BOOKLET ONLINE

UNITED PROPERTY DEVELOPERS ASSOCIATION (UPDA) INTRODUCTION The UPDA is an association of property developers with the aim of bringing together stakeholders in property development and the real estate industry to share valuable knowledge and experience, generate ideas together that seek to benefit the wider membership of the association, and form friendships through networking within its members. Our mandate can be condensed in 3Cs – Connect, Champion and Counsel. Connect- We connect property developers to each other to share ideas, ideals and experiences through which we can improve ourselves and by extension the property development industry in Kenya and the world in general. Through these interactions, we are also able to share our challenges and innovate solutions that are beneficial to the collective body of our membership. Champion – We leverage on our numbers to champion the interests of our members and our clients to ensure that every stakeholder in the industry is not only satisfied, but we get feedback on the areas to improve, and also engage other public and government stakeholders in any area of concern. Through engagement with policy makers, we formulate programs and policies that will meet the needs of the Kenyan economy and citizens today and in the decades to come. Counsel – We offer professional counsel and expertise to our members on professional standards and to the government on core legislative and policy development initiatives which we feel are critical for supporting the role of property developers in providing reliable, affordable and sustainable real estate infrastructure solutions and keeping the industry competitive for citizens, visitors and tourists. Our Vision To become the most preferred property developers association in Kenya and beyond, through impact to the Real Estate Industry and the economy in general. Our Mission To enhance the development of the real estate industry by maintaining a high standard of practice and continuously working together as a team in addressing the challenges faced by property developers in Kenya, and on the other hand transferring skills and knowledge within our membership through shared experiences, to create a sustainable future for the industry and economy by extension. Our Objectives I. To be the voice of the property development community in advancing their interests and addressing their concerns and challenges. II. We give developers, builders, landlords and other stakeholders expert advice and guidance on everything that relates to their real estate investments and undertakings. III. We lobby at the governmental and policy making level, to impact legislation and ensure the fair treatment of developers. IV. Training our members on new property development innovations and technologies which could cut costs and improve efficiency. V. Offering an opportunity of networking for members and forming new friendships which are mutually beneficial. Our Values Transparency. We are accountable to our members, and we keep them informed on every move. Team Work. We harvest the synergy that comes from each of us contributing their best Innovation. We are always on the lookout for new trends, technologies and innovations which can improve the overall customer service experience, improve effectiveness and enhance efficiency. Service Delivery. All our business efforts are geared towards improving standards, delivering better service to our clients, and being of service to humanity in general.

MEMBERSHIP APPLICATION FORM GENERAL INFORMATION (COMPANY) 1. Name of the Company/Firm : 2. Date of Incorporation/Registration / Establishment: 3. Number of Directors/Proprietors/ Partners : 4. Status of the Organization i.e. Sole : Proprietor/Private Limited/Public Limited 5. PIN No. of the Firm/Company : 6. a. Address (Registered Office): : : : Phone # : Fax #: : E-mail : b. Address (Branch/Regional Office) : : : Phone # : Fax # : E-mail : 7. Name and Address of usual Bankers : Date Signature Seal/Stamp of the Company/Firm Name Designation Note: This Page should be signed by any of the one of authorized representative (director/pertner/proprietor) of the Firm/Company. 2

GENERAL INFORMATION ABOUT THE DIRECTORS / PARTNERS / PROPRIETOR (Please fill out separate form for each Director / Partner / Proprietor) 1. Name: Mr./Mrs./Ms. : 2. Next of Kin : 3. Age : 4. Designation : 5. Qualifications : 6. ID/PP (Identity card/ Passport) #: 7. Address : 8. Phone # : Residence Mobile 9. Past experience in construction industry 10. Other Business, if any. : 11. Association with other Companies/Firms, if any 12. Any other information : Date Signature Note: This page is to be filled in by all Partners/Directors/Proprietors. 3

GENERAL INFORMATION ABOUT EXPERIENCE OF THE COMPANY S.No List of Location Name of Nos. & Sizes of Plots Technical Total Date of Date of Completion Remarks Project Project (House Projects) Team Cost of Commence (Attach Approve ment Credentials) d Projects 1 Project s comple ted by Applica nt Compa ny

