If an application in relation to this regulation is made electronically, the supporting documents referred to in sub-regulation (3) shall be submitted to the Authority by registered mail or by hand delivery.

An application shall not be considered duly completed for purposes of this regulation, unless all documents are received by the Authority.

The Authority shall make a decision on an application by a person or firm within thirty days of receiving such application including rejection if such person does not fully comply with requirements set by the Authority, and shall inform the applicant accordingly giving reasons for such rejection.

An application form for registraiion may be made in English or Kiswahili.

A register of registered contractors shall be kept in accordance with section 19 of the Act.

The Authority shall assess every application received for the mandatory requirements set out in Parts I, II and III of Form I set out in the First Schedule.

In making its evaluation under paragraph (1) the Authority shall award points to the applicant in accordance with the particulars set out in the Second Schedule and shall classify the applicant in accordance with the classes set out in the Third Schedule which shall depend on the scope and costs of the work involved.

The scope and cost of works referred to in paragraph (2) shall be as specified by the Authority from time to time.

A person who qualifies for registration shall be issued with a Certificate of Registration by the Authority.

Notwithstanding any other provision of these Regulations, the Board may where it deems it appropriate register an applicant for a category of works other than that applied for.

A person who is aggrieved by the decision of the Board in relation to the category of registration under regulation 4(2) may submit a written petition indicating the reasons of such grievance, sufficient to justify review or the assessment by Authority.

The Authority shall within thirty days of receiving a petition under paragraph (1) notify the person of the Board’s decision on both applications.

A person aggrieved by the decision of the Board may apply to the Appeals Board within thirty days from the date of notification of the Board’s decision, provided that any person aggrieved by the decision of the Appeals Board may prefer a further appeal to the High Court within thirty days of the date of the decision by the Appeals Board.

Registration of contractors under NCA-1 category shall be open to both local and foreign contractors.

Any registrations that fall between NCA-2 to NCA-8 as set out in the Third Schedule of the Regulations shall be restricted to local contractors only.

A contractor may make an application for upgrading to the Authority in a form to be prescribed by the Authority accompanied by the prescribed fee, and the Authority shall process the application in accordance with the provisions of regulation 3.

An application under paragraph (1) shall be submitted together with proof of the construction work on the basis of which it is made.

The previous records of a contractor shall be reflected in any future application made by such contractor for the purpose of determining the category of registration of the contractor.

Subject to section 18 of the Act, a foreign person or firm shall be eligible for registration as a contractor on application to the Authority and payment of the prescribed fees.

Where a foreign firm applies under this regulation to undertake construction works or project under category NCA 1, such firm shall demonstrate to the Authority its capacity for such works.

The Authority may register joint ventures on application made in writing by the persons intending to enter into joint venture agreements.

The ratio of ownership of a joint venture for construction works between a local firm and a foreign firm shall be at least thirty percent for the local firm.

The profits of the construction works shall be shared in line with the arrangements set out in paragraph (1).

The employees of the joint venture to which this regulation applies shall be competitively recruited from the local labour market, and recruitment or employment of foreign technical or skilled workers on such contract shall only be done with the approval of the Authority where such skills are not available locally.

The Authority may give such exemption on this regulation as the Board may deem appropriate.

All construction works, contracts or projects either in the public or private sector shall be registered with the Authority in accordance with the Act.

An owner shall make an application for registration of a project to the Authority in writing within thirty days from the date on which a tender for construction works, contract or project is awarded to a contractor registered under this Act.

The application under this regulation shall be in the prescribed form and shall be made before the commencement of the construction works contract or project together with such fee as the Board may prescribe.

An owner shall ensure that the tender for construction works, contract or projects is awarded to a person, firm or contractor registered under this Act.

The Authority shall, within thirty days from receipt of the duly completed application form in terms of paragraphs 10(2) and (3) register the construction works contract or project and issue a compliance certificate.

An owner shall notify the Authority of any arbitration entered into or litigation proceedings initiated in relation to construction works registered under this Act within thirty days from the date of commencement of the proceedings.

