GAZETTE NOTICE NO. 11032

for the purposes of the Act. PART I—PRELIMINARY Name of Code 1. This Code shall be known as the Code of Professional Conduct for Architects and Quantity Surveyors. Definitions 2. (1) In this Code─ “Board” means the Board of Registration of Architects and Quantity Surveyors established by section 4 of the Act; “client” means a person who engages an architect or quantity surveyor (whether or not for payment) to provide architectural or quantity surveying services; “document” means any record of information, and includes- (a) anything on which there is writing; (b) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; (c) anything from which sounds, images or writings can be reproduced with or without the aid of anything else; or (d) a map, plan, drawing or photograph. “Contractor” - An individual ,company or legal legal entity hired by the client to carry out the work required for a construction project and registered under The National Construction Authority Act of the Laws of Kenya. “Developer” An individual, company or legal legal entity who arranges the procurement of land or space, finances and other resources required for a construction project. “Good standing” The status of an architect or quantity surveyor who has met all the conditions set by the Board to practice and is not the subject of any sanction, suspension or disciplinary action. “Assessor” A registered person appointed by the client or promoter to prepare instructions, evaluate and appraise performance in an Architectural competition approved by the Board. 30th August, 2024 THE KENYA GAZETTE “Technical Auditor” An architect or quantity surveyor appointed to review and report on the works or services carried out by a contractor or consultant for the project related to design and construction supervision works with regard to the organizational, technical, safety, contractual and financial aspects during the implementation of the project and to assess and report on the sound implementation of the contract and provide recommendations which contribute to the intended results of the project. “Promoter”- An individual, company or legal entity who seeks approval from the Board for an Architectural competition. (2) Expressions used in this Code that are defined in the Act have the meanings set out in the Act. PART II—GENERAL PRACTICE STANDARDS Reasonable Standards of Conduct 3. (1) In providing architectural or quantity survey services, an architect or quantity surveyor shall─ (a) act with honesty, integrity and with reasonable care in the provision of services; (b) act with impartiality between the contractor and the client; (c) comply with all other applicable laws. (2) An architect or quantity surveyor shall provide architectural or quantity surveying services to a client according to the agreed time frames. (3) An architect or quantity surveyor shall withdraw from the provision of any architectural or quantity surveying services if the architect or quantity surveyor reasonably believes that in their professional judgment, the provision of the services would require the architect or quantity surveyor to act in a manner that— (a) the architect or quantity surveyor considers unethical; or (b) contravenes the Act and the By-laws therein or this Code. (4) An architect or quantity surveyor shall only offer to clients, services within their skill and competencies. (5) A registered person in charge of a client’s project shall ensure that he has capacity and experience to be in charge of the project. (6) An architect or quantity surveyor shall advise a client to obtain specialist advice or services from a suitably qualified person other than an architect or quantity surveyor concerning an issue arising in connection with the provision of the services if the architect or quantity surveyor believes that it is in the client’s interest to do so. (7) An architect or quantity surveyor shall not take as a partner or co-director in his firm any person who is not in good standing with the Board. (8) An architect or quantity surveyor who is engaged as a consultant, advisor or assistant shall not act in a professional capacity for a third party to whom his principals owe a contractual duty under this Act. (9) A registered person retained by one party in a building contract shall not render professional services in the same project to the other party in any circumstance. (10) An architect or a quantity surveyor shall keep their original drawings, dimensions, abstracts, draft bills of quantities, reports and any other documents necessary to verify any matter relating to the project for a minimum of six (6) years after the final completion of the project. (11) An Architect or Quantity Surveyor shall not occasion unreasonable delay in preparation of a valuation or a certificate for purposes of payment or engage in under-valuation, over-valuation, under-certification or over-certification of works. Professional Practice and Registration of Firms 4. (1) An architect or quantity surveyor shall register their firms with the Board and shall not practise in firms that are not duly registered with the Board. (2) All directors of entities seeking registration shall be required to undertake the Executive course in Practice Management administered by the Board. Trading Names 5. (1) An architect or quantity surveyor shall ensure that their trading names (Names or titles used for business purposes), other than the actual names of currently or formerly registered persons are unique in order to— (a) prevent duplication, particularly in regard to the Business Registration Services Act of the Laws of Kenya; (b) ensure that the public are not misled by pretentious titles. (2) An architect or quantity surveyor encountering any persons not registered under the Act using the word “Architect” or “Quantity Surveyor” or any abbreviation or derivative of these words, on any official letter, drawing document or notice board may report to the Board. (3) An architect or quantity surveyor may if they hold the requisite qualification describe themselves as─ (a) interior designers; (b) Architects and planners, planning consultants, town planners, etc.; and (c) project