2 On- Going Project s of Applica nt Compa ny Signature: Company’s / Firm’s Seal/ Stamp: _

CODE OF ETHICS 1. All Members shall abide by the Articles contained herein as formulated by the Association and its bye- laws, rules and regulations. They shall also abide by any decisions that may be taken by the Executive Committee and the collective membership body at their meetings from time to time. 2. The members shall take active interest in the deliberations of the Association and tender such advice and help as they may deem fit irrespective of the fact whether or not they are members of the Executive Committee. 3. Each member shall be fair in his dealings with his clients. 4. Member companies/developers shall make their best endeavor to expedite the progress of their works and complete them as early as possible. 5. Members shall strictly follow the announced specifications of their projects and the assurances given by them to their clients. If any deviation is unavoidable, it should be fully justified by facts and figures so as to avoid any adverse comments by the clients, the press or the public at large. 6. All designs should be in accordance with the prevailing codes and good engineering practices. 7. Members shall ensure proper utilization of the funds received from their clients for execution of housing projects. 8. If any dispute or disagreement between a member and his customer is brought to the notice of the Association, the member shall be morally bound to provide all relevant information to UPDA concerning specific issues and shall abide by any decision that may be arrived at for an amicable settlement of the dispute. 9. Members shall observe the norms of professional ethics and business morality and instill a feeling of confidence understanding among all stakeholders. 10. Members shall supply any relevant information that may be called for from them about their projects. UPDA shall make sure to safeguard the secrecy of any information that they may like to be treated as confidential. 11. No members shall say or do anything which may affect the reputation of the Association or a fellow member in public or private circles. 12. Disputes between members, if any, shall under no circumstances be brought up for discussion outside the forum of the Association. 13. Members shall not indulge in unhealthy competition or criticism among themselves. 14. They shall also not indulge in any unfair practices or act in a manner detrimental to the reputation or interests of UPDA or the developers industry. (Signature of Proprietor/ all partners/ all directors with Company’s/Firm’s Seal/Stamp) 6

15. Members shall keep the interest of the Association above their personal interest at all costs and shall not involve themselves in any activity which may directly or indirectly undermine the authority of the association or affect its interest reputation and goodwill. 16. Members shall not indulge in cheap publicity. 17. If any member commits any breach of this code of conduct, he shall at once bring it to the notice of the Association for suitable remedial action. 18. No member in the course of deliberations at a meeting shall be sarcastic or injure the feelings of another member by direct or indirect remarks. 19. Action for violation of the Code. A member shall be fined upto the amount equal to that of annual subscription prescribed for the class of membership of the Association or the rights and privileges of a member shall be liable to be withdrawn for any of the following reasons by a resolution of the Executive Committee passed in a meeting specially convened for the purpose by two-thirds majority of the members present in person: (i) Neglect of or refusing to submit to abide by or carry out any decision of the committee taken within the limits laid down by the Memorandum and Articles of Association. (ii) Indulging in unethical practices in the field of trade, commerce or industry. (iii) Intentional violation of the rules, regulations or bye-laws of the Association. (iv) Failure to pay arbitration fee (where the same has been specified), fine or any other due demand of the Association. Provided that a member shall not be expelled by the Committee unless he has been given an opportunity of explaining his position in writing and/ or in person. Provided further that the member so expelled shall have the right to appeal within one month from the date of expulsion to the Association (The Collective Body). Provided also that when such an appeal is made by the member, the Executive Committee shall arrange to convene a meeting of the Collective Body within 30 days from the receipt of the appeal and the decision of the General Body in the matter will be final. (Signature of Proprietor/ all partners/ all directors with Company’s/Firm’s Seal/Stamp) 7

PREAMBLE “CODE OF CONDUCT” FOR MEMBERS OF UNITED PROPERTY DEVELOPERS ASSOCIATION (UPDA) The object of the Code is to bring all the Developers and commercial builders under the umbrella of United Property Developers Association (UPDA) to safeguard their interest and that of the General Public. The members must understand they may be held responsible not only for their practices, of what so ever nature. They are advised, therefore, to bring this Code to the notice of all those associated with them in practice. The member is at liberty to be engaged in any construction/ development activity, whether as proprietor, director, principal, partner, or consultant to, any body corporate or un- incorporate or in any other capacity provided that his conduct complies with the provisions of this Code applying to his circumstances. Article 1 Whereas the United Property Developers Association being incorporated in 2019 with following objectives; (i) To be the voice of the property development community in advancing their interests and addressing their concerns and challenges. (ii) To give developers, builders, landlords and other stakeholders expert advice and guidance on everything that relates to their real estate investments and undertakings. (iii) To lobby at the governmental and policy making level, to impact legislation and ensure the fair treatment of developers. (iv) Training our members on new property development innovations and technologies which could cut costs and improve efficiency. (v) To Offer opportunities of networking for members and forming new friendships which are mutually beneficial, as well as creating employment opportunities to the citizens of the country.. Now therefore it is necessary and expedient to frame a Code of Conduct for the members of UPDA to give meaning and depth to these noble objectives. Article 2 EXTENT & This Code of business Conduct may be called the United Property Developers COMMENCEMENT Association Code of Conduct. This shall come into force immediately. This shall apply to all members of the United Property Developers Association (UPDA) (Signature of Proprietor/all partners/all directors with company’s/firm’s Seal) 8

