0% found this document useful (0 votes)
235 views

Nca Code of Conduct

This document presents the second edition of the Code of Conduct for the Construction Industry in Kenya. It was developed by the National Construction Authority in collaboration with stakeholders to provide guidelines for acceptable conduct in the construction sector. The code applies to all parties involved in construction activities and aims to promote high professional standards, sustainable development and growth of the industry. It outlines the roles and responsibilities of different players, as well as unacceptable behaviors. Mechanisms for enforcing the code through complaints handling, disciplinary measures and whistleblowing are also described.

Uploaded by

opulithe
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
235 views

Nca Code of Conduct

This document presents the second edition of the Code of Conduct for the Construction Industry in Kenya. It was developed by the National Construction Authority in collaboration with stakeholders to provide guidelines for acceptable conduct in the construction sector. The code applies to all parties involved in construction activities and aims to promote high professional standards, sustainable development and growth of the industry. It outlines the roles and responsibilities of different players, as well as unacceptable behaviors. Mechanisms for enforcing the code through complaints handling, disciplinary measures and whistleblowing are also described.

Uploaded by

opulithe
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 15

CODE OF

CONDUCT FOR THE CONSTRUCTION


INDUSTRY

nd
2 Edition
FOREWORD

The construction industry is an important sector in Kenya’s economy and an equally key contributor to the
Country’s Gross Domestic Product (GDP). The success of other sectors in the Nation is heavily reliant on its
input contribution towards the development of necessary infrastructure as well as other built environment
structures relevant to the different industries.

Kenya’s Vision 2030 Development Blueprint recognizes construction as a significant enabler, which will drive
the country to global competitiveness by the year 2030. A well-developed Construction industry is expected
to strongly influence the quality of life of the residents, as well as avail a plethora of choices in construction
and related services.

Article 10 of the Constitution of Kenya highlights the national values and principles of governance, which
must be observed by all persons in Kenya. Informed by this, it is prudent for the construction industry to have
a Code of Conduct indicating the minimum acceptable standards for the players in the industry. The National
Construction Authority (hereinafter “the Authority”) is statutorily obligated to develop this Code. In view of
the above, the Authority published its First Edition of the Code on 15th April 2016. This Second Edition was
developed in collaboration with key stakeholders, taking into account the dynamics and emerging issues in
the industry.

The Authority appreciates that various government regulatory bodies and professional associations in the
industry have developed Codes of Conduct governing the undertakings of their Stakeholders. This Second
Edition of the Code will complement those codes in promoting high standards of acceptable conduct among
various players in the industry; for improved performance, sustainable development and growth .

The successful enforcement of this Code of Conduct will greatly rely on the cooperation of all the players . We
call upon all stakeholders to strictly abide by the principles and dutifully apply it in their day-to-day profes-
sional undertakings.

The Authority appreciates the unrelenting support accorded to it and remains committed to jointly working
with its stakeholders towards achieving a sustainable socio-economic environment in the industry.

Prof. Godrick Bulitia


VICE-CHAIRPERSON, NCA BOARD OF DIRECTORS
PREFACE

The National Construction Authority (NCA) is a state corporation, established under the National Construc-
tion Authority Act No. 41 of 2011, with the mandate to oversee the construction industry in Kenya and
coordinate its development. In furtherance of its functions as enshrined in the Act, the Authority regulates
the industry through; the registration of contractors and construction projects, accreditation of construction
workers and performance of regular project quality assurance exercises, all geared towards the improvement
and expansion of the industry. NCA also undertakes research on various topics as well as provide training for
contractors and construction workers.

Section 5(2) (m) of the NCA Act 2011, mandates the Authority to develop and publish a Code of Conduct for
the construction industry. In fulfilment of this NCA published its First Edition of the Code in April 2016.
Several progressive developments and emerging issues witnessed in the industry since then, as well as the
Codes in-built mechanism on amendment have necessitated this review.

The Authority appointed a Special Committee to spearhead the task. The process involved an audit of the
existing Code to ascertain its practicality and relevance in light of the progressive developments in the
industry. Stakeholder engagements and public participation were conducted in all regions of the country.

