate to any committee or toanymember,officer,employeeor agentof the Council,the exercise of any of the powers or the performance of any of the functions or duties of the Council or the Institute under this Act or under any other written law. 12. The members of the Council shall be paid such, fees,allowances and disbursements for expenses as may be determined by the Council. 13. (1) The conduct of the business and affairs of the Council shall be as provided in the First Schedule.

  • (2) Except as provided in the First Schedule,the Council may regulate its own procedure.

12. 14.(1) The common seal of the Institute shall be kept in the custody of the Executive Director or of such other person as the Council may direct, and shall not be used except upon the order of the Council.

  • (2) The common seal of the Institute,when affixed to a document and duly authenticated,shall be judicially and officially noticed, and unless the contrary is proved,any necessary order or authorization by the Council under this section shall be presumed to have been duly given.

Staff of the Institute.

Experts and

consultants.

Delegation by the Council.

Remuneration of Council members.

Conduct of the business and affairs of the Council.

Common seal.

15. No matter or thing done by a member of the 2. Council or by any officer,member of staff,or agent of the Council shall,if the matter or thing is done bona fide for executing the functions,powers or duties of the Council under this Act,render the member,officer,employee or agent or any person acting on their directions personally liable to any action, claim or demand whatsoever. 3. 16.(1) There is established a committee of the Council to be known as the Quantity Surveyors Examinations 4. Board.

  • (2) The Examination Board shall be a body corporate with perpetual succession and a common seal and shall,in its corporate name,be capable of-

6. (a) suing and being sued; 7. (b) purchasing, acquiring, holding or disposing of 8. property; 9. (c) borrowing and lending money; 10. (d) acquiring, holding and disposing of investments in other enterprises subject to approval by the Cabinet Secretary for the time being responsible for finance;and 11. (e) doing or performing all such other things or acts necessary for the proper performance of its functions under this Act,which may lawfully be done by a body corporate.

  • (3) The Examinations Board shall consist of-

13. (a) four persons who shall be registered quantity surveyors, nominated by the Council, one of whom shall be a distinguished academic scholar with at least ten years of experience in the management of university education; 14. (b) two persons nominated by the Cabinet Secretary for the time being responsible for matters relating to education,one of whom shall be from the Kenya Institute of Curriculum Development and one from the Kenya National Examination Council; and

Protection from

personal liability.

Examinations

Board.

  • (c) one person nominated by the Commission for University Education;and
  • (3) The Chairperson of the Examination Board shall be appointed by the Council from amongst the members of the Examinations Board under subsection (2)(a).
  • (4) A member appointed to the Board under subsection (2)(a) shall hold office for a period of three years and shall be eligible for reappointment for a further and final term of threeyears.
  • 17.(1) The Examination Board,with the approval of
  • the Council, shall-—
  • (a) set,conduct, and moderate professional examinations for quantity surveyors;
  • (b) accredit training programmes and institutions in consultation with the Ministry of Education;
  • (c) advise the Council on matters relating to education, syllabus,and examinations; and
  • (d) perform such other functions as the Council may delegate.
  • (2) The Examination Board may co-opt such experts as it may consider necessary in furtherance of its functions.
  • 18.Section 15 shall not relieve the Council of the to their property or to any of their interests caused by the exercise of any power conferred by this Act or by the failure,whether wholly or partially,of any works.

PART III-REGISTRATION OF QUANTITY SURVEYORS

19. (1) There is established a committee of the Council to be known as the Registration Committee comprising of

  • (2) The Registration Committee shall consist of-

3. (a) a chairperson, being a member of the Council 4. appointed by the Council from among its members; 5. (b) two registered corporate quantity surveyors of not less than seven years' standing,elected by 6. members of the Institute;

Functions of the Examination Board.

Liability of the Council for damages

Registration

Committee.

  • (c) one member from the Examination Board;
  • (d) The Executive Director,who shall be the secretary of the Registration Committee.
  • (3) The quorum of the Committee shall be three members,one of whom shall be the chairperson.
  • 20.The Registration Committee shall-
  • (a) receive and evaluate applications for registration and practising certificates;
  • (b) verify the academic and professional qualifications
  • of applicants;
  • (c)recommend to the Council the approval or refusal of applications;and
  • (d) perform any other functions relating to registration as the Council may delegate.
  • 21.(1) The Registration Committee shall submit its recommendations on each application to the Council for approval.
  • (2) The Council may-
  • (a) approve the recommendation and direct that the applicant be registered or issued with a practising certificate;or
  • (b) reject the recommendation and require the Committee to reconsider the application.
  • (3) An applicant who is aggrieved by the decision of the Council may apply for a review of the decision.

22. (1) The Council may register quantity surveyors in

  • the following categories-
  • (a) graduate quantity surveyor, being a person who has satisfied the academic qualifications under section 23 (1) (a) or (b) but has not completed the prescribed practical training or professional
  • examination;
  • (b) corporate quantity surveyor, being a person who has satisfied the requirements under section 23 (1) (a) to (f) and is entitled to full professional practice;

Functions of the Registration Committee.

Decisions of the Registration

Committee.

Categories of

registration.

  • (c) associate or technician quantity surveyor, being a person who holds such diploma or other qualification in quantity surveying as may be prescribed, and is authorized to perform such functions as may be limited by regulations; and
  • (d) Students undertaking adegreeinquantity surveying or technical quantity surveying.
  • (2) The rights and obligations of each category of registration shall be as prescribed by the Council in regulations.

