NCA loses power to bring down unfit buildings in Bill

The State has withdrawn a Bill that would have given the National Construction Authority (NCA) power to demolish unfit buildings.

Through the Business Laws (Amendment) Bill, 2020, the government wanted to amend sections 15, 16 and 17 of the National Construction Authority Act, 2011.

The changed were aimed at empowering NCA to enforce the Building Code, giving the its board the mandate to investigate defective buildings, hold an engineer, architect or quantity surveyor accountable for collapsed buildings and refer them for a criminal trial.

The NCA can only to suspend a construction site for non-compliance.

This has made it difficult for the regulator to crack down on rogue developers, leading to the collapse of buildings due to poor quality of construction materials and a lack of proper supervision by professionals in the sector.

In responding to the withdrawal petition by Leader of Majority Amos Kimunya, National Assembly Speaker Justin Muturi last evening ruled that sections of the Business Laws (Amendment) Bill, 2020 touching on NCA Act be expunged from the omnibus Bill.

Also expunged are sections of the Bill that sought to amend several sections of the Lands Registration Act.

“Having acceded to a request by the Leader of Majority to withdraw the sections touching on NCA and the Land Registration Act, I direct that the Business Laws (Amendment) Bill, 2020 shall proceed to Second Reading without reference to the sections touching on the two Acts of Parliament,” Mr Muturi ruled.

Mr Kimunya wrote to Mr Muturi on March 16, 2021 asking to withdraw sections of the NCA and the land Registration Act as they concern county governments.

He said changes to the two Acts would have seen the passage of the Bill delayed as the Constitution requires that any Bill that emanates from the National Assembly that touches on functions of Counties must be referred to the Senate for concurrence.

The NCA has been pushing for legal reforms to give it prosecutorial powers in a bid to rein in defective buildings.

In 2016, an audit ordered by President Uhuru Kenyatta revealed that most buildings collapse because of poor quality concrete, weak foundation and low-quality building stones.

The Bill seeks to make amendments to several Acts of Parliament that touch on business and which the State deems urgent in addressing the ease of doing business in Kenya.