managers, construction managers, construction cost consultants. (4) An architect or Quantity Surveyor shall ensure that all information hosted on internet-based platforms is factual and not self- praising. Limited Liability Companies 6. A registered person may practice as a limited liability company as hereunder─ (a) Upon registration of the company with the Business Registration Service, the company directors who in every case shall be registered persons shall apply for the registration of their company with the Board; (b) Registered persons shall furnish the Board with all particulars of all directors of the company; (c) The applicant shall provide such other information about their company as the Board may require; (d) The applicant shall pay an application fee as prescribed by the Board; (e) Registered persons forming limited liability companies shall be subject to all relevant provisions of the Act. Letterheads 7. (1) An architect or quantity surveyor shall use letterheads (printable headings to business letters) showing the names of─ (a) all architects or quantity surveyors who are partners (or directors in the case of unlimited companies) and consultants of other professions who are Partners, as approved by the Board under By-law 45A; (b) the names of Associates or other staff who are registered by the Board, may be shown if so desired, with appropriate designation; (2) Letterheads must not show the name of any associate or other staff who are not registered under this Act. (3) An architect or quantity surveyor shall not vary letterheads or stationery depending on the occasion or type of client they are dealing with including the inclusion or exclusion of principals, partners or associates. (4) An architect or quantity surveyor shall not use in their letterheads misleading and pretentious descriptions that amplify the service they provide such as Construction Cost Consultants, Building Economics, Planners, Loss adjustors, Surveyors, Chartered Architects or Chartered Quantity Surveyors among others. Unless they possess special qualification(s) recognised by the Board. THE KENYA GAZETTE 30th August, 2024 (5) An architect or quantity surveyor shall use letterheads that truly reflect their expertise and scope, and also reflect the respective principal’s competence and availability in Kenya and not letter- heads─ (a) that use the words “international”, unless they have a physical presence in more than one country. (b) that use the words “consortium”, unless they are an association of several companies approved by the Board. Advertisement (1) No registered person shall advertise or offer his professional service to any person or corporate body by means of paid announcements in the press or other media, unless approved by the Board. (2) An architect or quantity surveyor shall permit their names and professional affixes to only appear on advertisements by commercial companies for which they have acted for professionally. (3) An architect or quantity surveyor may allow signed illustrations and description of their work to be published in the press or other media but shall not─ (a) give monetary considerations for such insertions; or (b) allow such insertions to be used by the publishers for soliciting advertisements from contributors. (4) No architect or quantity surveyor shall permit advertisements by commercial companies for which they have acted for professionally to make advertisements for the company that gives the particulars of the architect’s or quantity surveyor’s life history and extols the architect’s or quantity surveyor’s capabilities. (5) A registered person shall ensure that adverts made in the press inviting applications for staff shall not include any marketing or promotional statements. (6) An architect or quantity surveyor may allow an advertisement placed in the press on behalf of a client for pre-tender information or other matters concerning a particular project to include the name and address of the architect or quantity surveyor, in the manner prescribed as follows— (a) all information given out to the media by the registered persons about themselves or their firms must always be factual and must not in any way diminish the standing and the dignity of the profession of architecture and quantity surveying; (b) entries and publications in directories must be standard, giving telephone, e-mail, website, postal and physical addresses and the expertise offered; (c) entries to data banks give standard information as (b) above; (d) information given out to the print or electronic media for supplement purposes or as commentaries on a professional topic must only give information on the registered persons or firm’s, areas of expertise in the case of supplementaries. In the case of commentaries, information supplied shall not extol the capabilities of registered persons or that of their firm; (e) information contained in circulars, brochures and newsletters must be factual and must not extol their capabilities. Public Announcements, Radio, Television and Web Broadcasting 9. (1) An architect or quantity surveyor holding whole time public appointments, may participate in programmes such as individual talks, interviews and group discussions on radio or television, and may be identified by their name, professional designation and appointment or position they hold, and in such instances an architect or Quantity surveyor is expected to declare that the statements they make are either in their official or personal capacity. (2) An architect or quantity surveyor in private practice, may participate in programmes such as individual talks, interviews and group discussions on radio or television, and may be identified by their name, professional designation and appointment or position they hold, and in such instances an architect or quantity surveyor is expected to declare that the statements they make are in their personal capacity. Site Notice Boards 10. (1) A registered person shall exhibit their name on the notice board erected only outside their construction sites in the course of construction, alteration or extension or immediately adjacent to the site in lettering not exceeding 100mm in height. (2) No registered person shall erect notice boards or signboards, bearing the names of an architect or quantity surveyor, on construction sites before the commencement of normal building operations or allow the sign boards to remain on construction sites after the final completion of the project. (1) A registered person shall ensure that any site notice board carrying their name conforms with this Code. (2) A registered person shall register the project with the Board. (3) An electronic site sticker issued by the Board shall be affixed to the site sign board at commencement of construction of any project. (4) Only registered persons supervising a project should appear in the site sign board. Supplanting 11. (1) No architect or quantity surveyor shall attempt to supplant another architect or quantity surveyor. 