23. (1) A person shall be eligible for registration as a

  • quantity surveyor if that person-
  • (a) holds a degree in quantity surveying from a university or institution recognized by the Council
  • of Institute;or
  • (b) holds such other qualification in quantity surveying,building economics, construction management or a related field as may be approved by the Council;
  • (c) has completed such period of practical training or
  • internship under the supervision of a registered quantity surveyor or a quantity surveying firm as the Council may prescribe;
  • (d) has passed such professional examination or assessment of competence as may be prescribed by
  • the Council;
  • (e) is a member in good standing of the Institute or such other professional body recognized by the
  • Council;and
  • (f) is of good professional standing and has not been convicted ofan offence involving fraud, dishonesty or moral turpitude, or found guilty of professional misconduct.
  • (2) Notwithstanding subsection (1),a person who,at the commencement of this Act,is registered as a quantity surveyor under any written law repealed by thisAct shall be deemed to beregistered under this Act.

Qualificationsfor registration.

  • (3) The Council may, by notice in the Gazette,

2. approve qualifications it considers sufficient to allow a person to be registered as a professional quantity surveyor. 24. A person is disqualified from being registered under this Act if the person- 4. (a) is convicted by a court of competent jurisdiction in Kenya or elsewhere of any offence involving fraud; 5. (b) is an undischarged bankrupt; 6. (c) is certified as being ofunsound mind by a medical practitioner;or 7. (d) is found by the Council to be guilty ofprofessional misconduct in accordance with this Act;and 8. (e) fails to meet the requirements of Chapter Six of the Constitution. 25. A firm shall be eligible for registration as a quantity surveying firm under this Act if- 10. (a) the firm is a partnership,limited liability partnership,or a company incorporated under the Companies Act; 11. (b) the firm has at least one partner, director,or 12. shareholder who is a quantity surveyor registered under this Act and who shall be designated as the principal quantity surveyor of the firm; 13. (c) all persons who, either alone or together with others,exercise control over the practice of the firm are registered quantity surveyors, unless the Council approves such other persons as may be prescribed; 14. (d) the firm maintains professional indemnity insurance and such other requirements as the Council may prescribe; and 15. (e) the firm fulfils any other condition as may be stipulated by the Council.

  • (2) A firm registered under this section shall be entered in the register of firms maintained by the Council and issued with a certificate of registration.

Disqualification from registration.

Registration of quantity surveying firms.

Cap.486

Registration of foreign quantity surveyors.

  • (3) No firm shall practice or hold itself out as a quantity surveying firm unless it is registered under this Act.
  • (4) The rights and obligations of registered firms, including the use of the firm's name, seal,and liability of partners or directors, shall be prescribed by regulations made under this Act.

3. 26.(l) A person who is not ordinarily resident in as a foreign quantity surveyor.

  • (2) A person shall be eligible for registration in this section if that person-—

5. (a) is duly registered or licensed as a quantity surveyor in their country of origin or in the country where they ordinarilypractise; 6. (b) produces a letter of good standing from the professional regulatory authority of that country; 7. (c) satisfies the Institute that the country of origin accords reciprocal treatment to Kenyan quantity surveyors; 8. (d) demonstrates possession of qualifications and experience equivalent to those required under this 9. Act;and 10. (e) intends to undertake practice in Kenya in collaboration with a quantity surveyor or firm registered under this Act.

  • (3) Temporary registration under this section shall-

12. (a) be valid for the duration of the project for which registration is sought or for a period not exceeding twelve months,whichever is earlier; 13. (b) be renewable upon application, subject to 14. conditions prescribed by the Institute;and 15. (c) not confer eligibility for election to the Council or 16. to hold office under this Act.

  • (4) A foreign quantity surveyor registered under this

18. section shall not practise independently in Kenya but shall practise in association with a local quantity surveyor or firm registered under this Act.

  • (5) A person who contravenes subsection (4) commits an offence and is liable on conviction to a fine not exceeding five million shillings or imprisonment

2. for a term not exceeding two years,or to both.

  • (6) The Cabinet Secretary may,in consultation with

4. the Institute, make regulations to give further effect to this section,including procedures for application,renewal,and recognition of foreign qualifications. 27. (1) An application for registration under this Act shall be made to the Council in the prescribed form and shall be accompanied by- 6. (a) proof of academic and professional qualifications; 7. (b) evidence of practical training or internship; 8. (c) proof of membership of a recognized professional body; and 9. (d)payment of the prescribed fee. 28. (l) The Council shall maintain a register Register containing- 11. (a) the names of persons and quantity surveying firms 12. registered under this Act; 13. (b) the names of all persons issued with a practising certificate; 14. (c) the regular business address of each registered person and quantity surveying firm. 15. (d) particulars of the cancellation of the registration of 16. any person or quantity surveying firm;and 17. (e) such other details as the Council may direct. 29. The Council shall remove from the register the name of a person or firm- 19. (a) who has died or,in the case of a firm, has been dissolved or wound up; 20. certificate within the period prescribed under this 21. Act; 22. (c) who has requested,in writing, that their name be removed from the register;

Application for registration.

Removal ofnames

from theRegister.