The owner shall submit information to the Authority identifying the person of the owner’s choice to act as a contact person to liaise with the Authority on the construction works.

Where a person identified under paragraph (1) ceases to act for the owner, the owner shall notify the Authority accordingly in writing within thirty days from such cessation.

The Authority shall register skilled construction workers under one or more of the classes or works provided in the Third Schedule to the Act.

A construction worker referred to in paragraph (1) shall be registered to carry out, or undertake to carry out construction works for or on behalf of another person, for a fixed sum, percentage, value, consideration, wages or other reward.

The Authority shall consider the conduct of an applicant while making a decision on the accreditation of the applicant and may make inquiries and conduct investigations which are reasonable and appropriate in the circumstances of each case so as to be satisfied of the knowledge, skills and experience of such applicant.

The Authority may conduct skills assessments and referee checks while making decision to accredit or renew the accreditation of an applicant.

A person accredited as a construction site supervisor in respect of any of the classes of construction works shall be deemed to have been accredited as a construction worker for the same class.

A person who presents false documents under the paragraph (1) commits an offence and shall be liable on conviction to a fine not exceeding fifty thousand shillings or imprisonment for two months or to both.

The Board shall not exercise its powers under sub-regulation (3) unless an opportunity of being heard has been given to such applicant against whom the Authority intends to exercise such powers.

An applicant whose accreditation as a construction worker or construction site supervisor is suspended or cancelled under this regulation shall, within fourteen days after notification by the Authority of such cancellation, surrender to an authorized officer certificate of accreditation, failing which the applicant shall be guilty of an offence under the Act.

The Authority shall cancel the accreditation of every deceased construction worker or construction site supervisor upon notification to the Authority or on the Authority’s own volition.

Every owner shall notify and submit to the Authority in a prescribed form the details of any contract or project which it has awarded to a contractor whose sum or value exceeds five million shillings for the purpose of payment of the construction levy provided under section 3l of the Act.

The Authority shall notify the owner of the amount of levy to be paid in respect of the contract in paragraph (1) within fourteen days of receipt of the notification and the levy shall be paid before the commencement of the contract works.

The levy shall be paid to the Authority or its authorized agents at such office or place as may be determined in writing or press notification by the Authority.

Notwithstanding any other provision of these Regulations, the Authority may consider the final value of the completed works and assess the amount of levy afresh, and may thereafter, depending on the result of the assessment, request the owner to add on the amount originally paid by the owner or refund any amount found to be in excess of the corrected final contract amount.

Any amount of construction levy which remains unpaid after a period of three months from the date on which it falls due shall be, summarily recoverable from the owner as a civil debt.

The Authority may suspend, cancel or revoke the registration of a contractor, who commences construction works for which the owner has not paid the amount of the construction levy as provided in this regulation.

Where more than one contractor are employed to undertake a construction project, it shall be the responsibility of the main contractor to ensure that the owner has paid the whole amount of the construction levy to the Authority.

No levy shall be payable in respect of sub-contracted works which constitute part of a main contract for which a construction levy has already been imposed.

There shall be payable to the Authority such fees for its services as the Authority may, with the approval of the Cabinet Secretary, determine from time to time.

The fees determined under sub-regulation (1) above shall be published in the Gazette.

The Authority may upon receipt of a complaint from any person who is aggrieved by an action taken under the terms of the code of conduct or an omission take such action, or where it has reasonable grounds to determine that a person has acted contrary to, or has omitted to act in terms of the code of conduct, the Authority shall appoint an investigating sub committee carry out an investigation into such complaint or suspicion.

Where the complaint or the suspicion implicates a person who is employed by a state organ or a body established under any written law other than the Authority, the Authority shall refer that complaint or suspicion to the accounting officer or accounting authority or any other supervisory person or body having control over that person for the purpose of dealing with the complaint according to the applicable disciplinary procedure, and submit a copy of the referral to the Audit Committee of the organ of state concerned and the Auditor-General.

The investigating subcommittee shall conduct the investigation within the time stipulated by the Authority and submit its report and recommendation including recommendation for sanctions where appropriate.

A person subject to investigation under this regulation shall be entitled to appear before the subcommittee in person or through an advocate.

