AGADVOKS GLOBALKENYA · ENGLISH
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National Construction Authority Act

26. Powers of the Board with regard to register.

Edition: 2022-12-31 · In force

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26. Powers of the Board with regard to register.

(1)Where the name of any contractor has been deleted from the register such name shall not be restored to the register except on the direction of the Board.
(2)Where the name of any contractor has been deleted from the register or the contractor has been suspended in terms under 22, the Board may, either of its own motion or on application in the prescribed manner by the contractor concerned, and in either case after holding such inquiry as the Board may deem fit, direct that—
(a)the deletion of the contractor's name from the register be confirmed ;
(b)the name of that contractor be restored to the register; or
(c)the suspension of the contractor be lifted.
(3)A direction by the Board under subsection (2) may include a provision of the date for—
(i)the restoration of the contractor's name to the register;
(ii)the lifting of the suspension of the contractor; or
(iii)the payment by the contractor of such penalty, not exceeding the fee payable for registration, as the Board may determine.
(4)Any contractor aggrieved by a decision of the Board to —
(a)refuse to register the contractor;
(b)delete the contractor's name from the register; or
(c)suspend the contractor,
may within thirty days from the date of the decision of the Board appeal to the Appeals Board against the decision of the Board and the Appeals Board may give such directions in the matter as it deems proper.
(5)The Board may appear as respondent and be heard on any appeal against its decision and, for the purposes of enabling directions to be given as to the costs of any appeal, the Board shall be deemed to be a party thereto, whether or not it shall appear at the hearing of the appeal.
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Source: Kenya Law