The Quantity Surveyors Bill, 2026
Debate
Establishment of the Institute of Quantity Surveyors of Kenya
The Bill establishes the Institute of Quantity Surveyors of Kenya as an independent body corporate with perpetual succession and a common seal (Section 4, page 7). Its headquarters will be in Nairobi County, but it must ensure access to its services across Kenya (Section 5(4), page 8). The Institute's functions include regulating practice and standards, registering and licensing quantity surveyors and firms, developing a code of ethics, accrediting training programs, and conducting professional examinations (Section 6(1), page 9).
New Registration and Licensing Requirements
The Bill introduces various categories of registration, including graduate, corporate, associate/technician, and student quantity surveyors (Section 22, page 14). Eligibility criteria for individuals include holding a relevant degree, completing practical training, passing professional examinations, and being in good standing (Section 23, page 15). Quantity surveying firms must also register, adhering to specific requirements such as having a registered quantity surveyor as principal and maintaining professional indemnity insurance (Section 25, page 16). An annual practising certificate is now mandatory for both individuals and firms to practice (Section 33, page 20).
Professional Conduct and Discipline Framework
A Professional Conduct and Discipline Committee is established to investigate allegations of professional misconduct, negligence, or improper conduct (Sections 34, 35, page 21). This Committee will hear complaints and recommend disciplinary actions to the Council, which may include reprimand, suspension, or removal from the register (Section 36, page 22). Professional misconduct encompasses deliberate failure to follow standards, gross negligence, unauthorized disclosure of information, conflicts of interest, allowing unlicensed practice, violating constitutional provisions, and undercutting professional fees (Section 40, page 24).
Penalties for Unlawful Practice and Misconduct
The Bill sets out significant penalties for non-compliance. Unlawfully 'holding out' as a registered quantity surveyor can result in a fine not exceeding KSh 3 million, or imprisonment for up to 3 years, or both (Section 48, page 27). Falsifying registers or records carries a fine not exceeding KSh 1 million, or imprisonment for up to 2 years, or both (Section 49, page 28). Obstructing an inquiry, failing to produce required documents, or providing false information is punishable by a fine not exceeding KSh 1 million, or imprisonment for up to 2 years, or both (Section 37(5)(d), page 23). A general penalty for other offences is a fine not exceeding KSh 1 million or imprisonment for up to 1 year (Section 50, page 28).
Separation from Architects and Quantity Surveyors Act (Cap. 525)
The Bill repeals the provisions of the Architects and Quantity Surveyors Act (Cap. 525) that previously governed quantity surveyors (Section 54, page 30). All rights, liabilities, assets, and staff related to quantity surveyor regulation under the repealed Act will be transferred to the new Institute (Section 53, page 30). Existing registered quantity surveyors under Cap. 525 will be automatically deemed registered under the new Act (Section 52(2), page 29). The Second Schedule details consequential amendments to other Acts, primarily removing references to quantity surveyors from Cap. 525 (Section 55, page 30; Second Schedule, page 33-34).
About This Bill
The Bill establishes the Institute of Quantity Surveyors of Kenya as an independent body to regulate the quantity surveying profession. It outlines new requirements for the registration and licensing of quantity surveyors and firms, and introduces a comprehensive framework for professional conduct, discipline, and penalties. The Bill also repeals provisions of the Architects and Quantity Surveyors Act (Cap. 525) that previously governed quantity surveyors, transferring their regulation to the new Institute.
Bill No.
No. 6 of 2026
Gazette No.
Supplement No. 21 of 2026
Sponsor
Johanna Ng'eno
Background
Currently, quantity surveyors in Kenya are regulated jointly with architects under the Architects and Quantity Surveyors Act (Cap. 525). This Bill aims to establish a new, independent legal and regulatory framework for the practice of quantity surveying by creating the Institute of Quantity Surveyors of Kenya. The purpose is to enhance accountability, strengthen discipline, and align the practice with international standards and best practices, thereby also protecting the public.
Key Amendments
The Bill establishes the Institute of Quantity Surveyors of Kenya as an independent body corporate with perpetual succession and a common seal (Section 4, page 7). Its objects include regulating practice, protecting the public, upholding professional standards, providing a framework for registration, licensing, and discipline, enhancing consumer protection, and aligning with international best practices (Section 3, page 7).
The Institute's functions include:
- Regulating the practice and standards of quantity surveying in Kenya (Section 6(1)(a), page 9).
- Registering and licensing quantity surveyors and firms in accordance with this Act (Section 6(1)(b), page 9).
- Developing and enforcing a code of ethics and professional conduct (Section 6(1)(c), page 9).
- Accrediting academic and professional training programmes in quantity surveying, in consultation with relevant bodies (Section 6(1)(d), page 9).
- Conducting or causing to be conducted professional examinations (Section 6(1)(e), page 9).
- Promoting continuous professional development for its members (Section 6(1)(f), page 9).
- Protecting the interests of the public in all matters relating to quantity surveying practice (Section 6(1)(g), page 9).
A Council of the Institute is established for management, comprising a President (with at least 15 years' experience), the head of quantity surveying in the relevant ministry, a Cabinet Secretary appointee representing consumers, five elected practising quantity surveyors (two with at least 15 years' experience), and the Executive Director as an ex officio member (Section 7, page 9-10). The Council is mandated to manage the affairs of the Institute, issue practising certificates, enforce the code of conduct, supervise continuing professional development, accredit training programmes, and handle complaints and disciplinary matters.