8. An architect or quantity surveyor may take over an ongoing project from another architect or quantity surveyor provided he has notified the previously employed architect or quantity surveyor and the Board. 9. An architect or quantity surveyor that proceeds to take over an ongoing project shall satisfy himself that there are no outstanding obligations between the client and the previously employed architects or quantity surveyor, before proceeding to undertake such works. 10. The project takeover shall be effected through the Board’s project registration portal. Other Businesses 12. (1) A registered person may be a director or a shareholder in other businesses within the realm of architecture or quantity surveying subject to the approval of the Board. (2) Where a registered person is providing other services in a project other than architectural or quantity surveying, he shall give full disclosure to his client before proceeding with the project. Management of Registered Offices and/or Branch Offices 13. An architect or quantity surveyor shall where not resident or available at the office or branch office, have a registered person managing the office or branch office. Competition 14. (1) No registered person shall participate in any architectural competition, limited or otherwise unless the conditions of the competition have been approved by the Board and conform to the By- Laws or guidelines governing the promotion and conduct of architectural competitions issued by the Board. (2) No registered person shall act as a consulting architect or quantity surveyor for a project where he has been appointed as an assessor. (3) No registered person shall act as a consulting architect or quantity surveyor for a project where he has been appointed as a technical auditor. (4) A registered person shall not attempt in any way to secure work for which a competition has been instituted except as a competitor and in accordance with the conditions of the competition until the time when the conditions have ceased to apply. (5) A registered person shall not in any way attempt to influence unfairly or dishonourably whether directly or indirectly the award in a competition. 30th August, 2024 THE KENYA GAZETTE (6) In order for a registered person to procure work through the submission of written proposals— (a) there shall be clear and comprehensive request for proposal prepared by the client or promoter; (b) the request for proposal shall in every case contain clear “Terms of Reference” regarding the work; (c) the submission shall in every case be in two separate envelopes, of which, one shall contain the “Technical Proposal” while the other will contain the “Financial Proposal”; (d) all Technical Proposals shall be received and opened in public; (e) the Financial Proposal shall only be opened after the adjudication of the Technical Proposal; (f) the Financial Proposal shall comply with the provisions of the Act and its amendments. (g) request for proposal shall in every case include information regarding the adjudication and selection criteria; and (h) the Financial Proposal shall then be opened in public. (7) It shall be professional misconduct for an architect to submit or prepare detailed design drawings as it will be expected that adequate information is supplied to all competitors. (8) It shall be professional misconduct for a quantity surveyor to submit or prepare detailed bills of quantities as it will be expected that adequate information is supplied to all competitors. Form of Engagement 15. (1) An architect or quantity surveyor shall enter into agreement with the client concerning the provision of architectural or quantity surveying services setting out the duties of the architect or quantity surveyor and the fees payable. (2) An architect or quantity surveyor shall enter into a written agreement prepared by or on behalf of the architect or quantity surveyor, stating clearly and concisely the terms and conditions of their engagement immediately upon the receipt of their client’s instructions including the following─ (a) the parties to the agreement; (b) the name, registration number and contact details of the architect or quantity surveyor responsible for providing the architectural or quantity surveying services; (c) the scope and nature and specific requirements of the architectural or quantity surveying services; (d) where possible, reasonable estimates of disbursements; (e) how professional fees and costs, including disbursements, will be paid; (f) the likely extent of periodic supervision by the architect or quantity surveyor and how the client will be informed of the progress; (g) how the architect or quantity surveyor will obtain the client’s authority to make changes or amendments; (h) how the agreement may be terminated and for what reasons; (i) dispute resolution mechanisms; and (j) other conditions as may be prescribed by the Board. (3) Every registered person shall ensure that the fees payable by a client is in accordance with the Fourth and Fifth Schedules of the Architects and Quantity Surveyors By-laws. (4) Every agreement of engagement shall be registered in the Board’s project registration portal in the prescribed format. Endorsement of Documents 16. (1) No registered person shall put his name and signature on any drawings, specifications, bills of quantities, certificates or final accounts unless the