This Code of Conduct embraces all players in the Construction Industry, such as; regulators, construction
consultants, contractors, sub-contractors, employers, procuring agents, employees, skilled construction
workers, site supervisors, tenderers and suppliers. Its purpose is to guide and regulate the conduct of parties
engaged in construction-related activities and to establish the standards against which this can be measured
and monitored.

In this second edition, the Code the role of each party in the construction industry value chain, in ensuring
adherence to the minimum acceptable and professional conduct as laid down herein. It further sets outs what
generally amounts to unacceptable conduct in the industry and provides practical and enforceable recourse
in the event of breach. This Code has made provision for mechanisms of monitoring, evaluation and review,
which are vital in ensuring its successful enforcement.

The development of this Edition was conducted in a transparent, consultative, and participatory manner, in
line with the constitutional requirement for public participation and stakeholder engagement, bringing
together various professionals and other stakeholders in the industry.

I laud the efforts and commitment of our stakeholders, the Committee and Secretariat in this review. I wish
to also thank the Board of Directors of the National Construction Authority for their astute leadership and the
support they gave to the Management towards the realization of this Edition.

Eng. Maurice O. Akech


EXECUTIVE DIRECTOR/REGISTRAR OF CONTRACTORS
TABLE OF CONTENTS

PREAMBLE i
1.0 LEGAL FRAMEWORK 1
2.0 PRINCIPLES GOVERNING THE CODE OF CONDUCT 2
2.0.1 NATIONAL VALUES AND PRINCIPLES 2
2.0.2 COMPLIANCE PRINCIPLES 2
3.0 APPLICATION OF THE CODE OF CONDUCT: 2
3.1 DEFINITION OF PARTIES 2
3.1.1 REGULATOR 2
3.1.2 CONSTRUCTION CONSULTANTS 2
3.1.3 CONTRACTOR 2
3.1.4 SUB-CONTRACTOR 2
3.1.5 EMPLOYER 2
3.1.6 EMPLOYEE 3
3.1.7 CONSTRUCTION SITE SUPERVISOR 3
3.1.8 SKILLED CONSTRUCTION WORKERS 3
3.1.9 AGENT 3
3.1.10 TENDERER 3
3.1.11 SUPPLIER 3
3.2 ACCEPTABLE CONDUCT BY PARTIES 3
3.2.1 REGULATOR 3
3.2.2 CONSTRUCTION CONSULTANT 3
3.2.3 CONTRACTOR 3
3.2.4 SUB-CONTRACTOR 4
3.2.5 EMPLOYER 4
3.2.6 EMPLOYEE 4
3.2.7 SKILLED CONSTRUCTION WORKERS AND SITE SUPERVISORS 5
3.2.8 PROCURING AGENT 5
3.2.9 TENDERER 5
3.2.10 SUPPLIER 5
3.3 GENERAL UNACCEPTABLE CONDUCT 5
4.0 ENFORCEMENT OF THE CODE OF CONDUCT 5
4.0.1 HANDLING OF COMPLAINTS 6
4.0.2 DISCIPLINARY MEASURES 7
4.0.3 WHISTLE-BLOWING 7
5.0 MONITORING AND EVALUATION 7
6.0 REVIEW OF THE CODE OF CONDUCT 7
7.0 FIRST SCHEDULE 8
8.0 SECOND SCHEDULE. 9
PREAMBLE

A well-coordinated and developed construction industry is one in which exists mechanisms by which factors
hindering its optimal performance are identified, analysed and addressed. In cognizance of this and the
continual efforts by NCA in promoting the improvement, development and expansion of the construction
industry, this second edition of the Code of Conduct has been developed.

This code shall be cited as the Code of Conduct for the Construction Industry.

This Code has been developed in line with the principles of good corporate governance namely; accountabili-
ty, efficiency, effectiveness, integrity, responsibility, transparency and inclusiveness of all stakeholders. All
players in the construction value chain are obligated to adhere to these principles to ensure efficiency and
productivity in their dealings.

