State to consider recognition of building managers after petition

The State Department for Public Works has agreed to have construction managers recognised in the law alongside other professionals in the building sector after a petition from their umbrella body.

The petition presented to Principal Secretary State Department for Public Works Joel Arumonyang notes the lack of a legal framework for construction managers or construction project managers in the country.

Additionally, a bill that was drafted to recognise this quota of building professionals is yet to see the light of day notwithstanding that institutions of higher learning are offering courses and releasing graduates into the market with these skills.

It is also noted in the letter dated August 5, 2024, addressed to the PS that the newly developed National Building Code does not recognise them.

High Court

Tom Oketch, chairperson Institution of Construction Project Managers of Kenya (ICPMK) says the omission of their recognition in the National Building Code is despite their input during its development.

“We understand there is already a petition filed in the High Court of Kenya, Nairobi –challenging various aspects of the National Building Code, Legal Notice No. 47 of 2024,” reads the letter.

Mr Oketch says in the letter that despite support by the Ministry of Lands, Housing and Public Works being engaged in establishing a legal framework for the professionals, these efforts have not borne fruits.

“Unfortunately, our efforts have not been successful. Sadly, the majority of the ills found in the construction industry are attributed to a lack of properly regulated construction project managers,” he says.

He details in the letter how in March 2012 it was found necessary after a meeting with the then Minister (Cabinet Secretary) for Public Works to have separate legislation for construction project managers just as other professionals such as architects and quantity surveyors.

“This was also found to be the practice in the more developed countries such as South Africa, Australia, and the United Kingdom,” he says in the letter. “The outcome of the consultative meetings culminated in the drafting of the Construction Project Managers and Construction Managers Bill, 2012.”

The Bill aimed to establish an Act of Parliament similar to what architects, engineers, and quantity surveyors have. This would enable regulation of the profession.

“There is no regulatory legal framework for construction management and construction project management practice in Kenya,” Mr Oketch says.

He adds that the Board of Architects and Quantity Surveyors were at one point reviewing the CAP 525 with a view of incorporating the construction management and construction project management practice amongst other professions in the new built environment Bill.

Quantity surveyors

CAP 525 is the legislation that oversees architects and quantity surveyors.

“Through registration under the Act, the professionals would be held responsible for maintenance and control of standards of construction, professional conduct, and ethics. The emerging demands for satisfactory delivery of construction projects at national and county levels call for a proper regulation through legislation,” says Mr Oketch.

He lists Jomo Kenyatta University of Science and Technology, the University of Nairobi, Kenyatta University, Technical Union Kenya, and Jaramogi University of Science and Technology that are producing graduate construction managers annually.

“This is a significant contribution to the construction industry and overall economy of our country,” he says.

It is a fact recognised by the PS who noted after a meeting with the Association that there needs to be legislation to recognise this set of professionals.

“Our universities are churning out graduates in construction management and training construction project managers at the management level and as the State Department in charge of standards, we encourage continuous development,” said Mr Arumonyang.

He said the State Department of Public Works administers schemes of service for architects and quantity surveyors and there is a need for construction managers to be recognised as well. He said the government will engage with the universities and professionals so that they (construction managers and construction project managers) can be onboarded.

This, he said, will also ensure the industry gets rid of unprofessional individuals and reduce the menace of collapsed buildings.

“We will only do this if the law also recognises them,” he said.

It is a view shared by Mr Oketch who said having a legal framework for construction managers and construction project managers will enable identification of everyone on site.

“We will know who is responsible for what quota and where is the failing coming from,” he said.

An Act of Parliament is one of the demands in the petition submitted to the PS in the August 5, 2024 letter with the Association proposing reviewing CAP 525 to accommodate them as an alternative.

“We are looking forward to either an Act of Parliament specific for construction project managers and construction managers or some accommodation of sorts in an existing legal framework so that there is order,” he added.