This archive report was first published on 12 June 2020.
On June 12, 2020, the Joint Building and Construction Council (JBCC) expressed support for a review of recently gazetted defects and liability regulations in Kenya.
The regulations, signed by Transport, Housing and Urban Development secretary James Macharia, introduced stiff penalties for architects and project managers if projects suffer defects.
However, the JBCC argued that the regulations contradict global principles governing building contracts and go against conditions set by the World Bank and the African Development Bank.
The council stated that the regulations 'make Kenya appear like a pariah state' regarding construction laws and called for an urgent review.
JBCC emphasized the need for a legal framework to enhance the management of the construction process, rather than the current defects and liability regulations.
According to the council, the regulations 'negate the laid down principle where professionals, as agents of the employer can only be cited for the negligence of duty but cannot be held liable for any defects arising from a contractor's work.'