The development of the construction industry will be enhanced when its stakeholders adhere to the
following:
a)Have clearly stated and enacted corporate values such as efficiency, responsibility, accountability,
transparency and integrity;
b) Recognize the legitimacy of interests of defined stakeholders and treat them in a reputable manner;
c) Adopt agreed codes to tackle corruption and persist the enforcement thereof;
d) Give due recognition to the respect for human rights;
e) Respect the well-being of employees by treating them fairly and with cultural and gender sensitivity;
f) Practice and encourage greater environmental and social responsibility;
g) Avoid the use of harmful products and processes;
h) Promote collaborative partnerships with communities;
i) Work to build capacity and recognize need for profitability in the private sector to ensure a vibrant and
sustainable industry;
j) Guard against abuse of power by the stronger party in contractual relationships;
k) Recognize the inherent risks associated with the industry and give priority to occupational health and the
safety of all employees and the public;
l) Engage with industry players and share best practices; and
m) Encourage innovation.

i
Second Edition
1.0 LEGAL FRAMEWORK

There are various legislation and regulations that govern the conduct of various players in the construction
industry. This Code will apply in tandem with the existing legislations, including;
1. Constitution of Kenya, 2010
2. National Construction Authority Act, 2011
3. Anti-Corruption and Economic Crimes Act, 2003
4. Architects & Quantity Surveyors Act, Cap. 525
5. Employment Act, 2007
6. Energy Act, 2006
7. Engineering Technology Act, 2016
8. Engineers Act, 2011
9. Environmental Management and Coordination Act, 1999
10. Fair Administrative Action Act, 2015
11. Kenya Roads Act, 2007
12. Kenya Roads Board Act, 1999
13. Occupational Safety and Health Act, 2007
14. Physical Planning Act, 1996
15. Proceeds of Crime and Anti-Money Laundering Act, 2009
16. Public Procurement and Asset Disposal Act, 2015
17. Public Health Act, Cap. 242
18. National Museums and Heritage Act, 2006
19. Standards Act, Cap. 496
20. State Corporations Act, Cap 446
21. Survey Act, Cap. 299
22. Building Surveyors Act, 2018
23. Water Act, 2016
24. Witness Protection Act, 2006
25. Work Injury Benefits Act, 2007
26. Leadership and Integrity Act, 2012
27. Ethics and Anti-Corruption Commission Act, 2016
28. Public Officers Ethics Act, 2003
29. Public Finance Management Act, 2012

1
Second Edition
2.0 PRINCIPLES GOVERNING THE CODE OF 3.0 APPLICATION OF THE CODE OF CONDUCT
CONDUCT This section highlights the acceptable and
This Code is established on the following guiding unacceptable conduct of parties involved in the
principles: construction value chain. The development of best
practice throughout the Industry is the responsibility
2.0.1 NATIONAL VALUES AND PRINCIPLES of all sector players who include; regulator(s),
The values and principles under this Code are as construction consultant(s), contractor(s),
enshrined in Article 10(2) of the Constitution of sub-contractor(s), employer(s), agent(s),
Kenya which states the national values and principles employee(s), skilled construction worker(s), site
of governance as follows; supervisor(s), tenderer(s) and supplier(s).
a)Patriotism, national unity, sharing and devolution This Code of Conduct serves to establish the broad
of power, the rule of law, democracy and framework within which a default by any party in the
participation of the people; construction value chain may be determined.
b)Human dignity, equity, social justice,
inclusiveness, equality, human rights, 3.1 DEFINITION OF PARTIES
non-discrimination and protection of the 3.1.1 REGULATOR
marginalized; Government agency or department with statutory
c)Good governance, integrity, transparency and mandate to exercise authority over construction
accountability; and related activities in a regulatory and/or enforcement
d)Sustainable development. capacity.

