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{
    "id": 1181150,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1181150/?format=api",
    "text_counter": 190,
    "type": "speech",
    "speaker_name": "Sen. Tobiko",
    "speaker_title": "",
    "speaker": null,
    "content": "(b)That duplication of roles, the overlap of functions in approval, regulations, and monitoring of construction of buildings spread over various Government agencies and poor coordination of professionals could be the main underlying cause of structural failures and collapse of buildings in Kenya. Arising from the many cases of collapse of buildings, the Committee will endeavor to query the following: - (i)whether the National Construction Authority Act, of 2011 recognizes the role played by other stakeholders in the construction industry such as county governments; (ii)whether the NCA has investigative powers on buildings that are collapsing and should the NCA be granted prosecutorial powers to enforce their regulations; (iii)the role of the Physical and Land Use Planning Act, 2019 in the building control process; (iv)whether the county governments have the technical and human capacity to enforce the building code; (v)who is responsible for ensuring that the provisions of the Public Health Act Cap 242 are adhered to in the construction process and whether public health officers have the requisite technical capacity in building processes to enforce the building requirements; (vi)whether the National Environment Management Authority (NEMA) is well staffed to enforce the provisions of the Environmental Management and Coordination Act, 1999 on environmental protection including ecological social considerations, landscape and water; all of which do not directly relate to the building process; (vii)which Government agency is mandated to enforce the provisions of the Occupational Safety and Health Act, 2007 on the requisite standards for measuring safety at the construction site. Mr. Speaker Sir, the Committee will further seek answers to the following issues- (i)whether it should be made mandatory to insure buildings under construction to cater for any eventuality and also serve as a repository of data from insurance companies on the failure and collapse of buildings; (ii)whether is adequate quality assurance on construction techniques and materials; (iii) whether the National Construction Authority (NCA) has fully optimised its function to oversee the construction industry and coordinate its development; and, (iv)whether the construction industry laws and regulations have clarity of scope or provide overlapping mandates. Mr. Deputy Speaker, Sir, the Committee will engage the following stakeholders in the building construction sector- (1) The Ministry of Lands, Public Works, Housing and Urban Development with a view to emphasise finalisation of the development of the construction policy to integrate the design and construction process. (2) To establish a reporting centre for any malpractice detected by the public including neighbourhood associations and construction workers. (3) To establish a centre for excellency in building and construction to publicise emerging technologies, standards and policies and show case best practices and also to propose a legal framework to actualise the proposed National Building Regulations 2015."
}