The National Construction Authority (Amendment) Bill, 2022

SPECIALISSUE

Kenya Gazette Supplement No. 189 (National Assembly Bills No.59)

REPUBLIC OFKENYA

KENYA GAZETTE SUPPLEMENT

NATIONALASSEMBLYBILLS,2022

NAIROBI,18thNovember,2022

CONTENT

| Bill for Introduction into the National Assembly- | Bill for Introduction into the National Assembly- | |----------------------------------------------------------|-----------------------------------------------------| | | PAGE | | The National Construction Authority(Amendment) Bill,2022 | 1451 |

THENATIONAL CONSTRUCTIONAUTHORITY (AMENDMENT)BILL,2022

A Bill for

• AN ACT of Parliament to amend the National Construction Act and for connected purposes

1. This Act may be cited as the National Construction

Short title.

Amendmentof section 17of No.41of2011.

ENACTED by the Parliament of Kenya,as follows-

• Authority (Amendment) Act,2022.
• 2.The National Construction Authority Act is amended in Section 17 by inserting the following new subsection immediately after subsection (2)-
• (2A) Despite subsection (2), women, youth and the Board as contractors shall be exempted from
• paying the prescribed registration fee where
• (a) the business is a startup business venture; and
• (b) shillings.
• the fee does not exceed fifteen thousand

MEMORANDUMOFOBJECTSAND REASONS

The principal object of this Bill is to amend the National Construction Authority Act,No.41 of 201l to provide that women,youth and persons living with disabilities who own startup businesses and who apply for registration as contractors under category six, seven and eight shall be exempt from payment theprescribed fee.The amendment seeks to provide for the recognition of women, youth and persons living with disabilities as marginalized groups and cushion them from the burden of paying registration fees.

Statement on the delegation of legislative powers and limitation of fundamental rights and freedoms

The Bill does not contain provisions limiting fundamental rights and

freedoms.

Statement on whether the Bill concerns county governments

This 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 set out in the Fourth Schedule to the Constitution.

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 occasion additional expenditure of public funds which may be provided for in the estimates.

Dated the 17th November,2022.

DAVID GIKARIA, MemberofParliament.

Section 17 of No.41 of 2011 which it is proposed to amend-

17.Application for registration

• (1) A person or firm may apply to the Board for

2. registration as a contractor for purposes of this Act.

• (2) An application for registration shall be in the prescribed form and shall be accompanied by the prescribed fee, and shall demonstrate to the satisfaction of the Board that the person, or, in the case of a firm, at least one director orpartner thereof-

4. (a) is the holderof theminimum technical qualifications and skills prescribed by the Board for the class of contract worksin respect ofwhich registration is sought; 5. (b) has the necessary experience prescribed by the Board in works involving construction, erection, installation, alteration or any other activity connected therewith; 6. (c) has professional and general conduct which in the opinion of the Board,makes the person suitable to be registered under this Act; and 7. (d) has the necessary plant and equipment for the category of works for which the registration is 8. sought.

• (3) The Board may refuse to register a person as a

10. contractor if in its opinion,the person- 11. (a) does not meet the conditions stated in subsection (2); 12. (b) is a member of a consulting firm providing 13. architectural, quantity surveying or engineering services,unless the person declares interest during the application for registration and does not carry out functions of consultancy and construction in the same project unless expressly specified; 14. (c) is a person whose registration as a contractor shall 15. result in conflict of interest with his employer. 16. (4) The Board shall,where it refuses to register a 17. person under subsection (3), communicate its decision in

• writing to the person within fourteen days of the date of its decision and shall state the reasons for such refusal.
• (5) Upon registration, the person shall be issued with a certificate ofregistration indicating the registration number, the class of works for which registered, the date of registration and duration of registration.
• (6) The certificate issued under subsection (3) shall remain the property of the Authority and shall be withdrawn and returned to the Authority upon suspension or cancellation of the registration of the holder.