The registration of a contractor shall be suspended after investigations into his conduct have been concluded and it is established that the contractor has engaged in misconduct.

An investigation committee may make recommendation with respect to the contractor, including revocation of the registration, caution or censure.

Any contractor whose licence is suspended shall not enter into any new contract until the suspension has been lifted.

The Authority shall inform the owner of works of any suspension of a contractor working with him.

The Authority may stop the execution of any contract works where it is in the public interest to do so.

The Authority shall conduct an inquiry in to the conduct of the contractor in accordance with section 22 of the Act before removing the name of the contractor from the register.

Upon conclusion of the Inquiry, the Authority shall publish the name of any contractor who has been deregistered and shall direct that all construction contracts being executed by that contractor be terminated immediately.

Any person aggrieved by the action of the Authority under this Regulation may appeal to the Appeals Board and the provisions of regulation 8(3) shall apply in respect of such an appeal.

If an application in relation to this regulation is made electronically, the supporting documents referred to in sub-regulation (3) shall be submitted to the Authority by registered mail or by hand delivery.

An application shall not be considered duly completed for purposes of this regulation, unless all documents are received by the Authority.

The Authority shall make a decision on an application by a person or firm within thirty days of receiving such application including rejection if such person does not fully comply with requirements set by the Authority, and shall inform the applicant accordingly giving reasons for such rejection.

An application form for registraiion may be made in English or Kiswahili.

A register of registered contractors shall be kept in accordance with section 19 of the Act.

The Authority shall assess every application received for the mandatory requirements set out in Parts I, II and III of Form I set out in the First Schedule.

In making its evaluation under paragraph (1) the Authority shall award points to the applicant in accordance with the particulars set out in the Second Schedule and shall classify the applicant in accordance with the classes set out in the Third Schedule which shall depend on the scope and costs of the work involved.

The scope and cost of works referred to in paragraph (2) shall be as specified by the Authority from time to time.

A person who qualifies for registration shall be issued with a Certificate of Registration by the Authority.

Notwithstanding any other provision of these Regulations, the Board may where it deems it appropriate register an applicant for a category of works other than that applied for.

A person who is aggrieved by the decision of the Board in relation to the category of registration under regulation 4(2) may submit a written petition indicating the reasons of such grievance, sufficient to justify review or the assessment by Authority.

The Authority shall within thirty days of receiving a petition under paragraph (1) notify the person of the Board’s decision on both applications.

A person aggrieved by the decision of the Board may apply to the Appeals Board within thirty days from the date of notification of the Board’s decision, provided that any person aggrieved by the decision of the Appeals Board may prefer a further appeal to the High Court within thirty days of the date of the decision by the Appeals Board.

Registration of contractors under NCA-1 category shall be open to both local and foreign contractors.

Any registrations that fall between NCA-2 to NCA-8 as set out in the Third Schedule of the Regulations shall be restricted to local contractors only.

A contractor may make an application for upgrading to the Authority in a form to be prescribed by the Authority accompanied by the prescribed fee, and the Authority shall process the application in accordance with the provisions of regulation 3.

An application under paragraph (1) shall be submitted together with proof of the construction work on the basis of which it is made.

The previous records of a contractor shall be reflected in any future application made by such contractor for the purpose of determining the category of registration of the contractor.

Subject to section 18 of the Act, a foreign person or firm shall be eligible for registration as a contractor on application to the Authority and payment of the prescribed fees.

Where a foreign firm applies under this regulation to undertake construction works or project under category NCA 1, such firm shall demonstrate to the Authority its capacity for such works.

The Authority may register joint ventures on application made in writing by the persons intending to enter into joint venture agreements.

The ratio of ownership of a joint venture for construction works between a local firm and a foreign firm shall be at least thirty percent for the local firm.

The profits of the construction works shall be shared in line with the arrangements set out in paragraph (1).

The employees of the joint venture to which this regulation applies shall be competitively recruited from the local labour market, and recruitment or employment of foreign technical or skilled workers on such contract shall only be done with the approval of the Authority where such skills are not available locally.