2.0.2 COMPLIANCE PRINCIPLES 3.1.2 CONSTRUCTION CONSULTANT


In order to have a healthy industry that guarantees A person or entity possessing specialized knowledge
value to the society, the players in both the public and in the construction industry and offering
private construction value chain should in their customized, knowledge-based services
dealings with each other:
a) Behave equitably, honestly and transparently; 3.1.3 CONTRACTOR
b) Discharge duties and obligations in a timely A person or entity carrying on business, who for
manner; reward or other valuable consideration undertakes
c)Avoid conflicts of interest; the construction, installation or erection of any
d)Avoid malicious or reckless injury to the structure situated below, on or above the ground, or
reputation of other parties; other work connected therewith; or the execution of
e)Understand and comply with all applicable any alteration or otherwise to any structure or other
legislation and associated regulations; work connected therewith, and undertakes to supply
f) Keep abreast with local and international best materials and/or labour necessary for the work.
practises in the Industry;
g) Advocate for the principles of quality construction 3.1.4 SUB-CONTRACTOR
practices; A contractor whose contract works form part of a
h)Take economic, social and environmental main contractor's works.
responsibilities associated with the construction
processes; 3.1.5 EMPLOYER
i)Respect and promote a A person or entity entering into contract with a
multi-disciplinary, collaborative approach towards contractor, supplier, agent, professional or any other
construction; player in the construction industry, for the provision
j)Satisfy the requirements of the contract; and of supplies, services or construction works.
k)Act in compliance with this Code and encourage
dissemination of its principles amongst players in the
industry.
2
Second Edition
3.1.6 EMPLOYEE f)Foster coordinated consultative relationships
A person or entity in the employment of a between itself and the parties they oversee; and
construction consultant, agent, contractor, employer, g)Refrain from engaging in unfair or unethical
sub-contractor or tenderer, for gain; and who acts on practices.
their behalf. An employee also includes an official in
a public office. 3.2.2 CONSTRUCTION CONSULTANT
The consultant should:
3.1.7 CONSTRUCTION SITE SUPERVISOR a)Strictly adhere to the code of conduct laid down by
A person who is qualified and assigned to a the body governing the profession or trade;
construction site by a contractor to supervise b)Act in a fair and equitable manner towards all
construction works. other parties in the construction value chain;
c)Discourage undue delays by any of the parties in
3.1.8 SKILLED CONSTRUCTION WORKER the construction value chain;
A person who is qualified and engaged to carry out d)Observe due process in all dealings taking into
construction works. account the legitimate and reasonable rights of all the
parties;
3.1.9 AGENT e)Refrain from gaining unjustified or unwarranted
A person or entity who acts on behalf of another benefits from any contracting party in the
party in the construction value chain. construction value chain;
f)Disclose any circumstances which may be
3.1.10 TENDERER construed as constituting a conflict of interest while
A person or entity who submits a tender, an discharging ones duty and disqualify oneself from
expression of interest or a request for proposal to deliberation on such matters; and
perform a contract in response to an invitation to g)Provide a level playing ground for all parties in the
bid. construction value chain.