An Examinations Board is created to set, conduct, and moderate professional examinations for quantity surveyors, and to accredit training programs in consultation with the Ministry of Education (Section 16, 17, page 12-13).
A Registration Committee is established to receive and evaluate applications for registration and practising certificates, verify academic and professional qualifications, and recommend approval or refusal to the Council (Sections 19, 20, 21, page 13-14).
A Professional Conduct and Discipline Committee is established to inquire into allegations of professional misconduct, negligence, or improper conduct, hear and determine complaints, and recommend disciplinary measures to the Council (Sections 34, 35, 36, page 21-22).
New Obligations
- Registration Categories: The Council may register quantity surveyors in categories including graduate quantity surveyor, corporate quantity surveyor, associate or technician quantity surveyor, and students undertaking a degree in quantity surveying (Section 22, page 14).
- Eligibility for Registration: To be eligible for registration, a person must hold a degree in quantity surveying from a recognized university or institution, or an approved equivalent qualification; complete practical training or internship; pass professional examinations; be a member in good standing of the Institute or a recognized professional body; and be of good professional standing without convictions for fraud, dishonesty, moral turpitude, or professional misconduct (Section 23, page 15).
- Firm Registration: Quantity surveying firms must be partnerships, limited liability partnerships, or companies incorporated under the Companies Act. They must have at least one registered quantity surveyor designated as the principal. All persons exercising control over the firm's practice must be registered quantity surveyors unless approved otherwise by the Council. Firms are also required to maintain professional indemnity insurance and fulfill other conditions stipulated by the Council (Section 25, page 16).
- Annual Practising Certificate: A person or firm registered under this Act shall not engage in the practice of quantity surveying unless they hold a valid annual practising certificate issued by the Council. Application for this certificate requires proof of registration, evidence of compliance with continuing professional development, professional indemnity insurance (for firms), and payment of the prescribed fee (Section 33, page 20).
- Professional Conduct: Members are obliged to adhere to the standards of conduct and practice set by the Council, apply established quantity surveying principles, and avoid professional misconduct. Specific acts constituting professional misconduct include gross negligence, unauthorized disclosure of information, conflicts of interest, allowing unlicensed persons to practice in one's name, violating Chapter Six of the Constitution, and engaging in undercutting (charging fees below the prescribed scale) (Section 40, page 24).
Penalties
- Holding Out: A person not eligible to be registered who uses any title appropriate to a registered person or holds themselves out directly or indirectly as being so registered commits an offence and is liable on conviction to a fine not exceeding KSh 3 million, or imprisonment for a term not exceeding 3 years, or both (Section 48, page 27).
- Falsification of Records: A person who wilfully makes a false entry in, or falsification of, any register or record kept under this Act, or who presents or attempts to present themselves or any person for registration by making a false or fraudulent representation, is liable on conviction to a fine not exceeding KSh 1 million, or to imprisonment for a term not exceeding 2 years, or to both (Section 49, page 28).
- General Penalty: A person convicted of an offence under this Act for which no specific penalty is provided shall be liable to a fine not exceeding KSh 1 million, or to imprisonment for a term not exceeding 1 year, or to both (Section 50, page 28).
- Obstruction during Inquiry: A person who obstructs the Institute or the Professional Conduct and Discipline Committee in the exercise of its powers, fails to produce any lawfully required document or information, or knowingly provides false or misleading information, commits an offence and is liable on conviction to a fine not exceeding KSh 1 million, or to imprisonment for a term not exceeding 2 years, or both (Section 37(5)(d), page 23).
Transitional Provisions
- Interim Council Functions: The Board of Registration of Architects and Quantity Surveyors, established under Section 4 of the Architects and Quantity Surveyors Act (Cap. 525), will perform the functions of the new Council established under Section 7 for a period of twelve months from the commencement of this Act, until the Council is properly constituted (Section 52(1), page 29).
- Deemed Registration: Any person who was registered as a Quantity Surveyor under the Architects and Quantity Surveyors Act (Cap. 525) shall be deemed to have been registered as a quantity surveyor under this new Act (Section 52(2), page 29).
- Transfer of Functions: All rights, liabilities, assets, and staff relating to the regulation of quantity surveyors under the Architects and Quantity Surveyors Act (Cap. 525) shall be transferred to the new Institute (Section 53, page 30).
- Repeals and Savings: The provisions of the Architects and Quantity Surveyors Act (Cap. 525) relating to quantity surveyors are repealed. Anything done lawfully under the repealed Act before the commencement of this Act shall be deemed to have been done under this Act (Section 54, page 30).
- Consequential Amendments: The Acts specified in the Second Schedule are amended in the manner specified in that Schedule. Primarily, this involves deleting references to "Quantity Surveyors" and "Quantity Surveying" from the Architects and Quantity Surveyors Act (Cap. 525) to reflect the independent regulation of the profession (Section 55, page 30; Second Schedule, page 33-34).
- Examinations Transfer: Any examinations currently being conducted by any statutory body for qualifying as a quantity surveyor shall be transferred to the Examinations Board within twelve months of the Act's commencement (Section 52(5), page 29).
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