The Authority may give such exemption on this regulation as the Board may deem appropriate.

The Authority shall register skilled construction workers under one or more of the classes or works provided in the Third Schedule to the Act.

A construction worker referred to in paragraph (1) shall be registered to carry out, or undertake to carry out construction works for or on behalf of another person, for a fixed sum, percentage, value, consideration, wages or other reward.

The Authority shall consider the conduct of an applicant while making a decision on the accreditation of the applicant and may make inquiries and conduct investigations which are reasonable and appropriate in the circumstances of each case so as to be satisfied of the knowledge, skills and experience of such applicant.

The Authority may conduct skills assessments and referee checks while making decision to accredit or renew the accreditation of an applicant.

A person accredited as a construction site supervisor in respect of any of the classes of construction works shall be deemed to have been accredited as a construction worker for the same class.

A person who presents false documents under the paragraph (1) commits an offence and shall be liable on conviction to a fine not exceeding fifty thousand shillings or imprisonment for two months or to both.

The Board shall not exercise its powers under sub-regulation (3) unless an opportunity of being heard has been given to such applicant against whom the Authority intends to exercise such powers.

An applicant whose accreditation as a construction worker or construction site supervisor is suspended or cancelled under this regulation shall, within fourteen days after notification by the Authority of such cancellation, surrender to an authorized officer certificate of accreditation, failing which the applicant shall be guilty of an offence under the Act.

The Authority shall cancel the accreditation of every deceased construction worker or construction site supervisor upon notification to the Authority or on the Authority’s own volition.

Every owner shall notify and submit to the Authority in a prescribed form the details of any contract or project which it has awarded to a contractor whose sum or value exceeds five million shillings for the purpose of payment of the construction levy provided under section 3l of the Act.

The Authority shall notify the owner of the amount of levy to be paid in respect of the contract in paragraph (1) within fourteen days of receipt of the notification and the levy shall be paid before the commencement of the contract works.

The levy shall be paid to the Authority or its authorized agents at such office or place as may be determined in writing or press notification by the Authority.

Notwithstanding any other provision of these Regulations, the Authority may consider the final value of the completed works and assess the amount of levy afresh, and may thereafter, depending on the result of the assessment, request the owner to add on the amount originally paid by the owner or refund any amount found to be in excess of the corrected final contract amount.

Any amount of construction levy which remains unpaid after a period of three months from the date on which it falls due shall be, summarily recoverable from the owner as a civil debt.

The Authority may suspend, cancel or revoke the registration of a contractor, who commences construction works for which the owner has not paid the amount of the construction levy as provided in this regulation.

Where more than one contractor are employed to undertake a construction project, it shall be the responsibility of the main contractor to ensure that the owner has paid the whole amount of the construction levy to the Authority

No levy shall be payable in respect of sub-contracted works which constitute part of a main contract for which a construction levy has already been imposed.

There shall be payable to the Authority such fees for its services as the Authority may, with the approval of the Cabinet Secretary, determine from time to time.

The fees determined under sub-regulation (1) above shall be published in the Gazette.

The Authority may upon receipt of a complaint from any person who is aggrieved by an action taken under the terms of the code of conduct or an omission take such action, or where it has reasonable grounds to determine that a person has acted contrary to, or has omitted to act in terms of the code of conduct, the Authority shall appoint an investigating sub committee carry out an investigation into such complaint or suspicion.

Where the complaint or the suspicion implicates a person who is employed by a state organ or a body established under any written law other than the Authority, the Authority shall refer that complaint or suspicion to the accounting officer or accounting authority or any other supervisory person or body having control over that person for the purpose of dealing with the complaint according to the applicable disciplinary procedure, and submit a copy of the referral to the Audit Committee of the organ of state concerned and the Auditor-General.

The investigating subcommittee shall conduct the investigation within the time stipulated by the Authority and submit its report and recommendation including recommendation for sanctions where appropriate.

A person subject to investigation under this regulation shall be entitled to appear before the subcommittee in person or through an advocate.

The registration of a contractor shall be suspended after investigations into his conduct have been concluded and it is established that the contractor has engaged in misconduct.