drawings, specifications, bills of quantities, certificates or final accounts are either prepared, or checked and approved by themselves. (2) No registered person shall permit his name or electronic signature to be used in relation to any work, document or publication to misrepresent the authorship of, responsibility for, or agreement with the content or form of any work, document or publication. Conflict of Interest 17. (1) No registered person shall enter into an agreement with a client if the agreement would result in an actual or potential conflict of interest with the client. (2) Before a registered person enters into a contract to provide services to a client or an employer, he must- (a) disclose to the client or employer if a conflict of interest exists, or is likely to exist in the future, between the interests of the client or employer and the interests of the architect or quantity surveyor or an existing client of the architect or quantity surveyor; and (b) if the conflict of interest exists, or could reasonably be expected to arise in the future, because of the interests of an existing client or employer, obtain the informed consent of the existing client or employer to the contract. (3) If a registered person receives any payment or other advantage for endorsing or making comments about any product or service likely to be used in connection with the provision of services, he must disclose this fact to the client. (4) No registered person shall accept an engagement to provide services to a client referred by a third party to whom he has given or offered to provide a fee or other benefit for the referral of clients or potential clients unless he has first disclosed to the client of his arrangement with the third party. (5) A registered person must not act for a client in any dealing with a third party from whom he may receive (whether directly or indirectly) any fee or other benefit in respect of that dealing unless, before acting for the client in the dealing he has— (a) disclosed to the client in writing the nature and value of any fee or other benefit that may be received by him; and (b) obtained consent from the client. (6) No registered person shall accept any work that involves the giving or acceptance of discounts, commissions or gifts to or from third parties including contractors or tradesmen whether employed to do his work or not. Remuneration under Contract for Services 18. (1) A registered person shall only accept work remunerated as per the fees laid down in the Fourth or Fifth Schedule of the Architects and Quantity Surveyors By-laws. (2) Every registered person shall not pay another registered person less than the fees set out in the Fourth and Fifth Schedule without notifying the Board of their intention to do so and the reasons thereof and obtaining the consent of the Board to do so. (3) No registered person may share or agree to share fees or enter into partnership regarding architectural or quantity surveying work with any unregistered person unless the entry into partnership with the unregistered person has been approved by the Board. (4) No registered person shall appropriate fees received for onward transmission to other consultants. Professional Fees for Consortium 19. A registered person shall, where the fees to be charged by the architects and quantity surveyors as a consortium, ensure that their fees is in accordance with the Fourth and Fifth schedule of the Act. Professional Indemnity Insurance 20. A registered person, shall not practice without a valid professional indemnity insurance. Continuous Professional Development 21. All registered persons are required to comply with the provisions of Continuous Professional Development By-Laws. THE KENYA GAZETTE 30th August, 2024 Electronic Mail 22. Every registered person shall ensure that all drawings, details, specifications, bills of quantities and other documents shared electronically with third parties are authenticated and bear distinguishing marks and the architect or quantity surveyor shall assume full responsibility in their subsequent appropriation and use. Dual Qualifications 23. (1) A person who is registered both as an architect and quantity surveyor may practice both disciplines. Where the services of both the architect and quantity surveyor are to be rendered to the same project by the same person, that person will be required to disclose the same to the client. (2) A registered person shall be required to ensure that in performing both functions, no conflict of interest will arise in the project. Design and Build Projects 24. (1) A registered person may─ (a) render professional services to ‘Design and Build’, ‘Turnkey’, ‘Package Deal’ or similar construction projects either as consultants retained by the developer or the contractor; or (b) operate as paid employees of either the developer or the contractor or as proprietors, shareholders or directors of ‘Design and Build’ entities; (c) associate with others in forming and or in operating ‘Design & Build’ entities. (2) An architect and quantity surveyor, when acting as above, shall at all times, uphold the professional ethics and the codes of practice issued by the Board. Annual Practice Certificate for Registered Persons 25. A registered person shall obtain from the Board an annual practising certificate. Digital Identification Card 26. A registered person shall obtain from the Board a Digital Identification card. Annual Practising Certificate for Firms 27. Every registered firm shall obtain an annual practising certificate from the Board. Partnership of Registered Person with Unregistered Person 28. (1) A registered person may enter into partnership with an unregistered person as long as the registered person owns minimum 51% of the shares. The registered person shall be held responsible for the firm. (2) The applicant shall provide personal details and profiles for the unregistered persons to the Board. (3) The withdrawal of the registered person from the partnership will result to the automatic deregistration of the practising firm. Dated the 21st August, 2024. SILVESTER K. MULI, Chairperson, Board of Registration MR/6161672 of Architects and Quantity Surveyors.