COMMITMENTS Article 3 STANDARDS OF The member shall faithfully carry out the duties, which he undertakes. He shall also have CLIENT a proper regard for the interests of those who may be expected to use or enjoy the DEALINGS product of his work. SAFETY FIRST Any member shall not give discounts, commissions, gifts, or other to Government Officials for getting undue favours from them. To maintain, uphold, and advance the honour and dignity of the house building & land and real estate development professions in accordance with this Code, a member shall: (a) uphold the ideology of Kenya as a nation; (b) be honest, impartial and serve the country and the particular county where project is being performed, clients and the public at large with devotion; (c) strive to increase the competence and prestige of the persons engaged with this building profession; (d) use his knowledge and skill for the advancement and welfare of mankind and humanity; (e) Promote and ensure the maximum utilization of human and material resources of Kenya for achieving self-reliance; and (f) Not sacrifice the association or national interest for any personal gain. Article 4 A member shall be guided in all his business in professional matters by the highest standards of integrity. A member shall - (a) be realistic and honest in all and shall carry out his business duties without fear or favour; (b) admit and accept his own errors when proved and shall refrain from distorting or altering the facts justifying his decisions or actions; (c) not attempt to attract a client from another developer by false or misleading pretenses; (d) not endeavor to promote his personal interest at the expense of the dignity and Integrity of the profession. Article 5 A member shall have utmost regard for the safety, health and welfare of the public in the performance of his professional duties as builder & developer and for that purpose he shall - (a) Regard his duty to the public welfare as paramount; (b) seek opportunities to be of service for humanity/mankind and work for the advancement of the safety, health and well-being of the community; (c ) not undertake, any illegal construction of building and deviate with approved plan design, which are not safe for the safety, health, welfare of a person or persons, or are not in conformity with the accepted standards. (Signature of Proprietor/all partners/all directors with company’s/firm’s Seal) 9

DIGNITY OF THE Article 6 BUSINESS PROFESSION A member shall avoid all acts or practices likely to discredit the dignity or honour of the profession and for that purpose, he shall not advertise his project in a manner derogatory to the dignity of the profession. He may, however, utilize the following means of identification. (i) Launching Projects through media offering to general public. (ii) Banners, flags, sign boards at the site of his office or projects; Article 7 PUBLIC A member shall endeavor to extend public knowledge and appreciation of his house KNOWLEDGE building and land development profession, propagate the achievements of the profession, and protect it from misrepresentation and misunderstanding. Article 8 DIGNITY OF A member shall uphold the principles of appreciation and adequate compensation for LABOUR those engaged in work and for that purpose he shall offer remuneration commensurate with the qualifications and experience of professionals employed by him. Applicable insurance for staff should be in place. Article 9 UNFAIR A member shall not compete unfairly with another member by attempting to obtain COMPETITION business engagements or personal gains by taking advantage of his superior position or by criticizing others involved in this business or by any other improper means or methods. Article 10 REPUTATION A member shall not attempt to injure, maliciously or falsely, directly or indirectly, the business reputation, prospects, practices of another member. Article 11 ADHERENCE TO A member shall not associate with or allow the use of his name by an enterprise of CODE questionable character nor will he become associated with any persons / firm / company who do not conform to ethical practices or with persons not legally qualified to build the housing business for which the association is intended. A member shall strictly comply with the by-laws, orders and instructions issued by the United Property Developers Association (UPDA) from time to time. Article 12 UNETHICAL A member shall report unethical professional practice of a member with substantiating PRACTICES data to the United Property Developers Association (UPDA) and appear as a witness, if required. Article 13 ENVIRONMENTAL All the lands to be developed and all the housing buildings to be built shall be environment CONCERN friendly. These shall enhance and upgrade the existing environment and add to the beauty of the neighborhoods. (Signature of Proprietor/all partners/all directors with company’s/firm’s Seal/stamp) 10