An investigation committee may make recommendation with respect to the contractor, including revocation of the registration, caution or censure.

Any contractor whose licence is suspended shall not enter into any new contract until the suspension has been lifted.

The Authority shall inform the owner of works of any suspension of a contractor working with him.

The Authority may stop the execution of any contract works where it is in the public interest to do so.

The Authority shall conduct an inquiry in to the conduct of the contractor in accordance with section 22 of the Act before removing the name of the contractor from the register.

Upon conclusion of the Inquiry, the Authority shall publish the name of any contractor who has been deregistered and shall direct that all construction contracts being executed by that contractor be terminated immediately.

Any person aggrieved by the action of the Authority under this Regulation may appeal to the Appeals Board and the provisions of regulation 8(3) shall apply in respect of such an appeal.

If an application in relation to this regulation is made electronically, the supporting documents referred to in sub-regulation (3) shall be submitted to the Authority by registered mail or by hand delivery.

An application shall not be considered duly completed for purposes of this regulation, unless all documents are received by the Authority.

The Authority shall make a decision on an application by a person or firm within thirty days of receiving such application including rejection if such person does not fully comply with requirements set by the Authority, and shall inform the applicant accordingly giving reasons for such rejection.

An application form for registraiion may be made in English or Kiswahili.

A register of registered contractors shall be kept in accordance with section 19 of the Act.

The Authority shall assess every application received for the mandatory requirements set out in Parts I, II and III of Form I set out in the First Schedule.

In making its evaluation under paragraph (1) the Authority shall award points to the applicant in accordance with the particulars set out in the Second Schedule and shall classify the applicant in accordance with the classes set out in the Third Schedule which shall depend on the scope and costs of the work involved.

The scope and cost of works referred to in paragraph (2) shall be as specified by the Authority from time to time.

A person who qualifies for registration shall be issued with a Certificate of Registration by the Authority.

Notwithstanding any other provision of these Regulations, the Board may where it deems it appropriate register an applicant for a category of works other than that applied for.

A person who is aggrieved by the decision of the Board in relation to the category of registration under regulation 4(2) may submit a written petition indicating the reasons of such grievance, sufficient to justify review or the assessment by Authority.

The Authority shall within thirty days of receiving a petition under paragraph (1) notify the person of the Board’s decision on both applications.

A person aggrieved by the decision of the Board may apply to the Appeals Board within thirty days from the date of notification of the Board’s decision, provided that any person aggrieved by the decision of the Appeals Board may prefer a further appeal to the High Court within thirty days of the date of the decision by the Appeals Board.

Registration of contractors under NCA-1 category shall be open to both local and foreign contractors.

Any registrations that fall between NCA-2 to NCA-8 as set out in the Third Schedule of the Regulations shall be restricted to local contractors only.

A contractor may make an application for upgrading to the Authority in a form to be prescribed by the Authority accompanied by the prescribed fee, and the Authority shall process the application in accordance with the provisions of regulation 3.

An application under paragraph (1) shall be submitted together with proof of the construction work on the basis of which it is made.

The previous records of a contractor shall be reflected in any future application made by such contractor for the purpose of determining the category of registration of the contractor.

Subject to section 18 of the Act, a foreign person or firm shall be eligible for registration as a contractor on application to the Authority and payment of the prescribed fees.

Where a foreign firm applies under this regulation to undertake construction works or project under category NCA 1, such firm shall demonstrate to the Authority its capacity for such works.

The Authority may register joint ventures on application made in writing by the persons intending to enter into joint venture agreements.

The ratio of ownership of a joint venture for construction works between a local firm and a foreign firm shall be at least thirty percent for the local firm.

The profits of the construction works shall be shared in line with the arrangements set out in paragraph (1).

The employees of the joint venture to which this regulation applies shall be competitively recruited from the local labour market, and recruitment or employment of foreign technical or skilled workers on such contract shall only be done with the approval of the Authority where such skills are not available locally.

The Authority may give such exemption on this regulation as the Board may deem appropriate.

All construction works, contracts or projects either in the public or private sector shall be registered with the Authority in accordance with the Act.