  • (d) who has been found guilty of professional misconduct or has contravened the codeof conduct prescribed under this Act;
  • (e) who has been convicted of an offence involving
  • fraud,dishonesty,or moral turpitude;
  • (f) who has obtained registration through fraud, misrepresentation,or concealment of a material fact;or
  • (g)who has been declared bankrupt or insolvent and
  • has not been discharged, in the case of an individual,or where the firm has entered into receivership or liquidation,in the case of a firm.
  • (2) Before removing any name under subsection (1) (d),(e),or (f),the Council shall-
  • (a) give the person or firm concerned written notice of its intention to remove the name,stating the
  • reasons;and
  • (b) afford the person or firm an opportunity to be
  • heard, either personally or through a representative.
  • (3) The Council shall publish in the Gazette and in
  • such other manner as it may determine, the name of any person or firm removed from the register.
  • (4) A person or firm whose name has been removed from the register under this section may apply for reinstatement upon satisfying the Board that the circumstances leading to removal have been remedied and upon payment of theprescribed fee.
  • 30.The Executive Director shall make any necessary alteration or correction in the register in relation to any entry.

31. Where the name of any person has been removed

  • from theregister,the Council may,eitherofits own motion or on the application by the person concerned made in the prescribed manner,and in either case after holding such inquiry as the Council thinks fit,direct that-
  • (a) the removal of such person's name from the register be upheld;or

Correction of Register.

Reinstatement to

the Register.

  • (b) the name of the person be restored in the register.

32. A person registered under this Act shall-

  • (a) by virtue of being so registered as a professional quantity surveyor,be entitled to take and use the title and description of "Quantity Surveyor"; and
  • (b) not take or use,or affix to or use in connection with his or her premises,any title or description,in addition to that of a quantity surveyor,other than as indicated by the particulars relating to his or her
  • qualifications entered in the register.

33. (1) A person or firm registered under this Act shall person or firm holds a valid annual practising certificate

  • issued by the Council.
  • (2) An application for an annual practising certificate shall be made to the Council in the prescribed form and shall be accompanied by-
  • (a) proof of registration under this Act;
  • (b) evidence ofcompliance with continuing professional development requirements as may be prescribed;
  • (c) evidence of professional indemnity insurance,in the case of a firm; and
  • (d)payment of the prescribed fee.
  • (3) The Council shall,upon being satisfied that the applicant meets the requirements of this section,issue an annual practising certificate in the prescribed form.
  • (4) An annual practising certificate shall be valid for a period of twelve months from the date of first January to the 31st of December of that particular year and shall be renewable upon application and payment of the prescribed
  • fee.
  • (5) The Council may refuse to issue or renew a
  • practising certificate to a person or firm that-
  • (a) is in arrears of any fees or penalties payable under
  • this Act;
  • (b) is under suspension from practice by order of the
  • Council;or

Use of title.

Application for practising certificate.

  • (c) has failed to comply with the prescribed conditions for practice.
  • (6) A person or firm aggrieved by the refusal of the Council to issue or renew a practising certificate may, within thirty days of such refusal, seek for review of the council's decision and may appeal to the High Court,where they are disatisfied with the decision of the Council upon review.

PARTIV-PROFESSIONALCONDUCTAND DISCIPLINE OFMEMBERS

34. (1) There is established a committee of the Council of the Institute to be known as the Professional Conduct and Discipline Committee.

  • (2) The Committee shall consist of-

3. (a) a chairperson, appointed by the Council from among its members; 4. (b) six registered quantity surveyors (other than the President,Vice-president or executive director),of not less than ten years standing,one of whom shall be a quantity surveyor who does not ordinarily practise in Nairobi, all of whom shall be elected and shall hold office for three years and be eligible for re-election.

  • (2) The quorum of the Committee shall be five members,one ofwhom shall be the chairperson.

35. The functions of the Professional Conduct and Discipline Committee shall be to- 7. (a) inquire into allegations of professional misconduct, negligence, or improper conduct on the part of any registered person or firm; 8. (b) hear and determine complaints lodged against registered persons or firms; 9. (c) recommend to the Council appropriate disciplinary measures, including reprimand, suspension,or 10. removal from the register; 11. (d) advise the Council on the formulation of a code of professional conduct and ethics; and

Establishment of the Professional Conduct and Discipline Committee.

Functions of the Professional Conduct and Discipline Committee.

  • (e) perform such other functions as may be conferred upon it by this Act or any other written law.
  • 36.(1) A complaint against a registered person or firm shall be made in writing to the Council and referred to the Professional Conduct and Discipline Committee for inquiry.

Disciplinary Proceedings.

  • (2) TheProfessional Conductand Discipline Committee shall notify theperson or firm concerned of the complaint and shall afford them an opportunity to be heard, either personally or through an advocate or representative.
  • (3) TheProfessional Conduct and Discipline Committee shall conduct its proceedings in accordance with the rules of natural justice and may receive oral or

3. written evidence.

  • (5) For purposes of the proceedings at any inquiry held,the Professional Conduct and Discipline Committee may administer oaths and may subject to any regulations made under this Act, enforce attendance of persons as witnesses and the production of books and documents.
  • (6) Upon conclusion of an inquiry, the Professional Conduct and Discipline Committee shall make a report and its recommendations to the Council.
  • (7) The Council shall, after considering the report of the Professional Conduct and Discipline Committee,make a decision on the matter and may--

7. (a) issue a caution or reprimand; 8. (b) impose a fine not exceeding such amount as may 9. be prescribed; 10. (c) suspend the person or firm from practice for a specified period;or 11. (d) remove the name of the person or firm from the register. 37. (l) For the purposes of any inquiry into disciplinary proceedings under this Act, Professional Conduct and Discipline Committee may- 13. (a) enter and inspect the premises of a registered person or firm during reasonable hours;

Power to inspect.

