New Bill targets 'quack' architects as building safety concerns grow

Rescue operation at the collapsed building in South C, Nairobi. [Bernard Orwongo, Standard]

A new legislative proposal aimed at tightening oversight of Kenya’s architectural profession has come up amid growing public concerns over building safety following a series of collapses that have caused deaths, injuries, and destruction across the country.

The proposed Architects Bill, 2026, tabled by Bumula MP Wanami Wamboka, seeks to crack down on unqualified practitioners by introducing stricter regulation of building designers and establishing a comprehensive system of registration, licensing, and professional discipline.

If enacted, the Bill would make it illegal for individuals to practice architecture without formal registration and an annual practicing certificate.

Supporters of the bill, including particularly architects, say the Bill is primarily designed to protect the public and restore confidence in a sector that plays a critical role in shaping the country’s built environment.

“The issue about the bill that it's coming to cure is about public safety, protecting the public, protecting their lives and strengthening the profession of architecture,” said Dr Sylvia Kasanga, President of The Architects Alliance.

“The study of architecture is about the creation of spaces for human beings, both public and private, and public safety becomes a very critical item in our profession. It's at the center of what we do,” she added.

Kenya’s construction sector has expanded rapidly in recent years as major urban areas such as Nairobi, Mombasa, Kisumu, and Nakuru experience increased demand for housing and commercial developments.

However, the growth has also been accompanied by concerns about structural failures and unsafe buildings.

Several buildings have collapsed over the past decade, sometimes during construction and after occupation, raising questions about whether proper design standards and supervision are followed as required.

According to Kasanga, one of the major factors contributing to the problem is the widespread presence of unregulated individuals presenting themselves as architects.

“We have a lot of unregulated persons purporting to be architects who are practicing in large numbers. And this problem is widespread in both major cities and smaller towns,” she said.

“You will find people who are stamp-renting, you will find somebody claiming to be handling more than 300 projects in a year, which is simply not possible. Not even the biggest architectural firm can handle that kind of work,” Architect Kasanga added.

The Architects Bill, 2026, seeks to address these concerns by introducing a stronger legal framework governing who can practice architecture in Kenya.

Under the proposed law, Wamboka proposes that only individuals who are formally registered and hold a valid practicing certificate would be allowed to offer architectural services or use the professional title of architect.

The legislation also proposes the creation of an Institute of Architects, which would serve as the central body responsible for matters relating to the profession, including registration. Citification, examination, and professional oversight.

On her part, the TAA president said the Institute would help strengthen the profession while ensuring that public safety remains the top priority.

Kenya’s current regulatory framework governing architects is based on old legislation, with many industry stakeholders arguing that the laws are outdated and insufficient to address the challenges facing the modern construction sector.

 “Our current laws around the profession were created before independence. Given the modern nature of our society and the growth of the construction industry, it is time to create a stronger law that addresses matters about the profession and prioritises public safety,” she added.

Currently, architects are regulated by the Board of Registration of Architects and Quantity Surveyors (BORAQS), established under the Architects and Quantity Surveyors Act formulated in 1934 under CAP 525.

If approved, the law will effectively separate the regulation frameworks for architects and quantity surveyors. The current law combines regulations for the two professions.

MP Wamboka also proposes the establishment of a formal register that would list all qualified architects authorized to practice in Kenya, a document that will be in the custody of the proposed Institute of Architects.

The Bill proposes that individuals seeking registration would be required to meet specified academic and professional qualifications and comply with standards set by the regulatory authorities overseeing the profession.

In addition to registration, architects would be required to obtain an annual practicing certificate in order to legally provide architectural services.

According to the Bill, the introduction of the practicing certificate system is intended to ensure continuous oversight of professionals and to allow regulators to verify that architects remain compliant with professional standards and ethical obligations.

Another key component of the proposed law is the establishment of disciplinary structures to address professional misconduct.

If approved, these mechanisms will allow complaints to be investigated and sanctions imposed on architects who violate professional standards.

These sanctions may include suspension from practice, removal from the register, monetary penalties, or other disciplinary measures, depending on the severity of the violation.

Among the penalties included is a Sh5 million fine or a three-year jail term for individuals who falsely present themselves as registered architects.

The legislation further criminalises falsifying official registers or attempting to obtain registration through fraudulent declarations. These offences could attract fines of up to Sh I million or imprisonment of up to two years.

“A person convicted of an offence under this Act for which no penalty is provided shall be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year, or to both,” reads the bill.

According to the TAA president, the proposed disciplinary powers are strong and necessary to restore public confidence in the profession.

“Our current regulator does not have the capacity to adequately monitor what each architect is doing or whether each site has a qualified architect,” she said.

“The penalties under the current law are also not strong enough. The new bill introduces significant penalties, including monetary fines and withdrawal of licenses, to deter the rogue ones,” Kasanga added.

Architects say the proposed reforms could also help address a growing employment challenge within the profession.

Despite the increasing growth in construction activity across the country, particularly in expanding urban areas, Kasanga said many newly trained architects struggle to find work.

Another proposal under the Bill is the introduction of architectural “checkers”, qualified professionals tasked with inspecting construction sites to ensure that projects are being handled by registered architects and that building standards are being followed.

“We are considering introducing a whistleblower and complaints desk to allow architects and the public to call in to report suspected violations or a complaint in confidence,” Kasanga added

The Bill also comes amid alarming statistics about the safety of buildings in the county. Findings from a report by the National Building Inspectorate indicated that 85 per cent of the buildings inspected are unsafe.

“Things don’t just go wrong; they start wrong. If there was no qualified architect involved from the beginning as the team leader, the entire construction process is already compromised,” said Kasanga, stating that architects play a central role in coordinating with engineers, planners, and contractors.

She also argued that proper regulation could benefit the profession by ensuring fair competition and preventing undercutting by unqualified practitioners.

 According to her, proper law would allow architects to focus on fewer projects while delivering higher quality work.

While the bill proposes stronger reforms, some observers have raised concerns that new licensing requirements could increase the cost of practicing architecture, but the TAA president dismissed the concerns, arguing that protecting public safety must take priority.