An owner shall make an application for registration of a project to the Authority in writing within thirty days from the date on which a tender for construction works, contract or project is awarded to a contractor registered under this Act.

The application under this regulation shall be in the prescribed form and shall be made before the commencement of the construction works contract or project together with such fee as the Board may prescribe.

An owner shall ensure that the tender for construction works, contract or projects is awarded to a person, firm or contractor registered under this Act.

The Authority shall, within thirty days from receipt of the duly completed application form in terms of paragraphs 10(2) and (3) register the construction works contract or project and issue a compliance certificate.

An owner shall notify the Authority of any arbitration entered into or litigation proceedings initiated in relation to construction works registered under this Act within thirty days from the date of commencement of the proceedings.

The owner shall submit information to the Authority identifying the person of the owner’s choice to act as a contact person to liaise with the Authority on the construction works.

Where a person identified under paragraph (1) ceases to act for the owner, the owner shall notify the Authority accordingly in writing within thirty days from such cessation.

The Authority shall register skilled construction workers under one or more of the classes or works provided in the Third Schedule to the Act.

A construction worker referred to in paragraph (1) shall be registered to carry out, or undertake to carry out construction works for or on behalf of another person, for a fixed sum, percentage, value, consideration, wages or other reward.

The Authority shall consider the conduct of an applicant while making a decision on the accreditation of the applicant and may make inquiries and conduct investigations which are reasonable and appropriate in the circumstances of each case so as to be satisfied of the knowledge, skills and experience of such applicant.

The Authority may conduct skills assessments and referee checks while making decision to accredit or renew the accreditation of an applicant.

A person accredited as a construction site supervisor in respect of any of the classes of construction works shall be deemed to have been accredited as a construction worker for the same class.

A person who presents false documents under the paragraph (1) commits an offence and shall be liable on conviction to a fine not exceeding fifty thousand shillings or imprisonment for two months or to both.

The Board shall not exercise its powers under sub-regulation (3) unless an opportunity of being heard has been given to such applicant against whom the Authority intends to exercise such powers.

An applicant whose accreditation as a construction worker or construction site supervisor is suspended or cancelled under this regulation shall, within fourteen days after notification by the Authority of such cancellation, surrender to an authorized officer certificate of accreditation, failing which the applicant shall be guilty of an offence under the Act.

The Authority shall cancel the accreditation of every deceased construction worker or construction site supervisor upon notification to the Authority or on the Authority’s own volition.

There shall be payable to the Authority such fees for its services as the Authority may, with the approval of the Cabinet Secretary, determine from time to time.

The fees determined under sub-regulation (1) above shall be published in the Gazette.

The Authority may upon receipt of a complaint from any person who is aggrieved by an action taken under the terms of the code of conduct or an omission take such action, or where it has reasonable grounds to determine that a person has acted contrary to, or has omitted to act in terms of the code of conduct, the Authority shall appoint an investigating sub committee carry out an investigation into such complaint or suspicion.

Where the complaint or the suspicion implicates a person who is employed by a state organ or a body established under any written law other than the Authority, the Authority shall refer that complaint or suspicion to the accounting officer or accounting authority or any other supervisory person or body having control over that person for the purpose of dealing with the complaint according to the applicable disciplinary procedure, and submit a copy of the referral to the Audit Committee of the organ of state concerned and the Auditor-General.

The investigating subcommittee shall conduct the investigation within the time stipulated by the Authority and submit its report and recommendation including recommendation for sanctions where appropriate.

A person subject to investigation under this regulation shall be entitled to appear before the subcommittee in person or through an advocate.

The registration of a contractor shall be suspended after investigations into his conduct have been concluded and it is established that the contractor has engaged in misconduct.

An investigation committee may make recommendation with respect to the contractor, including revocation of the registration, caution or censure.

Any contractor whose licence is suspended shall not enter into any new contract until the suspension has been lifted.

The Authority shall inform the owner of works of any suspension of a contractor working with him.

The Authority may stop the execution of any contract works where it is in the public interest to do so.

