Enhancing Compliance of Construction Projects to Construction Industry Regulations in Kenya: A Case of Nairobi City County

Abstract

This study critically examined regulatory compliance within Kenya's construction sector, driven by escalating concerns regarding project implementation and the persistent high incidence of building failures. The primary objective was to develop a framework to enhance regulatory compliance, thereby improving quality and safety on construction sites and ultimately reducing building collapses. The study utilised a multi-theoretical lens to evaluate behavioural and institutional compliance drivers. The outcome variable, level of regulatory compliance, was conceptualised through three variables: registration status of a construction project (RS), conditions at the construction project site (PS), and the status of the workforce at the construction site (CW). Nine determinants of regulatory compliance were identified from existing literature as: suitability of the project legal framework (SLF), proactiveness of regulatory agencies (PRA), efficiency in regulatory processes (ERP), conduciveness of the construction task environment (CTE), characteristics of the project client (CPC), competency of project leaders (CPL), goodness of construction labour (GCL), stability of the prevailing economic environment (SEE), and adherence to ethical factors (AEF). The study employed a quantitative research strategy and a cross-sectional research design to investigate compliance drivers. The target population comprised all construction projects in Nairobi City County enumerated in the National Construction Authority (NCA) 2023 database. Primary data was gathered through questionnaires administered to a randomly selected sample of construction site supervisors representing 261 projects, while objective secondary data was sourced from the NCAs OPRS. Data analysis involved descriptive statistics, confirmatory factor analysis (CFA), correlation analysis, and multiple regression analysis (MRA). The study revealed a significant lack of compliance at the project registration stage, with only 26.22% of projects being registered. Furthermore, a medium compliance rate of 64.75% was observed for registered projects during implementation, falling short of the industry's vision of at least 90% compliance. It was established that SLF, PRA, CTE, CPC, CPL, and GCL collectively accounted for 67.8% of the variability in regulatory compliance. Several significant barriers to regulatory compliance were identified, including bureaucratic hurdles, corruption, and financial constraints. In response, the study recommends a regulatory framework that advocates for a strategic shift from a deterrence-based approach to a mixed, responsive, and service-oriented framework. This new approach emphasises regulators assisting in compliance and leveraging technology to promote adherence. Moreover, the study proposes the conferment of regulatory responsibilities upon the project client, granting legal recognition to Project Execution Plans (PEPs), and institutionalising the role of regulatory compliance champions within project structures. This research, therefore, significantly contributes to the understanding of regulatory compliance in the Kenyan construction industry and offers practical measures for its enhancement, ultimately fostering safer construction practices.