  • (b) require the production for inspection of any books, accounts,records, drawings, or other documents relating to the professional services undertaken by the person or firm;
  • (c) take copies of or extracts from any document
  • produced under paragraph (b); and
  • (d) require any person employed by, or acting on behalf of, the registered person or firm to provide such information as may be relevant to the inquiry.
  • (2)Aregistered personorfirmshall provide reasonable assistance to the Council or the Professional Conduct and Discipline Committee in the exercise of its powers under this section.
  • (4) Any information,document,or material obtained under this section shall be treated as confidential and shall not be disclosed except-
  • (a) for the purposes of the inquiry or disciplinary
  • proceedings;
  • (b) to the extent required for the proper performance of the functions of the Committee;or
  • (c) as may be required by a court of law.
  • (5) A person who-
  • (a) obstructs the Institute or the Committee in the exercise of its powers under this section;
  • (b) fails to produce any document or information
  • lawfully required under this section; or
  • (c)knowingly information,
  • provides falseor misleading
  • (d) commits an offence and shall be liable on conviction to a fine not exceeding one million Kenyan shillings or to imprisonment for a term not exceeding two years,or to both.

38. (1) A person or firm aggrieved by a decision of the Council under section 31(5) may, within fifteen days of being notified of the decision, apply in writing to the Council for a review.

Inquiry into disciplinary proceedings.

Review

  • (2). The Council shall consider the application for
  • review and may-
  • (a) affirm its decision;
  • (b) vary or set aside its decision; or
  • (c) substitute its decision with such other decision as it
  • considers just.
  • (3) The Council shall notify the applicant in writing of
  • its decision on review within thirty days of receiving the application.

39. A person or firm aggrieved by a decision of the Council on review under section 32may,within thirty days of being notified of the decision, appeal to the High Court. 40. (1) A person registered under this Act commits an

  • act of professional misconduct if the person-
  • (a) deliberately fails to follow the standards of
  • conduct and practice of the quantity surveying profession set by the Council;
  • (b) refuses, fails or neglects to apply established quantity surveying principles in the course of discharging his or her professional functions;
  • (c) is grossly negligent in the conduct of professional duties;
  • (d) discloses information acquired in the course of his or her duties to any person without the consent of his employer or client or otherwise than required by law;
  • (e) engages in activities which are in conflict with those of his or her employer or client or activities which are contrary to those for which he is registered as a quantity surveyor;
  • (f) allows a person not licensed to practice in his or
  • her name;
  • (g) violates Chapter six of the Constitution; or
  • (h) engages in undercutting, being the charging of fees below the scale of fees prescribed under this Act or the regulations made thereunder;

Appeal.

Professional misconduct.

  • (i) signs, stamps,or otherwise endorses any plan, drawing, report, specification, or other document which was not prepared by that person or firm, or under the direct supervision of that person or firm;
  • (j) permits their professional seal,signature,or name to be used in circumstances likely to mislead the public or to facilitate unprofessional or fraudulent practice;
  • (k) directly or indirectly holds out as being in partnership or association with a person or firm not registered under this Act, except as may be permitted by this Act or regulations; or
  • commits any other act or omission which,in the opinion of the Institute, constitutes professional misconduct or is likely to bring the profession into disrepute.
  • 41.(1) Where a member of the Institute has been suspended from practising, he or she may appeal to the Council for the lifting of the suspension at any time before the expiry of the suspension.
  • (2) Where the Council is satisfied that the suspension of a member of the Institute should be lifted, the Council shall, upon the receipt of the prescribed fee,lift the suspension and restore the member's registration and practising certificate.

PARTV-FINANCIALPROVISIONS

  • 42.(1) The funds of the Institute shall consist of-
  • (a) such monies or assets as may accrue to or vest in the Council in the course of the exercise of its powers or performance of its functions under this Act
  • (b) such monies as may be payable to the Council pursuant to this Act or any other written law;
  • (c) donations, gifts and endowments from lawful organizations or sources;
  • (d) such monies as may be appropriated by Parliament out of the Consolidated Fund for the purposes of
  • the Institute;

Lifting of suspension.

Funds of the Institute.

  • (e) proceeds of any investments by the Council; and
  • (f) grants.
  • (2) Any monies received by the Institute from the
  • Consolidated Fund shall be applied strictly for purposes approved byParliament.

43. The financial year of the Council shall be the

  • period of twelve months ending on the thirty first of December in each year.
  • 44.(l)Atleastthreemonthsbeforethe commencement of each financial year,the Council shall cause to be prepared estimates of the revenue and expenditure of the Council for that financial year.
  • (2) The annual estimates shall make provisions for all estimated expenditure of the Council for the financial year
  • concerned,and in particular shall provide for the
  • (a) payment of salaries,allowances and other charges
  • in respect of the staff of the Council;
  • (b) payment of pensions, gratuities and other charges in respect of former staff of the Council;
  • (c) proper maintenance of the buildings and grounds
  • of the Council;
  • (d) maintenance,repairand replacementofthe equipment and other property of the Council;
  • (e)payment of allowances of the members of the Council and the members of the committees and boards of the Institute; and
  • (f) creation of such reserve funds to meet future or
  • contingent liabilities in respect of retirement benefits,insurance,replacement of buildings or equipment,or in respect of such other matters as the Council may deem fit.
  • (3) The annual estimates shall be approved by the Council before the commencement of the financial year to which they relate.
  • (4) No expenditure shall be incurred for the purposes of the Council except in accordance with the annual estimates approved under subsection (3).

