Weak, outdated laws to blame for the rot in the construction industry

By Steve Umidha

The Kenyan government has been caught between a brick and a hard place in its crackdown on long-running rogue builders in the construction industry.

The rot appears to run deep and wide in the sector following recent revelations that other than the growing number of cartels invading the sector, obsolete and weak laws could be the other industry’s fatal flaw.

In an interview Monday with Buildings Inspectorate Secretary Moses Nyakiongora admitted that current laws have made it impossible for his office to execute some of its mandate successfully as their hands are ‘tied.’

“The laws are soft. For example, there are no laws in place that compels property owner or landlord to have periodic inspections on their buildings, these are some of the proposals we are pushing for,” he said adding that a review of the current legislation is now inevitable.

The Inspectorate is a department in the Ministry of Lands, Housing and Urban Development.

And as pressure continue to mount on the ministry officials following the collapse of a seven-Storey building in Huruma that has seen death toll number rise to over 40 people, Nyakiongora says a new proposed bill needs to be accelerated to give the directorate more powers to carry out its roles to the latter.

Onthe current Sh5, 000fine slapped on individuals responsible for bringing up poorly constructed buildings which later collapsed – leading to property destruction and loss of lives, Nyakiongora, said his department lack powers to prosecute these individuals since there’s no provision in the Inspectorate’s mandate and as such making it difficult to follow through such matters.

“Our hands are tied on prosecution matters; there are government bodies responsible for that. We can’t comment on that,” he said.

Last month the ministry announced plans to review the outdated building legislation as a long-term measure to what it said will ‘be in line with emerging industry trends.’

Public Works PS Paul Mwangi said at the time that a new legislation to be introduced through the National Building Regulations or Built Environment Bill 2012 would be fast-tracked to address these concerns, even as the industry players await the process to begin – more than five years since it was presented.

“There’s a need for the review of the outdated legislation which is inconsistently enforced, and do not  accommodate critical issues that are in line with emerging trends in the housing and construction industry,” said Mwangi at a Construction Industry in Kenya and Strategic Response to Emerging Trends seminar in Nairobi in April.

First attempt came just before 2012 when The Built Environment Bill, the National Building regulation and National Building Maintenance policy were first formulated but are still awaiting Githu Muigai’s endorsement.

The Bill proposes among other concerns a possible blacklisting of rogue builders and firms liable for collapsed buildings, which has not been possible under the existing ‘soft’ laws.

The proposed amendment will also include the creation of Public Private Partnerships (PPPs) clause under the Building Code, which also aims to keep up-to-date with new technologies and design methods as well as innovative systems currently in practice in the construction industry.

The current legislation – formulated in1934 – does not spell out the two items and warrants appraisal.

The bill is however expected to be ready before end of the year, according to Building Inspectorate.