@mkenyan. Welcome.
If you do it personally without involving the public, no one will bother you.
If you solicit to offer the services to the public, the law will take its course.

The logic for this law is to prevent unknowing people to pay/consume services from people who have no training/skills/experience in construction consulting.

For example, you approach TMC for services to build a house in Runda. On average, construction cost in Runda is around 40k and above per m2 due to the class/standards of the area.TMC gives you a low quality house for a high quality area. You are then stuck with a house in an expensive area but get low rents. You also have a not so unique building hence reducing the value of the area.
This works also the other way round. You buy land in Isinya then TMC builds for you at 27 to 28k per m2. You have used more money hence cant recoup your investment since all your neighbours/competition has built with 20k per m2 and below.

Thats one of the many reasons you need consultants aptly trained and certified by Govt to avoid such confusions.
Consumers need to be told all disclosure before. The only way to avoid this is for Govt to set standards as to who can offer such services.
Govt comes up with a law criminalizing offering such services if you are not an arch,eng or qs so as to maintain law and order.
This avoids unnecessary strains to judicial system and encourages growth/order as a country.

@tom boy.
Be specific.
Am not prosecuting TMC here. I am giving my opinion and basing it on facts as posted by TMC on their website and laws as enforced in Kenya.
When TMC says expressly as below
1.
To inspect and oversee the construction process for and on behalf of the client.
2.To submit the Plans to the respective local authority for approval PROVIDED that the costs thereof will be borne by the end buyer;

Lets keep the argument as to whether TMC are in the capacity to offer such services.
To me, based on this law here
http://www.boraqs.or.ke/userfiles/CAP%20525.pdf
they are not in a capacity.

As to whether some peope find it inconveniencing to run around looking for arch/eng/qs, its up to parliament to amend the law to allow TMC or any other person to offer such coordinating services.

Also, your suggestion that TMC should enter into agreement with arch/qs/eng at a particular rate is also illegal. Read this law again
http://www.boraqs.or.ke/userfiles/CAP%20525.pdf

Check page 17.
It forms part of unprofessional conduct .

Its not me who came up with such laws. We all know how to change/amend laws, through parliament or through Supreme court interpretation.

In summary, for TMC to offer a 1 stop shop, they need to amend their website and have it include the consultancy part publicly.

Housing Finance have done that with the Makao product and no one is complaining.We all know the consultants involved in Makao. What is so hard in following the law?

If you google for house plans you will see hundreds of websites i the US. Each of these website FULLY complies with the law of the land whereby standards are kept as to how the public are to procure construction related services. Not every tom,dick and harry can purport to sell these online .

In my example, am trying to explain that its easy to confuse a client who has land in runda into buying lower cost of construction if the info is not well explained by someone with the training and skill to do it and vice versa.

Lets be specific. The TMC product being sold at Korrompoi, near Isinya is at kes 27 to 28k per m2.
All buildings around Isinya have an average of 20k per m2 cost since they are self build,low to middle cost finishes.

Closer to Kitengela town, costs rise again to between 25 to 35k per m2. Towards cbd, costs rise to 35 to 50k per m2.
This change in costs is commensurate to land value and ROI. Either TMC completely lets their Qs deal with this advisory or ask their clients to seek it from the experts .Generally, clients will calculate and decide.Legaly, if mechanisms are set for this info to go to the public using best practice, arch/qs/eng will advise and appropriate action taken.

@tom mboy.
TMC has only mentioned professionals for ONLY pre construction services. No mention of professionals on supervision. TMC even goes ahead to say they will offer this service themselves.
TMC needs to publicly name their professionals if they exist.
It could be a typo .If its a typo, i hope they will rectify.
Once they do that, the public can then rest assured of consumer protection. We can now know who to go to for info on the TMC products.
The law is designed such that TMC and its customers cant be held liable for any defect during construction if there were consultants appointed.The law assumes te consultants will ensure consumer protection. Without consultants, the consumer is left on their own.
Housing Finance have listed the consultants as per the norm within construction industry worldwide.
HFCK model does not break any known law. Once you opt in on Makao, all laws used in construction industry apply.

bottom line is TMC needs to follow all laws n not assume anything. Misrepresenting to offer arch services is criminally n morally wrong.

Lets agree to disagree and end this debate.

Lets agree that to you TMC models is ok and gives good returns to the public.

Lets agree for me TMC model does not sit well within Kenyan and international legal standards.

We can then agree to disagree amicably and move on to other issues.

@tomboy.
The "We" in the TMC website is clear. It means TMC. Legally, TMC are in no capacity to offer such services to the public.
To inspect and oversee the construction process for and on behalf of the client.
If the law says that for example, @tom boy should not offer service A, @tom boy goes ahead to offer it, knowingly or unknowingly, then @tom boy will be deemed to have broken a law. Whether @tom boy will be called a crook or not is not for me to tell, its for the Judicial system, either Litigation or arbitration.

Check HFCK Makao team here.HFCK is clear to the public that their role is to bring together and not to execute professional roles. TMC should also be very clear that their role is to bring together and not to execute/act on any technical roles. These are all registered professionals in the HFCK setup with practicing certificates to offer such services

http://www.makaohomes.com/Team

Now, show me anywhere TMC has such a public list.

Its an open secret that alot of Kenyans only involve professionals for approval process but go ahead to supervise using fundis.

The building that collapsed along Ronald Ngala had same issue. The owner only used an architect to stamp the building for council approval. He then wen ahead to supervise with his foreman/contractor/fundi.
Lets all agree that for Kenya to prosper, laws ahave to be followed. There are no shortcuts.
HFCK have not used any short cuts.
Why should TMC use such?
Check the capacity of HFCK Project Mnagement team. No doubt about their ability to perform.
Now check out the TMC project management team and compare.

There is a reason why in all civilsed societies, some professions have been gazeted to only be offered by certified people.
We all saw what happens to Haiti after not enforcing such laws.
Its also common sense that for the country to develop a pool of knowledge, we have to let the best offer the services. This way, students/public can know where to go for info.
The HFCK consultants will in future share their knowledge with students/other consultants and over time, Kenya will grow. With TMC, there is no knowledge transfer to the next generation.