3.1.11 SUPPLIER 3.2.3 CONTRACTOR


A person or entity that is contracted by either the The contractor should:
employer or his agent, or the contractor or his agent a)Act professionally as per the requirements of their
to provide goods and associated services. regulating body;
b)Satisfy the requirements of the contract and accept
3.2 ACCEPTABLE CONDUCT BY PARTIES written instructions as per the contract without
The following are the minimum standards expected inducements of any sort;
of parties in the construction value chain; c)Fully meet all statutory and contractual obligations
in a timely manner in relation to employment
3.2.1 REGULATOR conditions, occupational health and safety, training,
The regulator should: fiscal matters, environmental stewardship among
a) Protect the interest of all parties while others;
implementing and enforcing relevant laws; d)Undertake continuous professional development
b)Exercise their decision making independently and (CPD) programs organized/accredited by their
without bias; regulating bodies;
c)Perform functions as per e)Employ sub-contractors only on the basis of fair,
their statutory obligations; unbiased and written contracts;
d)Observe due process taking into account the f)Engage in fair or ethical practices in dealings with
legitimate and reasonable rights of all the parties; sub-contractors;
e)Ensure that obligations are thoroughly met on g)Where applicable, make genuine claims for
time; additional payment or time extensions to the
contract;
3
Second Edition
h)Seek clarification in a timely manner on any 3.2.5 EMPLOYER
matter for which such clarification may be required The employer, his employees, or agent should:
to avoid unnecessary delays and cost overruns; a)Invite tenders with a firm intention to proceed
i)Support the development objectives of the with the construction procurement;
employer as per the contract; b)Ensure that the basis on which tenders will be
j)Abide by the scope and specifications of the evaluated is clearly set out in the tender documents
contract; and that tenders are evaluated and awarded
k)Avoid giving false information for purposes of accordingly;
securing contracts; and c)Respond promptly to all requests for information
l)Always be in good standing as per the requirements and clarifications in relation to the tender;
of the accrediting body. d)Engage parties only on the basis of fair and
equitable written contracts;
3.2.4 SUB-CONTRACTOR e)Ensure that all documents relevant in any stage of
The subcontractor should: the construction value chain are clear and
a)Mot undermine the position of any contractor in comprehensive, and set out the rights and
relation to a particular contract; obligations of all parties;
b)Support the development objectives of the f)Maintain confidentiality of information
contractor and or employer as per the contract; particularly on intellectual property, provided by
c)Act professionally as per the requirements of one’s tenderers in support of their tender submissions;
regulating body; g)Engage in fair and ethical practices while dealing
d)Satisfy the requirements of the contract and accept with all the parties in the construction value chain;
written instructions as per the contract without h)Ensure that transparency is maintained in the
inducements of any sort; tendering process in accordance to prevailing
e)Fully meet all statutory and contractual obligations construction procurement laws;
in a timely manner in relation to employment i)Ensure that obligations in terms of contracts with
conditions, occupational health and safety, training, all parties are scrupulously met in a timely manner;
fiscal matters, environmental stewardship, among j)Ensure that legal requirements and principles are
others; upheld in all stages of the construction process; and
f)Undertake Continuous Professional Development k)Ensure that payments are made regularly and
(CPD) programs organized/accredited by ones within the agreed time schedule.
regulating bodies;
g)Where applicable, make genuine claims for 3.2.6 EMPLOYEE
additional payment or time extensions to the The employee should;
contract; a)Perform duties in an unbiased and reliable manner,
h)Seek clarification in a timely manner on any bearing in mind the legitimate interest of all parties
matter for which such clarification may be required in the construction value chain;
to avoid unnecessary delays and cost overruns; b)Adhere to employer’s code of conduct and his or
i)Support the development objectives of the her employment contract;
employer as per the contract; c)Reject any gifts, favours or other considerations
j)Abide by the scope and specifications of the from any party that might influence the construction
contract; procurement and construction process; and
k)Avoid giving false information for purposes of d)Disclose any circumstances which may be
securing contracts; and construed as constituting a conflict of interest and
l) Always be in good standing as per the disqualify oneself from such matters.
requirements of the accrediting body.

4
Second Edition
3.2.7 SKILLED CONSTRUCTION WORKER AND d)Refrain from exchange information regarding
SITE SUPERVISOR tenders with any other tenderer prior to the closing
Skilled construction workers and site supervisors time and date for tenders;
should: e)Seek clarification in a timely manner on any matter
a)Act professionally as per the requirements of the for which such clarification may be necessary to
accrediting body; avoid errors or oversights in the tender documents
b)Satisfy the requirements of their employment which may give the tenderer an unfair advantage;
contract; f)Avoid influencing the tender evaluation process;
c)Fully meet all statutory and contractual obligations and
in a timely manner in relation to employment g) Srictly adhere to the tender requirements.
conditions, occupational health and safety, training,
fiscal matters, environmental stewardship among 3.2.10 SUPPLIER
others; The supplier should:
d)Undertake accredited Continuous Technical a)Be acquainted with all applicable laws and
Development (CTD) programs; regulations on construction goods, associated
e)Seek clarification on any matter for which such services and works, and abide by them;
clarification may be required in regard to project b)Comply with all product bans and mandatory
execution; and standards and specifications; and
f)Always be in good standing as per the c)Make full disclosure on product specifications and
requirements of the accrediting body. their intended use.

