Construction Law
Lawyers in Kenya

First, ensure you've complied with the contract's notice and claim submission requirements — many construction contracts impose strict time-bar provisions. We then issue a formal demand supported by contractual entitlement analysis. If payment isn't forthcoming, the dispute resolution clause in your contract will typically provide for adjudication, mediation or arbitration before court action. We pursue recovery through the most effective mechanism available — and where urgent, we can apply for interim injunctions or attachment orders to protect your position while the dispute is resolved.

Yes. Under the National Construction Authority Act 2011, all contractors, subcontractors and construction workers must be registered with the NCA before undertaking construction works in Kenya. Contractors are registered in categories (NCA 1 to NCA 8) based on their financial capability, experience and technical capacity — which determines the maximum project value they can undertake. Operating without NCA registration is a criminal offence and can result in fines, project shutdown and prosecution. We assist with NCA registration applications, category upgrades and compliance matters.

Adjudication is a rapid, interim dispute resolution process commonly found in FIDIC and other construction contracts. A dispute is referred to an independent adjudicator (or Dispute Adjudication Board — DAB under FIDIC) who issues a binding decision, typically within 28–84 days. The decision is binding unless and until revised by arbitration or court proceedings. Adjudication is designed to keep construction projects moving by providing fast interim resolution — particularly for payment disputes, variation claims and extension of time issues. We represent clients in adjudication proceedings and enforce adjudicator decisions.

Yes, but termination must be done strictly in accordance with the contract terms. Most standard form contracts (FIDIC, JBC) set out specific events of default (e.g., abandonment, persistent failure to perform, failure to comply with a notice to correct) and require a formal notice procedure before termination. Wrongful termination — terminating without following the correct procedure or without sufficient grounds — exposes you to a claim for damages, loss of profit and potentially the cost of completing the works. We advise on whether the grounds for termination are met, manage the notice process and handle post-termination matters including bond calls, re-tendering and final account.

Before commencing construction, you typically need: (1) county government building plan approval under the relevant county building code; (2) NCA project registration and contractor registration verification; (3) NEMA environmental impact assessment (EIA) licence for projects above the prescribed threshold under EMCA; (4) land use change approval if applicable; (5) OSHA registration and workplace health and safety compliance; and (6) any sector-specific approvals (e.g., Kenya Urban Roads Authority, Kenya National Highways Authority for road projects). We prepare a regulatory compliance checklist for your project and handle all applications to ensure you commence works lawfully.