The National Construction Authority (NCA) has lost powers to demolish unfit buildings following withdrawal by the State a Bill that would have given them the authority to bring down buildings.
The Authority 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.
Through the Business Laws (Amendment) Bill, 2020, the government was to amend sections 15, 16 and 17 of the National Construction Authority Act, 2011. The changes 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.
Omnibus Bill
However, Leader of Majority Amos Kimunya, National Assembly Speaker Justin Muturi ruled that sections of the Business Laws (Amendment) Bill, 2020 touching on NCA Act be expunged from the omnibus Bill.
โHaving 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,โ Mr Muturi ruled.
The law currently gives the NCA limited powers under section 23(3) (c) of the NCA Act 2011 to suspend a construction site for non-compliance.