3.2.8 PROCURING AGENT 3.3 GENERAL UNACCEPTABLE CONDUCT


Procuring agents should: Any action, or default, in contravention of this code,
a)Strictly observe the relevant codes of conduct laid is unacceptable and includes the following; a) Failure
down by the respective employers and the provisions to secure practicing licenses;
of all legislation and regulations governing the b)Failure to adhere to acceptable labour relation
construction value chain; practices;
b)Perform their duties in an unbiased and reliable c)Failure to comply with the applicable codes;
manner, bearing in mind the legitimate interest of all d)Failure to remit taxes, duties, levies and fines;
parties to the construction value chain and the e)Undertaking construction in prohibited areas;
public; f)Failure to comply with the applicable occupational,
c)Avoid being influenced in the execution of duties health and safety legislation and regulations;
by any consideration other than the legitimate and g)Abuse of power in contractual relationships;
reasonable interests of the respective employers; h)Falsifying documents and impersonation of
d)When acting on behalf of an employer, administer officers; and
contracts in a fair manner; and i)Accepting gifts, favours or other considerations, of
e)Disclose any circumstance which may be anything more than token value from any party to
construed as constituting a conflict of interest and the procurement value chain.
disqualify oneself from deliberations in such matters.
4.0 ENFORCEMENT OF THE
3.2.9 TENDERER CODE OF CONDUCT
The tenderer should: This Code of Conduct encourages self-regulation by
a)Avoid collusion in the tendering process; actors within the construction industry value chain.
b)Provide factual and accurate information relating All players in the industry are therefore expected to
to the tender; adhere to the provisions of this Code by
c)Disclose any potential and or actual conflict of demonstrating commitment through attestation to
interest in the tendering process; Form “A”. All stakeholders shall assist in the
implementation of this Code.
5
Second Edition
4.0.1 HANDLING OF COMPLAINTS Quarterly publication:
Power to report: The Authority shall at the end of each quarter
a)Any person may report a violation of this code to the publish a list of persons who have been sanctioned
National Construction Authority. for violation of this Code.
b)Where breach of this Code involves a state or public
officer, the breach shall be reported to the Ethics and In enforcing this Code, the Authority shall:
Anti-Corruption Commission or other relevant law a) Exercise oversight in it, including taking remedial
enforcement agency in accordance with the measures in case of breach .
Leadership and Integrity Act, 2012 and the b) On its own motion or upon receipt of a complaint,
Regulations made thereunder. inquire into the allegation of the violation of the
c)A report under this paragraph shall be in the format Code of Conduct and take appropriate action as
provided for under the Second Schedule to this Code provided in section 22 and 23 of the NCA Act.
and shall include the following particulars: c) Establish a complaint management system for
iName and contact of the complainant(optional), reporting and receiving of complaints on alleged
iiName of the person, company or agent involved in violation of the this Code.
the alleged breach,
iiiName of the procuring entity where breach has A person shall not:
occurred or officer alleged to have committed the a) Obstruct or hinder an officer of the Authority or
breach, any other authorized person from carrying out a
ivNature of the alleged breach, and duty or function or exercising a power relating to this
vDate and location of alleged breach. Code.
b) Knowingly or in collusion with others lie to or
Investigation of the complaint: mislead a person carrying out a duty or function or
a)Upon receipt of the report, NCA shall register, carry exercising a power relating to violation of this Code.
out investigation into the complaint, and take
appropriate action including referring the matter to
the relevant authorities or report to the relevant
professional body for action where appropriate.
b)The Authority shall communicate its preliminary
findings to the complainant within 60 days of filing of
the complaint where complaints are provided.
c)Upon conclusion of the investigations the authority
shall communicate the feedback to the complainant
where contacts are provided.

Confidentiality of the report:


a)The report to the authority shall be handled with
utmost confidentiality.
b)A person who lodges a complaint with the authority
or other relevant body shall not be victimized,
subjected to harassment or any other form of unfair
treatment.

6
Second Edition
4.0.2 DISCIPLINARY MEASURES
1. The Board shall handle disputes/complaints within the purview of the Authority, in accordance with
Section 22 and 23 of the National Construction Authority Act, 2011. Section 27 of the Act establishes
the National Construction Appeals Board where a person aggrieved by aforementioned Board’s
decision can seek redress.