Financial year.

Annual estimates.

  • 45.(1) The Council shall cause to be kept proper
  • books and other records of accounts of its income, expenditure,assets and liabilities.
  • (2) Within a period of three months after the end of
  • each financial year,the Council shall submit to the general meeting of the Institute accounts of the Council,in respect of thatyear,together with-
  • (a) a statement of income and expenditure during that financial year;and
  • (b)a statement of the assets and liabilities of the Council on thelast day of that financial year.
  • (3) The accounts of the Council shall be examined,
  • appointed by the Institute at the general meeting
  • 46.(l) The Council may,with the approval of the members of the Institute invest any of the monies of the Institute which are not immediately required for its purposes in such manner as the members may direct.
  • (2) The Council,with the approval of the members of the Institute,may place on deposit with such bank or banks as it may determine any monies not immediately required for the purposes of the Academy.
  • 47.(1) The Executive Director shall, within three months after the end of each financial year,prepare and submit to the Council a report of the operations of the Institute for the immediate preceding financialyear.
  • (2) The Council shall,if the members of the Institute so requires,publish the report,balance sheet and statements
  • submitted to him or her under subsection
  • (3) The Council shall lay the report submitted under subsection (l) at an Annual General Meeting of members of the Institute after the receipt of the report.

PART VII-OFFENCESAND PENALTIES

  • 48.A person who, not being eligible to be registered under this Act,uses any title appropriate to a person so registered,or holds himself out directly or indirectly as being so registered,commits an offence and is liable on conviction to a fine not exceeding three million shillings,or imprisonmentfor a term not exceeding threeyears orboth

Accounts and audit.

Investment of funds.

Annual reports and publication.

Holding out as a registeredperson under this Act.

49. A person who wilfully makes or causes to be made 2. any false entry in,or falsification of, any register or record kept under this Act, or who presents or attempts to present himself or any person to be registered under this Act by making or producing or causing to be made or produced a false or fraudulent representation or declaration,either orally or in writing,commits an offence and shall be liable on conviction to a fine not exceeding one million shillings or to imprisonmentfor a term notexceeding two years,or to both. 50. A person convicted of an offence under this Act 4. for which nopenalty is provided shall be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year,or to both.

PART VIII-PROVISIONS ON DELEGATED

POWERS

  • 51.(1) The Council,with the approval of the members of the Institute, may make regulations generally for the better carrying out of the provisions of this Act.
  • (2) Without prejudice to the generality of subsection
  • (1) the regulations may prescribe-
  • (a) the curriculum and the courses of study to be pursued by the various cadres in order to satisfy the academic requirements of any particular registration;
  • (b) the experience criteria to be met by candidates for registration;
  • (c) a code of ethics,rules of professional conduct and
  • standards of practice;
  • (d) the suspension,expulsion or other penalty for professional misconduct, incapacity or incompetence;
  • (e) fees payable to under the Act;
  • (f) forms under the Act;
  • (g) criteria for admission of a person as a honorary fellow of the institute;
  • (h) on the rights and obligations of members of the
  • Institute under section 22;

Falsification of registers or records.

General penalty.

Regulations.

  • (i) the election of chairperson and five members of
  • the Council under section 7;
  • (j)theprocedure fornominations of quantity surveyors under into the Examination Board under section 16;
  • (k)procedure forregistration of foreign quantity surveyors under section 26;
  • (l) procedure for removal of names from the register;
  • (m)procedure for conduct of disciplinary hearings, including prescribed forms and fees;
  • (n) rules for the calling, holding and conducting of meetings of the Council and of the members of the
  • Institute;and
  • (o) the criteria,procedure for application and consideration for the grant of rankSenior Quantity surveyor.

PART IX-TRANSITIONAL PROVISIONS, SAVINGS AND REPEALS

  • 52.The Board of Registration of Architects and Quantity Surveyors established in Section 4 of the Architects and Quantity Surveyors Act,shall perform the functions of the Council established under section 7, for a period of twelvemonths from the commencementof the Act until the Council is properly constituted.
  • (2) Any person who was registered as a Quantity Surveyor under the Architects and Quantity Surveyors Act, shall be deemed to have been registered as a quantity surveyor under section 26 of this Act.
  • (3) Any application for registration as a quantity surveyor under section 8 of the Architects and Quantity Surveyors Act shall be deemed to be an application under Section 21(1) of this Act.
  • (4) Within twelve months of the commencement of
  • this Act,the Council shall facilitate the registration of members of the Institute and convene the first annual general meeting for the election of Council members.
  • (5) Any examinations currently being conducted by any statutory body for the purpose of qualifying as a quantity surveyor shall be transferred to the Examinations

Transition.

Cap.525.

Board within twelve months of the commencement of this Act.

  • 53.All rights,liabilities,assets and staff relating to the regulation of quantity surveyors under the Architects and Quantity Surveyors Act,shall be transferred to the Institute.

54. The provisions of the Architects and Quantity Surveyors Act relating to quantity surveyors are repealed. Anything done lawfully before the commencement of this Act shall be deemed to have been done under this Act.

  • 55.The Acts specified in the Second Schedule are
  • amended in the manner specified in that Schedule.