The Authority shall conduct an inquiry in to the conduct of the contractor in accordance with section 22 of the Act before removing the name of the contractor from the register.

Upon conclusion of the Inquiry, the Authority shall publish the name of any contractor who has been deregistered and shall direct that all construction contracts being executed by that contractor be terminated immediately.

Any person aggrieved by the action of the Authority under this Regulation may appeal to the Appeals Board and the provisions of regulation 8(3) shall apply in respect of such an appeal.

If an application in relation to this regulation is made electronically, the supporting documents referred to in sub-regulation (3) shall be submitted to the Authority by registered mail or by hand delivery.

An application shall not be considered duly completed for purposes of this regulation, unless all documents are received by the Authority.

The Authority shall make a decision on an application by a person or firm within thirty days of receiving such application including rejection if such person does not fully comply with requirements set by the Authority, and shall inform the applicant accordingly giving reasons for such rejection.

An application form for registraiion may be made in English or Kiswahili.

A register of registered contractors shall be kept in accordance with section 19 of the Act.

The Authority shall assess every application received for the mandatory requirements set out in Schedule.

In making its evaluation under paragraph (1) the Authority shall award points to the applicant in accordance with the particulars set out in the Schedule and shall classify the applicant in accordance with the classes set out in the Schedule which shall depend on the scope and costs of the work involved.

The scope and cost of works referred to in the Schedule shall be as specified by the Authority from time to time.

A person who qualifies for registration shall be issued with a Certificate of Registration by the Authority.

Notwithstanding any other provision of these Regulations, the Board may where it deems it appropriate register an applicant for a category of works other than that applied for.

A person who is aggrieved by the decision of the Board in relation to the category of registration under regulation 4(2) may submit a written petition indicating the reasons of such grievance, sufficient to justify review or the assessment by Authority.

The Authority shall within thirty days of receiving a petition under paragraph (1) notify the person of the Board’s decision on both applications.

A person aggrieved by the decision of the Board may apply to the Appeals Board within thirty days from the date of notification of the Board’s decision, provided that any person aggrieved by the decision of the Appeals Board may prefer a further appeal to the High Court within thirty days of the date of the decision by the Appeals Board.

Registration of contractors under NCA-1 as specified in the Schedule category shall be open to both local and foreign contractors.

Any registrations that fall between NCA-2 to NCA-8 as set out in the Schedule of the Regulations shall be restricted to local contractors only.

A contractor may make an application for upgrading to the Authority in a form to be prescribed by the Authority accompanied by the prescribed fee, and the Authority shall process the application in accordance with the provisions of regulation 3.

An application under paragraph (1) shall be submitted together with proof of the construction work on the basis of which it is made.

The previous records of a contractor shall be reflected in any future application made by such contractor for the purpose of determining the category of registration of the contractor.

Subject to section 18 of the Act, a foreign person or firm shall be eligible for registration as a contractor on application to the Authority and payment of the prescribed fees.

Where a foreign firm applies under this regulation to undertake construction works or project under category NCA-1 specified in the Schedule, such firm shall demonstrate to the Authority its capacity for such works.

The Authority may register joint ventures on application made in writing by the persons intending to enter into joint venture agreements.

The ratio of ownership of a joint venture for construction works between a local firm and a foreign firm shall be at least thirty percent for the local firm.

The profits of the construction works shall be shared in line with the arrangements set out in paragraph (1).

The employees of the joint venture to which this regulation applies shall be competitively recruited from the local labour market, and recruitment or employment of foreign technical or skilled workers on such contract shall only be done with the approval of the Authority where such skills are not available locally.

The Authority may give such exemption on this regulation as the Board may deem appropriate.

All construction works, contracts or projects either in the public or private sector shall be registered with the Authority in accordance with the Act.

An owner shall make an application for registration of a project to the Authority in writing within thirty days from the date on which a tender for construction works, contract or project is awarded to a contractor registered under this Act.

The application under this regulation shall be in the prescribed form and shall be made before the commencement of the construction works contract or project together with such fee as the Board may prescribe.

An owner shall ensure that the tender for construction works, contract or projects is awarded to a person, firm or contractor registered under this Act.

