Kenya Proposes Sh2 Million Fine and Jail Term for Unqualified Building Professionals

Kenya’s Cabinet has approved a Bill proposing tougher penalties for unqualified building professionals and stricter regulation of architects, quantity surveyors and other construction specialists.

The proposed Architectural and Quantity Surveying Practitioners Bill, 2026, seeks to improve professional accountability and strengthen construction safety standards. Those found guilty of obtaining registration or licences through fraudulent means could face fines of up to Sh2 million, imprisonment for up to two years, or both.

The Bill would replace legislation dating back to 1934, bringing the regulatory framework in line with changes in the construction industry. It proposes mandatory annual practising licences and gives the regulatory authority greater powers to inspect construction sites and enforce compliance.

The proposed law would also extend regulation beyond architects and quantity surveyors to include landscape architects, interior designers and construction project managers. The government aims to ensure that professionals working across different stages of construction meet the required standards and are held accountable for their work.

The reforms come amid concerns over building safety following several fatal collapses in Nairobi earlier this year. In January, a multi-storey building under construction in South C collapsed, killing two people. 

The National Construction Authority found that the approved design provided for a 12-storey building, but construction had reached 14 storeys before the structure collapsed. Days later, another building under construction in Karen collapsed, killing two people and injuring several others.

Building failures can result from several factors, including unauthorised design changes, poor enforcement and breaches of construction standards. The proposed legislation seeks to strengthen oversight throughout the construction process. 

Mandatory annual licensing would require professionals to maintain their practising status, while expanded inspection powers would allow the regulator to monitor compliance more closely. The measures are intended to complement existing approval procedures and help identify violations before they lead to serious safety risks.

However, the Bill has faced criticism from some professional associations, which have questioned whether a single legal framework can adequately regulate professions with different qualifications, responsibilities and areas of expertise.

Former Association of Construction Managers of Kenya president Nashon Okowa is among those who have raised concerns. He has argued that the legislation should address the construction industry's long-term needs rather than focus primarily on problems highlighted by recent building collapses.

The Bill will now be considered by Parliament, where lawmakers will examine its provisions before deciding whether to enact it into law.