Transfer of functions.

Repealsand savings.

Consequential amendmentsto other Acts.

FIRST SCHEDULE

[s.13(1)]

PROVISIONS ASTO THE CONDUCT OFBUSINESS

AND AFFAIRS OF THE COUNCIL

  • 1.An office of a member of the Council shall become
  • vacant if the member-
  • (i) dies;
  • (i) becomes subject to any ofthe
  • disqualifications referred to in paragraph 2;
  • (ili) resigns the office in writing and deliverers to the chairperson of the Council;
  • (iv) is absent without the permission of the chairperson from three or more consecutive meetings of the Council;
  • (vi) is convicted of an offence and sentenced to imprisonment for a term of six months or more without the option of a fine;
  • (vii) becomes for any reason including infirmity of body or mind,incompetent or incapable of performing the functions of the office;or
  • (viii) is otherwise unable to discharge his functions.
  • 2.A vacancy in the office of a member under
  • paragraph 3 shall be filled,by a person elected by the members of the Institute in the manner prescribed by the Regulations.
  • 3.The Council shall,at its first meeting,elect a Vice
  • Chairperson from amongst the persons elected under section 6 (1) (e) of this Act.
  • 4.(1) The Council shall meet at least four times each
  • year.
  • (2) The Chairperson may at any time convene a special meeting of the Council and shall do so within fifteen days of a written requisition for the meeting signed by at least three members.
  • (3) The Chairperson shall preside at all meetings of
  • the Council,which he is present and in the case of his absence,the Vice Chairperson shall preside.
  • (4) At a meeting of the Council at which neither the Chairperson or Vice chairperson is present,the members of

Vacation of

office.

Filling of vacancy.

Vice chairperson.

Meetings.

the Council present shall elect one of their number to preside, and the person so elected shall have all the powers of the chairperson with respect to that meeting and the business transacted.

5. The quorum for the conduct of the business of the 2. Council shall be six members. 6. The decisions of the Council shall be by a majority 4. of votes,and the Chairperson of the meeting shall have an original and a casting vote. 7. The validity of any proceedings of the Council shall not be affected by any vacancy among the membership thereof, or by any defect in the appointment of a member thereof. 8. Minutes of the proceedings at meetings of the Council shall be kept in such a manner as the Council directs. 9. The Council may establish such committees as may be necessary for the performance of the functions of the Council and may, subject to the provisions of this Act, delegate powers conferred on it to any such committee. 10. Subject to the provisions of this Schedule, the Council shall regulate its own procedure. 11. (l) If a member of the Council is directly or 10. indirectly interested in any contract, proposed contract or other matter before the Council and is present at a meeting of the Council at which the contract, proposed contract or other matter is the subject of consideration,he shall,at the meeting and as soon as reasonably practicable after the commencement thereof,disclose the fact and shall not take part in the consideration or discussion of, or vote on, any questions with respect to the contract or other matter, or be counted in the quorum of the meeting during consideration of the matter.

  • (2) A disclosure of interest made under this paragraph shall be recorded in the minutes of the meeting at which it

12. is made.

Quorum.

Voting procedure.

Validity of proceedings.

Minutes.

Committees of the Council.

Powerof the Council to regulate own procedure.

Disclosure of interest.

SECOND SCHEDULE [s.54]

CONSEQUENTIALAMENDMENTS

  • 1.The Architects and Quantity Surveyors Act is amended-
  • (a) in the long title, by deleting the words "and Quantity Surveyors";
  • (b) in section 1, by deleting the words "and Quantity Surveyors";
  • (c) in section 2-
  • by deleting the words "or quantity surveyors" appearing in the definition of "registered
  • (i) person";
  • (ii) (ii) by deleting the words "and Quantity Surveyors" appearing in the definition of "the Board";
  • (ii) by deleting the words "and Quantity
  • Surveyors"appearing in the definition of "the Registrar";
  • (iv) by deleting the definition of "quantity surveyor";
  • (d) in section 3(1), by deleting the words "quantity
  • surveyor"and "quantity surveying";
  • (e) in section 4-
  • (i) bydeleting thewords s"and Quantity Surveyors" appearing in subsection (1); and
  • (ii) (ii) by deleting subsection (2) in its entirety and substituting thereofwith the following new
  • subsection-

"The Board shall consist of eight members who shall be architects."

  • (f) in section 5-
  • (i)by deleting the words "and quantity surveyors" appearing in subsection(f);
  • by deleting the words "or quantity surveying
  • (ii) appearing in subsection (h); and
  • Amendment to Cap525.
  • (iii) bydeleting thewords"andquantity
  • surveyors"appearing in subsection (l).
  • (g) in section 6(1), by deleting the words "and
  • Quantity Surveyors";
  • (h) by deleting section 8 in its entirety;
  • (i) in section 10, by deleting the words "or quantity
  • surveying";

MEMORANDUM OF OBJECTS AND REASONS

Statement of objects and reasons for the Bill

The principal object of this Bill is to provide a new legal and

regulatory framework for the practice of quantity surveying in Kenya by establishing the Institute of Quantity Surveyors of Kenya.

At present, quantity surveyors are regulated jointly with architects under the Architects and Quantity Surveyors Act (Cap.525),therefor,this Bill seeks to establish an independent Institute and Council to regulate the profession of quantity surveyors,enhance accountability, strengthen discipline,and align the practice of quantity surveying with international standards and best practices.