In addition, a person aggrieved by the decision of the Appeals Board can seek redress in the High Court
within 30 days;
2. Disputes/complaints beyond the mandate of the Authority shall be referred to a statutory body with
jurisdiction over the matter;
3.Non-compliance with the Code will lead to sanctions such as:
a) A formal warning or reprimand;
b) Referral of the breach to the appropriate professional association for action
consistent with the relevant association’s
code of conduct;
c) Issuance of fine(s) and or penalty;
d) Disqualification from the particular procurement process;
e) Suspension of practising licence(s);
f) Suspension of registration;
g) Publication of details of the breach and the identification of the party committing
the breach;
h)Deregistration of the party;
i) Preclusion of the party from participating in all construction related procurement
processes;
j) Subjection to internal disciplinary procedures of respective employers; and
k) Reporting of the matter to the National Police Service.

4.0.3 WHISTLE-BLOWING
Industry players and members of the public are encouraged to report incidences of suspected breach of
this Code to the Authority to protect values and principles as provided in it. All such information
received will be treated with utmost confidentiality.

5.0 MONITORING AND EVALUATION


Monitoring and evaluation is a strategic tool used to ensure consistency and responsiveness to existing
realities. Given that the construction industry is dynamic, there is need to ensure that the Code is
consistently in tandem with the ever-changing construction environment. The Authority shall
therefore put in place internal mechanisms for the monitoring and evaluation of this Code. Reports
generated from these activities shall form the basis for annual evaluation on the implementation of this
Code. This will ensure quality control and help identify necessary amendments for purposes of review.

6.0 REVIEW OF THE CODE OF CONDUCT


The Authority in collaboration with its stakeholders shall review this Code from time to time to be in
line with changes in applicable laws and regulations, or to other relevant factors, but in any case no 5
years shall lapse before review.

7
Second Edition
7.0 FIRST SCHEDULE

DECLARATION AND COMMITMENT TO THE CODE OF CONDUCT


(to be submitted as part of any quotation or tender or proposal).

I ………………………………………….(person) on behalf of (Name of the


business/company/firm)………………………………………declare that I have read and fully
understood the contents of the Code of Conduct for the Construction Industry and understood my
responsibilities therein.

I do thereby commit to abide by the provisions of the Code of Conduct for the Construction Industry.

Name of authorized signatory: …………………………………………………………..……………….


Sign: ………………………………………………………………………………………………………..
Position: …………………………………………………………………………………………...........….
Postal address:…………………………………..…………………………..…………………………........
Telephone:……………………………………………………..…………………………..……………….
E-mail:…………………………..…………………………..……………………………………………..
Name of the firm/Company:……......……………………………………………..………………………
Date:…………………………..…………………..……………………………………………………….
(Company seal/ rubber stamp where applicable)

Witness name:…………………………………………………………………..…………………………
Sign :…………………………………………………..
Date:…………………………………………………..

8
Second Edition
8.0 SECOND SCHEDULE

COMPLAINT FORM

Part I: Details of complainant (optional)

Name of complainant:……………………………………..……………………………………………..

Contact details:

Postal address:…………………………………………………………..…………………………..……

Telephone/ cellphone no:……………………………………………………..……………………………

Part II: Institution where complaint is lodged

Name of Authority/ agency where the report has been lodged:………………………………………...

Part III: Details of Violator of the Code/ procurement laws

Name of the person involved in alleged breach:………………………………………………........…….

Name of the public entity involved:…….…………………………………………………………………

Part IV: Nature of allegations


State concisely the allegations, date, time, place of the alleged breach, persons involved and

malpractices/ violations committed or omitted:………………………………………..…………………

I declare that the information given herein is true to the best of my knowledge.

Signature:…………………………………………………..……………………………………………..

Date:……………………………………………………………..…………………….....…………………
(Enclose supporting documentary evidence/ attachments)

9
Second Edition
National Construction Authority
9th Floor, KCB Towers
Kenya Road, Upper Hill Area
Nairobi, Kenya

+254 709 126 102/172/173


P.O.Box 21046-00100
[email protected]

You might also like