Construction project managers, interior designers and landscape architects have rejected the newly launched National Building Code by the National Construction Authority (NCA).
The 327-page code aims to ensure a safe, better, quality and well-coordinated construction industry.
Speaking when they addressed media in Nairobi recently, the stakeholders said the code is discriminatory since it does not include them. They want it withdrawn to allow for an inclusive amendment.
This, they said, is despite the Commission of University Education (CUE) accrediting their courses. The code is meant to come into effect on February 25, next year, which they say gives them a window for amendments.
“For over two decades, the professions of construction project management and construction management, interior design and landscape architecture have suffered discrimination in the built environment fanned by the government,” said the chairman Association of Construction Managers of Kenya (ACMK) Ephraim Kakui.
The contentious clause in the code says the preparation of the design and supervision of the works in a building will only be undertaken by a professional in the respective fields of specialisation. A professional under sub-paragraph (1) includes a physical planner, architect, engineer, land surveyor or building surveyor, quantity surveyor, accredited site supervisor, and accredited skilled worker, duly registered under the relevant law.
They said the government despite accrediting the courses, has not been formally recognising the professions. “We continue to painfully watch public job adverts of our colleagues in the industry while we are hopelessly sidelined. This has to stop. How can we still be involved, this late, in the debate over the recognition of these professionals?” said Kakui.
On National Building Code 2024, they said in 2021, the State Department of Public Works through NCA requested ACMK and other professional bodies in the built environment industry to comment on the then draft building code.
This, they note, was done in the letter dated February 3, 2021.
They said the State Department through NCA ignored their pleas but proceeded to launch the code that has excluded the three professions.
The professions said it’s ironic that the same government that cites lack of regulation has been engaging them on various industry issues, disfranchising the professions on its failures.
“NCA has partnered with ACMK to train contractors on its behalf, with the latest training being on April 30, 2024. How can it fail to recognise a profession it has partnered with to assist it in delivering on its contractor training mandate? This is feigned ignorance,” said Anthony Kimondo, chairman of the Architectural Association of Kenya (AAK) landscape architects chapter.
The Construction Project Managers and Construction Manager Bill, which is expected to regulate the three professions was reviewed by the Parliament legal team and forwarded back to the Bill sponsor Josses Kiptoo (Emgwen) to table it before the National Assembly.
According to Interior Designers Association of Kenya (IDAK) chairman George Karani, there are 10,000 professionals practising under the three professions whose livelihoods are at risk if the National Building Code is left to be the way it is.
“In addition, there are 3,000 university students currently undertaking the above three professions courses across the country in various universities and thousands of students in universities and parents will be left in limbo as to the legality of their courses,” said Karani.
He said July marked 18 years since the first set of students graduated in Construction Management and Landscape Architecture from Jomo Kenyatta University of Technology, adding that the profession is mature enough to be included in the National Building Code.
The old code was approved in 1968. According to NCA executive director Maurice Akech, it was not supporting innovation and did not involve emerging technologies like digital connectivity into buildings, reticulation and climate change among others.
Speaking on KBC TV last week, he said they will develop popular versions that can be easily consumed and used by various stakeholders in the built environment. Former chairman of ACMK Nashon Okowa and others have filed a case in the High Court against the NCA and the State challenging the implementation of the code.
The court is set to issue directions on October 8, 2024.
