v. Professional regulatory and advocacy bodies
Various professional and regulatory bodies are also critical in the delivery of housing in Kenya.
Regulatory bodies of the various land professionals (domiciled within the Ministry of Lands) are also key institutions. These are: the Land Surveyors Board which regulates the practice of licensed surveyors; the Valuers Registration Board which regulates the practice of licensed valuers and the Estate Agents Registration Board which regulates the practice of licensed estate agents. These regulatory boards have statutory authority and set standards for the respective profession and set qualifications for the professionals to prevent harm to the public.
The functions of these statutory boards include registering approved professionals, issuing licenses to practice, taking disciplinary action over its members, and determining scale fees charged by its members.
In addition, there are private bodies that manage the affairs of the professional members and advocate for the interests of the profession. These bodies act as a link between professionals and stakeholders in the construction industry, including policymakers, manufacturers, real estate developers and financial institutions.
Key professional associations in the land assembly and titling value chain are the Law Society of Kenya (representing lawyers); and the Institution of Surveyors of Kenya (ISK) which represents Valuers, Land Surveyors, Geomatic Engineers, Registered Estate Agents, Property Managers, Building Surveyors, Land Administration Managers and Facilities Managers. These professional associations are critical as they promote the professional ethical performance of services of their members and raise issues affecting members of the public that touch on their duties such as the dysfunctionality of systems.
Other secondary institutions comprise private sector organizations and civil society.
Profession
Statutory Regulatory Board / Ministry Housed in
Professional association / advocacy body
Physical Planners - development of land use and spatial plans
Physical Planners Registration Board / MLoPP
Land Surveyors and Geospatial Information Management Surveyors – determine geospatial boundaries of land parcels
Land Surveyors Board / MLoPP
Valuers – determine value of transactions
Valuers Registration Board / MLoPP
Estate Agents
Estate Agents Registration Board / MLoPP
Institution of Surveyors of Kenya (Estate Agents Chapter)
Civil and Structural Engineers
Engineers Board of Kenya / State Department of Infrastructure under Ministry of Transport, Infrastructure, Housing, Urban Development and Public Works
Institution of Engineers of Kenya
Also
Institution of Surveyors of Kenya– Engineers Surveyors Chapter
Quantity Surveyors
Institute of Surveyors of Kenya (QS chapter)
Lawyers
Law Society of Kenya, Advocates Complaints Commission under the Attorney General/State Law Office
Developers and Contractors
National Construction Authority
Kenya Property Developers Association
Kenya Association of Building and Civil Engineering Contractors (KABCEC)
Joint Building and Construction Council
In addition, the financial sector players involved in housing are:
Commercial Banks
There are 38 licensed Commercial Banks in Kenya. Commercial banks are regulated under the Banking Act (Cap 488) and the Companies Act 2015 given that they are first incorporated as limited liability companies before taking out a banking licence.
Mortgage Finance Banks/Companies
There is 1 licensed mortgage finance bank/company i.e. Housing Finance Company of Kenya (HFCK). Mortgage finance companies are regulated by the Central Bank of Kenya under the Banking Act (Cap 488).
Savings and Credits Cooperative Organizations (SACCOs)
There are about 5, 000 SACCOs, with around 440 being housing SACCOs. The main one is the National Union for Housing Cooperatives (NACHU) which began operations in 1987 and is one of the leading affordable housing providers in Kenya. SACCOs are regulated/supervised by the Sacco Societies Regulatory Authority and established pursuant to the Sacco Societies Act 2008 and related regulations, and the Cooperative Societies Act 1997.
Microfinance Banks (14 licensed ones).
Microfinance banks are regulated by the Central Bank of Kenya under the Microfinance Act 2006.
Institutional Investors e.g., pension funds, private equity funds
The KMRC is regulated by the Central Bank under the Central Bank (Mortgage Refinance Companies) Regulations, 2019. It is 75% owned by the private sector and 25% owned by the government.
[1] One of the largest industry bodies in the construction sector whose membership is broader than architects and also includes Quantity Surveyors, Town Planners, Engineers, Landscape Architects and Environmental Design Consultants and Construction Project Managers.
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