A review and summary of the National Construction Appeals Board Rules 2021.

The National Construction Appeals Board Rules 2021(NCABR), legal notice number 7 of 2021, published
on 5th February 2021 are intended to guide the filing, hearing and disposal of appeals and other matters
before the Appeals board. The Appeals board is created under section 27 of the National Construction
Authority Act of 2011 and these rules are made by the board in exercise of the powers conferred to it
under section 28 of the Act. The rules are meant to facilitate the just, expeditious, proportionate and
affordable resolution of appeals and applications.

I will highlight below in summary what the National Construction Board Rules 2021 entail which may be
of interest to concerned parties.

The NCABR 2021 guides the appeals board on the determination of appeals against decision of the
board to refuse to register a contractor, delete a contractor’s name from the register or to suspend a
contractor. The matters above are to be filed within 30 days from the date of the decision by the board.
The board can also make such decisions as may be necessary to prevent the abuse of the process.

The chairperson of the board shall preside over every hearing and may assign role to another member of
the appeals board under the NCABR. The registrar of the appeals board is going to be appointed by the
appeals board for the proper and efficient discharge of the functions of the appeals board. The registrar
shall keep the register of the appeals board which shall contain the following particulars;

 (a) the identity of the parties; (b) the serial number of the appeal or application; (c) the date of
an appeal or application; (d) the relief sought by an appellant or applicant; (e) the nature of an
appeal or an application; (t) the decisions of the Appeals Board.

The NCABR provide guidance on the proceedings of the appeals board under part iii of the rules. It gives
directions as to; representation of parties before the tribunal, languages of the appeals board,
statement of appeal, response to statement of appeal, dismissal of appeals and applications, additional
documents and additional witnesses, amendment of pleadings, joinder of parties, consolidation,
withdrawal, case management conference, quorum of the appeals board, conducting hearing,
alternative dispute resolution mechanisms, record of proceedings and decisions and applications
generally.

The last part part iv talks about the decisions of the appeals board which include determination of
appeal by consent, decisions of appeal board, interim decision of the appeals board, the cost and further
appeals