ARBITRATION Article 14 INDIGENOUS Where and when disputes arise between members of the association, the first option will BUILDING be given to arbitration mechanisms within and through the association before any other MATERIAL & interventions are engaged. This is to foster unity and cooperation between members. PRODUCTS Article 15 ADHERENCE TO BUILDING In the construction of Buildings maximum use will be of local building materials such as CODES stones, bricks, etc. (where applicable) and maximum use will be of locally manufactured LANDS USE building products such as tiles, pipes, wires, electrical and sanitary fittings, etc. This will LAWS save precious foreign exchange, minimize cost of building, promote local industry, labour and skill. Article 16 All UPDA members shall strictly follow the building codes by laws and regulations in force during land development and building construction. I / We have read and understood the above articles and strictly commit to follow these rules/codes of conduct. Name of Firm / Company: 1) Name Signature Authorized signatories 2) Name Signature 3) Name Signature 4) Name Signature Company’s /firm’s stamp/ Seal __ (Signature of Proprietor/all partners/all directors with company’s/firm’s Seal/Stamp) 11

LIST OF DOCUMENTS REQUIRED TO BE SUBMITTED BY THE APPLICANT COMPANY/FIRM. PLEASE ENSURE THAT NO PLACE IS LEFT BLANK/INCOMPLETE IN THE FORM/DOCUMENTS, OTHERWISE THE APPLICATION WOULD NOT BE ACCEPTED. I. Application should be submitted under cover of Company’s letterhead saying that the application forms with requisite documents are enclosed for becoming member of UPDA. II. Request for Membership of UPDA should be duly signed by Director/Partner/Proprietor as indicated on the forms. III. Photocopies of PIN No. Certificate of the Company IV. Please submit photocopies of Valid identification documents of all Directors/ Partners / Proprietors a. In case of Private / Public Limited Company, please also submit: b. Memorandum and Articles of Association attested by company secretary c. Certificate of Incorporation V. All pages of “CODE OF ETHICS” and “CODE OF CONDUCT” to be signed by Proprietor/All Directors/All Partners and company’s seal/stamp affixed on all the pages. VI. Every applicant must present himself before the Membership Sub-Committee for introduction. VII. Annual Subscription fee of Kes. XXXXXXXXXX 12

ORGANISATIONAL STRUCTURE OF THE ASSOCIATION To effectively handle members needs and run in a professional way, the association shall have a secretariat that runs the day-to-day functions that relate to the association, the membership and also handle the interplay between itself and other external stakeholders like the government and regulatory regime players. At inception, the structure will be as below; CEO Administration Technical Manager Manager Relationship Accountant Engineer Architect Legal Officer Manager RECEPTIONIST 13

The roles of the senior management team members is as follows; The CEO’s Roles & Responsibilities 1). To oversee the operations of organization, implement plans involving the management of the association’s resources, human and otherwise. 2). To formulate policies in consultation with the Executive Committee 3). To ensure implementation of board recommendations by delegating and assigning responsibilities to the other staff members. 4). To keep the stakeholder engagement effective within the office and with outsiders. 5). Supporting motivation of employees in organization products/programs and operations. 6). Acting as the interface between the Executive Committee (Board) and employees, and also between the organization and the community at large. The Administration Manager’s Roles and Responsibilities 1). Planning and coordinating administrative procedures and systems and devising ways to streamline processes 2). Assessing staff performance and provide coaching and guidance to ensure maximum efficiency 3). Recruiting and training personnel and allocate responsibilities and office space 4). Ensure the smooth and adequate flow of information within the company to facilitate other business operations 5). Monitor inventory of office supplies and the purchasing of new material with attention to budgetary constraints 6). Ensure there is continuous growth of membership through good customer service to existing members and outreach efforts to prospective new members. 7). To supervise the Accounting and Relationship Manager functions. 8). Work closely with the relationship manager to make sure that relationships between the members and the association are well fostered. 14

The Technical Manager’s Roles and Responsibilities 1). Work closely with project managers during all phases of the development to ensure clients are served effectively, and that laws and applicable regulations are followed. 2). Advise members on how to deliver projects consistently, on time, and on budget. 3). Conduct trainings for members’ technical teams for the purposes of capacity building. 4). Provide guidance and insight to upper management on areas of improvement. 5). Delegate technical responsibilities and monitor the progress of members’ projects 6). Improve the effectiveness of member’s development systems; increasing efficiency and reducing administrative overheads. 7). Foster a climate and culture where real estate development technical issues are addressed effectively and speedily, as part of every stakeholder’s normal function. 8). Carry out background checks on behalf of our members on the qualifications of their technical teams. 15