PARTI-PRELIMINARY (Clauses 1-3)

This Part contains the short title,interpretation provisions of terms as used in the context of the Act and objects and purposes of the Act.

PART I-THE INSTITUTE OF QUANTITY SURVEYORS OF KENYA(Clauses 4-18)

This Part establishes the Institute of Quantity Surveyors of Kenya as

a body corporate with perpetual succession and a common seal. It also provides for membership of the Institute,which includes Fellows, Corporate Members,Graduate Members,Student Members and Honorary Members,and sets out the functions of the Institute,including regulation of practice,maintaining the register, promoting research and training, enforcing standards,and representing the profession nationally and internationally.In addition,this Part establishes the Council of the Institute as the governing body of the Institute. It provides for the composition of the Council,its functions,tenure,elections,and meetings. The Council is mandated to manage the affairs of the Institute,issue practising certificates, enforce the code of conduct, supervise continuing professional development,accredit training programmes,and handle complaints and disciplinary matters.

PART III - REGISTRATION OF QUANTITY SURVEYORS

(Clauses 19-33)

This Part provides for the registration and licensing of quantity

surveyors and firms.It mandates the maintenance of a Register,prescribes categories of membership,provides for the issue of practising certificates, and establishesrequirements for continuingprofessional development.

PARTIV-PROFESSIONAL CONDUCT AND DISCIPLINE

OF MEMBERS(Clauses 34-41)

This Part establishes the Professional Conduct and Discipline Committee and provides for the procedure for disciplinary hearings.In addition,this Part provides for complaints and inquiries into the conduct of members,the sanctions that may be imposed by the Council,and the right of appeal to the High Court.

PART V -FINANCIAL PROVISIONS (ClauseS 42-47)

This part contains the financial provisions including the funds of the

Institute,financial year,annual estimates,accounts and audit,investment of funds and annual reports and publications.

PART VI -OFFENCES AND PENALTIES (ClauseS 48-50)

This part creates offences and penalties for unlawful practice, professional misconduct such as undercutting and forgery,and provides a general penalty for other offences under the Ac.

PART VI-PROVISIONS ON DELEGATED POWERS (Clause 51)

This Part empowers the Council, with the approval of the members,

to make regulations to give effect to the provisions of the Act. It specifies the areas in which regulations may be made, including registration, licensing, continuing professional development, accreditation, scale of professional fees,indemnity insurance,elections,and the code of conduct. The code of conduct is required to be gazetted and laid before Parliament for approval.

PART VIII TRANSITIONAL PROVISIONS,REPEALS AND SAVINGS(CLAUSE52-55)

This Part provides for the transition from the Architects and Quantity

Surveyors Act (Cap. 525). It deems all persons registered as quantity surveyors under that Act to be members of the new Institute, transfers rights,assets,liabilities and staff to the Institute,and repeals the provisions of Cap. 525 relating to quantity surveyors. It also provides for continuity of disciplinary proceedings and establishes a transitional Council to operate until elections are held.

SCHEDULES

FIRST SCHEDULE - provisions as to conduct of business and

affairs of the council

SECOND SCHEDULE provisions on consequential

amendments.

Statement on the delegation of legislative powers and limitation

offundamental rights and freedoms

This Bill under clause 51 delegates legislative powers to the Council of the Institute to make regulations for the carrying into effect of the provisions of the Bill. The Bill does not limit any fundamental rights or freedoms.

Indication of whether the Bill concerns county governments

The Bill seeks to is to provide for the training, and registration of quantity surveyors and other specified categories in the profession. The Bill also provides for the registration of quantity surveyors and the regulation of the practice of quantity surveying.

Paragraph 16 of Part 1 of the Fourth Schedule to the Constitution

provides that universities, tertiary educational institutions and other institutions of research and high learning is a function of national governments. In view of this, the Bill does not concern county governments in terms of Article 110(1)(a) of the Constitution as it does not affect the functions and powers of county governments recognized in the Fourth Schedule to the Constitution and is therefore not a Bill concerning county governments.

Statement as to whether the Bill is a money Bill within the meaning of Article 114 of the Constitution

The enactment of this Bill may not occasion additional expenditure of

public funds to be provided for through the annual estimates.

Dated the 17th February, 2026.

JOHANNA NG'ENO, Member of Parliament.

The long titleof Cap.525which it is proposed to amend-

Act Title

Architects And Quantity Surveyors

Section 1 of Cap.525which it is proposed to amend-

Short title

  • 1.This Act may be cited as the Architects and Quantity Surveyors Act.

Section 2 of Cap.525which it isproposed to amend-

Interpretation

  • 2.In this Act,unless the context otherwise requires-
  • "approved"means approved by the Board;
  • "register"means the register kept under section 6 of this Act;
  • "registered person" means any architect or quantity surveyor whose name has been entered into the register maintained under section 6;

"the Boardmeans the Board of Registration of Architects and Quantity Surveyors established by section 4 of this Act;

"the Minister" means the Minister for the time being responsible for

matters relating to Public Works;

"the Registrar" means the Registrar of Architects and Quantity

Surveyors appointed under section 6 of this Act.

