Nca Code of Conduct
Nca Code of Conduct
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.
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.
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.
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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
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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.
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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.
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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.
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7.0 FIRST SCHEDULE
I do thereby commit to abide by the provisions of the Code of Conduct for the Construction Industry.
Witness name:…………………………………………………………………..…………………………
Sign :…………………………………………………..
Date:…………………………………………………..
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8.0 SECOND SCHEDULE
COMPLAINT FORM
Name of complainant:……………………………………..……………………………………………..
Contact details:
Postal address:…………………………………………………………..…………………………..……
I declare that the information given herein is true to the best of my knowledge.
Signature:…………………………………………………..……………………………………………..
Date:……………………………………………………………..…………………….....…………………
(Enclose supporting documentary evidence/ attachments)
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National Construction Authority
9th Floor, KCB Towers
Kenya Road, Upper Hill Area
Nairobi, Kenya