The Authority shall, within thirty days from receipt of the duly completed application form in terms of paragraphs 10(2) and (3) register the construction works contract or project and issue a compliance certificate.

An owner shall notify the Authority of any arbitration entered into or litigation proceedings initiated in relation to construction works registered under this Act within thirty days from the date of commencement of the proceedings.

The owner shall submit information to the Authority identifying the person of the owner’s choice to act as a contact person to liaise with the Authority on the construction works.

Where a person identified under paragraph (1) ceases to act for the owner, the owner shall notify the Authority accordingly in writing within thirty days from such cessation.

The Authority shall register skilled construction workers under one or more of the classes or works provided in the Third Schedule to the Act.

A construction worker referred to in paragraph (1) shall be registered to carry out, or undertake to carry out construction works for or on behalf of another person, for a fixed sum, percentage, value, consideration, wages or other reward.

The Authority shall consider the conduct of an applicant while making a decision on the accreditation of the applicant and may make inquiries and conduct investigations which are reasonable and appropriate in the circumstances of each case so as to be satisfied of the knowledge, skills and experience of such applicant.

The Authority may conduct skills assessments and referee checks while making decision to accredit or renew the accreditation of an applicant.

A person accredited as a construction site supervisor in respect of any of the classes of construction works shall be deemed to have been accredited as a construction worker for the same class.

A person who presents false documents under the paragraph (1) commits an offence and shall be liable on conviction to a fine not exceeding fifty thousand shillings or imprisonment for two months or to both.

The Board shall not exercise its powers under sub-regulation (3) unless an opportunity of being heard has been given to such applicant against whom the Authority intends to exercise such powers.

An applicant whose accreditation as a construction worker or construction site supervisor is suspended or cancelled under this regulation shall, within fourteen days after notification by the Authority of such cancellation, surrender to an authorized officer certificate of accreditation, failing which the applicant shall be guilty of an offence under the Act.

The Authority shall cancel the accreditation of every deceased construction worker or construction site supervisor upon notification to the Authority or on the Authority’s own volition.

There shall be payable to the Authority such fees for its services as the Authority may, with the approval of the Cabinet Secretary, determine from time to time.

The fees determined under sub-regulation (1) above shall be published in the Gazette.

The Authority may upon receipt of a complaint from any person who is aggrieved by an action taken under the terms of the code of conduct or an omission take such action, or where it has reasonable grounds to determine that a person has acted contrary to, or has omitted to act in terms of the code of conduct, the Authority shall appoint an investigating sub-committee carry out an investigation into such complaint or suspicion.

Where the complaint or the suspicion implicates a person who is employed by a state organ or a body established under any written law other than the Authority, the Authority shall refer that complaint or suspicion to the accounting officer or accounting authority or any other supervisory person or body having control over that person for the purpose of dealing with the complaint according to the applicable disciplinary procedure, and submit a copy of the referral to the Audit Committee of the organ of state concerned and the Auditor-General.

The investigating subcommittee shall conduct the investigation within the time stipulated by the Authority and submit its report and recommendation including recommendation for sanctions where appropriate.

A person subject to investigation under this regulation shall be entitled to appear before the subcommittee in person or through an advocate.

The registration of a contractor shall be suspended after investigations into his conduct have been concluded and it is established that the contractor has engaged in misconduct.

An investigation committee may make recommendation with respect to the contractor, including revocation of the registration, caution or censure.

Any contractor whose licence is suspended shall not enter into any new contract until the suspension has been lifted.

The Authority shall inform the owner of works of any suspension of a contractor working with him.

The Authority may stop the execution of any contract works where it is in the public interest to do so.

The Authority shall conduct an inquiry in to the conduct of the contractor in accordance with section 22 of the Act before removing the name of the contractor from the register.

Upon conclusion of the Inquiry, the Authority shall publish the name of any contractor who has been de-registered and shall direct that all construction contracts being executed by that contractor be terminated immediately.

Any person aggrieved by the action of the Authority under this Regulation may appeal to the Appeals Board and the provisions of regulation 8(3) shall apply in respect of such an appeal.