Sectionof3 Cap.525which it isproposed to amend-

Restriction on use of titles

  • 3.(1) Subject to the provisions of this Act,no person shall practice under any name, title or style containing any of the words or phrases "architect","architecture","architectural","quantity surveyor"or"quantity surveying"unless he is registered under this Act as an architect or a quantity surveyor,as the case may be:

Provided that-

  • (i) nothing in this Act shall apply to any person in the service of the Government or of the Community,or to any person who, for the purpose of preparing any particular piece of work for the Government, is exempted by the Minister from the provisions of this Act;
  • (i)a member of an approved professional institution who is entitled under the constitution thereof to display after his name any affix which includes the word "Architect","Architecture" or "Architectural" or any abbreviation thereof,may use such affix whether he is so registered or not.
  • (2) Any person who contravenes the provisions of subsection (l) of this section shall be guilty of an offence and liable to a fine not exceeding five thousand shillings.
  • (3) Without prejudice to the powers of the Attorney-General, proceedings for an offence under this section may be instituted by any person who is authorized in that behalf,whether generally or specially,by the Board in writing.

Section 2of Cap.525which it isproposed to amend-

Establishment of the Board

  • 4.(l) There is hereby established a Board of Registration of Architects and Quantity Surveyors which shall be a body corporate with perpetual succession and a common seal and shall be capable in law of suing and being sued and of acquiring,holding and alienating property movable and immovable in its corporate name.
  • (2) The Board shall consist of eight members who shall be architects or quantity surveyors and of whom-
  • nominated by the Minister;and
  • (b) four,at least one of whom shall be a quantity surveyor,shall be nominated by the Architectural Association of Kenya and approved by the Minister.
  • (3) The Minister shall appoint one of the members,whom he has nominated,to be the chairman of the Board.
  • (4) Five members of the Board shall constitute a quorum

Section5of Cap.525which it isproposed toamend-

Power of Board to make by-laws

  • 5.The Board may from time to time, subject to the confirmation of the Minister,make by-laws for all or any of the followingpurposes-
  • (a) for the management and duties of the Board, the holding of meetings of the Board, the issue of notices calling such meetings and the procedure to be followed at such meetings;
  • (b) for the appointment and duties of the officers of the Board;
  • (c) for the appointment of committees, and the powers and duties and
  • theproceedings of such committees;
  • (d) for the administration,investment and expenditure of the property and funds of the Board from whatsoever source and for
  • whatsoever purposes received;
  • (e) for a definition of unprofessional conduct and for determining the mode of inquiry into and the method of dealing with such conduct and the penalties which may be imposed upon any
  • member found guilty of such conduct;
  • (f) for the scale of fees to be charged by architects and quantity surveyors for professional advice, services rendered,and work done;
  • (g)for the fees to be paid for registration under this Act;
  • (h) for the holding of examinations authorised or permitted under the provisions of this Act and for the carrying into effect of any scheme or curriculum for education in architecture or quantity surveyingformulated under theprovisions of section 10 hereof;
  • (i) for the establishment, maintenance and support of and for subscribing to charitable and public objects and institutions;
  • (j) for prescribing the procedure to be followed by persons applying
  • for registration;
  • (k) for prescribing the conditions under which persons registered under this Act may practise as limited liability companies,and for requiring professional indemnity insurance in the case of unlimited companies and private firms;
  • for instructions and orders conducive to the maintenance and improvement of the status of architects and quantity surveyors in Kenya;
  • (m) for the adoption of a common seal and the manner in which such seal maybe affixed to any instrument.

Section 6 of Cap.525which it is proposed to amend-

The Registrar and register

6. (1) The Minister shall appoint a person, who may be a public officer, to be the Registrar of Architects and Quantity Surveyors,who shall hold and vacate office in accordance with the terms of his appointment.

  • (2) The Registrar shall keep and maintain a register in which the name of every person, being suitably qualified under this Act, shall be registration, showing against his name such particulars as the Board may, from time to time, direct.
  • (3) All changes in the particulars registered under subsection (2) of this section shall be entered in the register by the Registrar as soon as is practicable after he hasreceived notification thereof.

Section 7 of Cap.525which it is proposed to amend-

Qualifications for registration as a quantity surveyor

8. No person shall be registered as a quantity surveyor unless he- 2. (a) has attained the age of twenty-one years; and 3. (b) either-— 4. (i) has had a minimum of five years of approved training work of an architect to the satisfaction of the Board,and has passed a prescribed examination; or 5. (ii) has been admitted as a corporate member of an approved professionali institution whosequalifications forsuch admission are not less than those set out in subparagraph (i) of 6. this paragraph; and 7. (c) has had a minimum of one year of professional experience in Kenya to the satisfaction of the Board orhas satisfied the Board that he has otherwise acquired an adequate knowledge of Kenya building contract procedures; and 8. (d) has paid the prescribed registration fee.

Section10 of Cap525which it is proposed to amend-

Scheme and curriculum for professional education

10. Subject to the approval of the Minister, the Board shall have the right from time to time to formulate,vary and carry into effect a scheme and curriculum for education in architecture and quantity surveying, and for this purpose may appoint committees and boards as may from time to time be thought expedient,and the Board may apply its funds in making provision for and furthering and developing any such scheme and curriculum and in providing for lectures or teaching and for the holding of examinations in accordance therewith and for granting prizes, certificates 2. and diplomas in connection therewith, and (subject to such exemptions as

may be allowed by and in accordance with the by-laws) the Board may require candidates for admission to final examination for the purpose of registration to have passed through a course of study under and in accordance with any such scheme and curriculum (including articled pupilage for a period not exceeding five years) and to have passed such examination or examinations in relation to the subjects comprised in that

course of study as shall from time to time be prescribed by or in accordance with the by-laws.

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