9. The Construction Project Managers and Construction Managers Bill 2023
The page describes the Construction Project Managers and Construction Managers Bill 2023 that aims to provide for registration and regulation of Construction Project Managers and Construction Managers
· This proposed law (Bill) seeks to provide for registration and regulation of Construction Project Managers and Construction Managers. To enable this, the law proposes the establishment of a Construction Project Managers and Construction Managers Registration Board whose functions will include: registration of project managers and construction managers; promoting professional standards in practice; collaborate with institutions in training and professional development; supervising the professional conduct and practice including taking relevant disciplinary measures for indiscipline and misconduct; hearing and determining complaints levelled against professional construction managers and project managers; and advising the Cabinet Secretary on appropriate policies and programs to govern the practice of the profession in the construction industry. The Board, through the office of a Registrar, will keep a register of all registered persons including issuing and renewing licences, taking and keeping minutes, and enforcing decisions of the Board, among other functions.
· The Bill further provides for qualifications or eligibility to be registered as a Construction Project Manager or Construction Manager. For one to be registered as a Construction Project Manager, a person must be of good conduct; pay the required fees; at least hold a degree in construction management and three years’ practical experience; hold a Master’s degree in construction management and at least 7 years’ experience; passed a prescribed examination; admitted as a corporate member of the Association of Construction Managers of Kenya; among others. A person may be disqualified or deregistered if: they are convicted by a court of fraud or dishonesty; are an undischarged bankrupt; of unsound mind as certified by a medical practitioner; found guilty of professional misconduct by the Board; or does not meet the requirements of Chapter 6 of the Constitution on leadership and integrity.
· The proposed law seeks to create a closed or regulated profession for construction managers and construction project managers by requiring the taking out of an annual practising certificate for one to practice. In this sense, the proposed Bill mirrors other regulated professionals such as architects, engineers and lawyers. In order to set up a private practice, one must have a practising certificate and have worked for a period of at least three years. The Bill also gives the Cabinet Secretary the discretion to set the terms and conditions of business and practice for construction managers and project managers in private practice-which would ideally extend to setting the applicable remuneration.
· In order to enforce discipline among professionals, the Bill prescribes what constitutes professional misconduct as follows: deliberately failing to follow laid down procedures of the employer or client, save where the same would violate the law; refusing, failing or neglecting to apply established principles in discharge of professional functions; engaging in corrupt practices and activities; gross negligence in conduct of professional duties; engaging in negative practices such as tribalism, nepotism, racism or other forms of discrimination in the discharge of one’s professional functions; disclosing information acquired in one’s professional duty without consent of client or employer or otherwise than required by law; using one’s position to obtain favours of a sexual kind or other benefits that one is not entitled to; conflict of interest; if found guilty of fraud or dishonest acts; allowing any person to practice without valid licenses or qualifications; entering into partnership with, or securing business, through an unregistered and unlicensed person; sharing profits with an unqualified person; expressing opinion on any matter in a professional capacity without obtaining sufficient information on which to base such opinion; commingling or usage of clients’ funds; and failing to do any other prescribed act. A Disciplinary Committee set up by the Board is to determine complaints of professional misconduct.
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