Permissible Working Hours: Ensuring Compliance for Safer, Quieter Communities

The Architectural Association of Kenya (AAK) endorses the efforts of individuals, companies, and the government to provide affordable housing. However, these efforts must comply with regulatory standards concerning construction quality and safety. Housing is a fundamental human right enshrined in Article 43 of the Constitution of Kenya 2010, and is essential for accommodating the growing urban population in many Kenyan cities.

Mulika Mjengo is an advocacy initiative of AAK that was developed with the express aim of providing a platform for the public to report on unsafe construction practices. AAK has developed an anonymous platform through which residents can share information about concerning developments in their neighbourhoods, or those that do not conform to the following;

For Active Construction Sites:

1. Site board information including ownership information, project description, contractors and statutory approval numbers

2. Availability of safety signage throughout the site

3. Fall protection systems such as guard rails, safety nets, scaffolding

4. Personal Protective Equipment (PPEs) for workers such as hard hards, safety glasses and shoes/boots, gloves

5. Display of relevant licences and approved drawings at the site office

6. Adequate site hoarding

7. Adherence to the local zoning policy

8. Construction on well-drained land

9. Land tenure

10. Access to the building and adequate parking provision

11. Adequate ventilation

12. Permissible working hours

For Existing Buildings:

1. Structural integrity issues

2. Availability of fire safety mechanisms

3. Clear and unobstructed emergency exits

4. Proper electrical wiring and management

5. Accessible designs and safety measures for People With Disabilities

6. Measures to prevent the breeding of disease-carrying vectors

The main objective of the Mulika Mjengo initiative is to ensure compliance with the aforementioned regulations, including the requirement for all construction sites to operate within the permitted hours of 8am to 5pm. In addition to minimising disruptions to the surrounding communities, this regulation is also integral for reducing noise pollution, and ensuring that residents have quiet periods, particularly during evenings and early mornings. Daytime hours also allow for better visibility which helps foster safer working conditions for construction workers. Despite this, we still continue to receive numerous complaints on non-adherence to permissible working hours, as well as noise pollution, heavily affecting the neighbours.

Such contractors/developers should be subject to fines, which can be increased for repeat offenders. Local authorities and mandated state agencies need to also issue stop-work orders for continuous violations, and ensure that such repeat violations affect a contractor’s ability to secure future permits/licences.

However, it is important to note that certain types of urgent construction can receive exemptions or special permits from these time restrictions. This includes emergency work, such as road repairs or activities critical to public safety. Contractors are required to apply for these permits under such circumstances, providing justification and outlining measures to minimize disturbances, such as low-noise activities.

In some areas, permitted hours may also vary depending on zoning, with stricter rules in residential neighbourhoods compared to commercial/industrial zones.

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