For you to work as a contractor in Kenya, it is imperative that you register with National Construction Authority (NCA).
It is illegal under the Kenyan laws to operate as a contractor without NCA certification. NCA online registration portal provides an easy way to register as a contractor.
Here is the ultimate guide to registering as a contractor in Kenya:
Requirements
- Academic certificates and testimonials for the technically qualified directors
- CR 12
- Certified copy of current business license
- If applying for electrical engineering attach a certificate from Energy Regulatory Commission
- Copy of company registration certificate-Certificate of Registration/Certificate of Incorporation
- 3 years audited account and other relevant financial information
- Certified copies proving ownership of assets
- KRA tax compliance certificate
- Contractors Association membership certificate
Procedure of registering with NCA
Step 1: Log on to www.nca.go.ke. Next, click on the contractors tab then click register to be a contractor this will take you to the registration portal.
Step2:Click on register and register an account by filling in the requested information in each field. Log into your account with the National ID/passport number and password used during the registration process.
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Step 3: Click on the new application tab then click on new contractor registration. Click to view registration requirements and submit the listed documentation.
Step 4:After submission of the online registration application, an invoice will be sent to your email address used during registration with the amount to be paid and mode of payment. You will then receive a text message notifying you of the sent invoice and this will be sent via the phone number used during registration.In your account you will be required to key in the bank slip transaction number or the *M-Pesa transaction number after payment.
One last thing, after your registration has been accepted ensure to adhere with NCA regulation as failure to follow laid down rules and regulation can lead to termination of your membership e.g poor quality work.
Remember that National construction authority act 2011 provides that the authority shall promote and ensure quality assurance in the construction industry.
NCA Inquiry into conduct of contractors(According to nca act 2011)
NCA Board may institute an inquiry into the conduct of a contractor on its
own initiative or upon receipt of a complaint addressed to the Board in writing,
made by or on behalf of any person alleging unprofessional conduct on the part
of a registered person.
(2) The Board may conduct such inquiry or refer it to a subcommittee
appointed by the Board for the purpose.
(3) Upon receipt of a complaint against a contractor, the Board shall inform
the person complained of, giving the grounds of the complaint, by notice sent to
the contractor’s last address acknowledged by the Registrar.
(4) The NCA Board may call upon the contractor whose conduct is complained of
or is under investigation to file, within a specified period, an explanation in
answer to the complaint, and may require such explanation to be verified by
affidavit.
(5) The Board may summon before it or before a subcommittee established
for the purpose, any contractor against whom a complaint is lodged or whose
conduct may appear to the Board to require investigation, and may call upon
such contractor to produce any document, contract, book, paper, specification,
quantities or other writing in that contractor’s control in any way relating to or
concerning the complaint or matter under investigation, and may hear any
evidence and inspect any document which the complaint or the party complained
against may desire to adduce.
(6) The contractor against whom a complaint is made shall have the right to
appear before the Board and to be heard either personally or through his
advocate, and may call such evidence and produce such documents as may be
relevant.
(7) Any contractor who, having been served with a summons or an order
issued under the provisions of subsection (5), fails without sufficient cause—
(a) to answer fully and satisfactorily to the best of his knowledge and
belief all questions put to him by or with the concurrence of the
Board; or
(b) to produce any documents in his possession or under his control
which are specified in the order,
commits an offence and is liable upon conviction to a fine not exceeding one
million shillings or to imprisonment for a term not exceeding three years or to
both.
(8) Any person giving evidence before the Board shall in respect of any
evidence given by him or any document produced by him, be entitled to all
privileges to which he would be entitled as a witness before the High Court.
(9) The Board, having inquired into the alleged misconduct of any contractor,
may—
(a) caution the contractor;
(b) direct the contractor to take such action as it may deem appropriate
in the circumstances;
(c) direct that the registration of the contractor be suspended for such
period as it may specify; or
(d) direct that the name of the contractor be removed from the register.
23. Appointment of investigating officers
(1) The Board may, for the purpose the performance of its functions under
section 21, appoint such number of investigating officers, to be known as
investigating officers of the Board, as it considers necessary for the purposes of
carrying out the investigation of any offence or inspection under this Act.
(2) An investigating officer shall, for the purpose of ascertaining whether the
provisions of this Act or any regulations made thereunder are being complied
with, have power at all reasonable times to enter into any construction site where
construction works are being carried out and make such enquiry or inspection as
may be necessary for the purposes of the functions of the investigating officer.
(3) In the course of an investigation or inspection under this section an
investigating officer may—
(a) put questions concerning the registration of any contract, the
accreditation and certification of the skilled construction workers and
construction site supervisors or the payment of levy, and all the
persons to whom the questions are addressed shall be legally
bound to answer such questions truthfully to the best of their ability;
(b) require any person to produce any records required to be kept under
this Act, and may sieze them or take copies of them; or
(c) by notice in writing order the suspension of all or any part of the
works in respect of which the provisions of this Act have not been
complied with until the time of such compliance.
(4) Every investigating officer when exercising any powers under this Act,
shall identify himself as such to the person affected and produce written authority
for the exercise of such powers.
(5) Upon completion of an investigation, the investigating officer shall, where
the investigation reveals an offence under this Act or any Regulations made
thereunder, immediately give all information relating to the offence to an officer in
charge of a police station, and that officer may, by warrant, arrest any person
who may have committed such offence.
Suspension from NCA list
(1) The NCA Board shall have power to suspend any contractor if such or—
(a) is convicted of an offence under this Act;
(b) is found guilty of any act or omission amounting to improper,
disgraceful conduct or gross professional misconduct, after due
inquiry held by the Board; or
(c) has breached the regulations or by-laws of the Authority.
(2) In addition to the power to suspend registration given under subsection (1)
the Board may—
(a) caution or censure a registered contractor;
(b) direct that the registration of the contractor be suspended for such
period as it may specify;
(c) direct that the contractor’s name be deleted from the Register; or
(d) take legal action against the registered contractor.
(3) The Board shall communicate its decision under subsection (1) to the
suspended contractor in writing not later than fourteen days from the date of the
decision.
Deletion of name
(1) The NCA Board may at any time direct that the name of a registered contractor
be deleted from the register where that contractor—
(a) fails, within a period of six months from the date of an inquiry sent
by the Registrar by registered letter to the address appearing in the
register against his name, to notify the Registrar of his current
address;
(b) requests that the name be deleted from the register, in which case
that contractor may be required to satisfy the Board by swearing an
affidavit certified by a commissioner for oaths and lodged with the
Registrar that no criminal proceedings under section 20 or 21 of this
Act are being, or are likely to be, taken against the contractor;
(c) fails to pay annual subscription fees for two consecutive years;
(d) fails to meet the registration criteria set by the Authority;
(e) fails to discharge the duties, responsibilities and obligations of a
contractor.
(2) The Registrar shall delete the name of every deregistered contractor from
the register.
(3) Except in the circumstances specified in subsection (1)(a) and subsection
(2), the deletion of the name of any contractor from the register shall be notified
by the Registrar to that contractor by a recorded delivery or a registered letter to
the address appearing in the register against his name immediately prior to the
deletion.
(4) A contractor whose name has been deleted from the register under this
section shall, with effect from the date of the deletion, cease to be registered for
the purpose of this Act, and shall be obliged to immediately surrender to the
Board the certificate of registration for cancellation.
(5) Where the name of any contractor has been deleted from the register,
that contractor shall not be registered afresh under any other name.
*Mpesa is mobile money transfer platform commonly used in Kenya.
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