Engineering Technology Act

Section 1. Short title Section This Act may be cited as the Engineering Technology Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Board" means the Kenya Engineering Technology Registration Board established under section 3 ; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to engineering; "candidate" means any person registered in any of the categories under section 15 (1)(b); "certified engineering technician" means a person registered as such under section 15 (1)(a)(ii); "consulting engineering technologist" means an engineering technologist registered as such under this Act; "consulting engineering technology services" includes consultancy and advisory services relating to independent professional engineering technology works, services or goods and selling or supplying for gain or reward any plan, sketch, drawing, design, specification or other documents relating to any professional engineering technology work, service or good with a liability to be sued; "continuing professional development" means the planned acquisition of knowledge, experience and skills necessary for the development of an engineering technologist or technician; "engineering technician" means a person...

Section 3. Establishment of the Board Section 3(1) There is established a Board to be known as the Kenya Engineering Technology Registration Board. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 3(2)(c) borrowing money or making investments; Section 3(2)(d) entering into contracts; and Section 3(2)(e) doing or performing all other acts or things for the proper performance of its functions under this Act which may lawfully be done or performed by a body corporate.

Section 4. Composition of the Board Section 4(1)(a) the Chairperson who shall be appointed by the Cabinet Secretary from amongst the members appointed under paragraph (c); Section 4(1)(b) the Principal Secretary in the Ministry for the time being responsible for matters relating to Engineering Technology; Section 4(1)(c) one chairperson from any of the recognized professional institutions responsible for engineering technologists and technicians; Section 4(1)(c)(i) one chairperson from any of the recognized professional institutions responsible for engineering technologists and technicians; Section 4(1)(c)(ii) one person representing Technical and Vocational Education and Training Authority; Section 4(1)(c)(iii) one person who shall be a public officer from a public corporation responsible for engineering technology curriculum development; Section 4(1)(c)(iv) one person who shall be a public officer from a public corporation involved in offering engineering technology services and products; Section 4(1)(c)(v) one person who shall be a representative of Technical Universities offering engineering technology programmes in Kenya; Section 4(1)(c)(vi) one person who shall be a represent...

Section 5. Functions of the Board Section issue licences to qualified persons under the provisions of this Act;

Section 6. Powers of the Board Section enter into contracts;

Section 7. Conduct of business and affairs of the Board Section 7(1) The conduct and regulation of the business and affairs of the Board shall be as provided in the Schedule. Section 7(2) Except as provided in the Schedule, the Board may regulate its own procedure.

Section 8. Remuneration of Board members Section The remuneration payable to members of the Board shall be determined by the Salaries and Remuneration Commission.

Section 9. Registrar Section 9(1) There shall be a Registrar who shall be appointed by the Cabinet Secretary on the recommendation of the Board. Section 9(2) The Registrar shall be the Chief Executive Officer and the Secretary to the Board. Section 9(3) The Registrar shall be an ex officio member of the Board but shall have no right to vote.

Section 10. Functions of the Registrar Section subject to the direction of the Board, be responsible for the day to day management of the affairs and staff of the Board;

Section 11. Staff of the Board Section The Board may appoint such officers and other staff through a competitive process as are necessary for the proper discharge of its functions under this Act, upon such terms and conditions of service as it may determine.

Section 12. Delegation by the Board Section The Board may, by resolution either generally or in any particular case, delegate to any committee or to any member, officer, employee or agent of the Board, the exercise of any of the powers or the performance of any of the functions or duties of the Board under this Act or under any other written law.

Section 13. Protection from personal liability Section 13(1) No act or omission by any member of the Board or by any officer, employee, agent or servant of the Board shall, if the act or omission was done bona-fide for the purposes of executing a function, power or duty under the Act render such member, officer, employee, agent or servant personally liable to any, action, claim or demand whatsoever. Section 13(2) The provisions of subsection (1) shall not relieve the Board of the liability to pay compensation to any person for any injury to him or her, his or her property or to any of his or her interests caused by the exercise of any power conferred by this Act or by failure, whether wholly or partially, of any works.

Section 14. Common seal Section 14(1) The common seal of the Board shall be kept in such custody as the Board may direct and shall not be used except on the order of the Board. Section 14(2) The affixing of the common seal of the Board shall be authenticated by the signature of the Chairperson and the Registrar and any document not required by law to be made under seal and all decisions of the Board may be authenticated by the signatures of both the Chairperson and the Registrar. Section 14(3) Notwithstanding the provisions of subsection (2) the Board shall, in the absence of either the Chairperson or the Registrar in a particular matter, nominate one member to authenticate the seal on behalf of either the Chairperson or the Registrar. Section 14(4) The common seal of the Board when affixed to a document and duly authenticated shall be judicially and officially noticed and unless and until the contrary is proved, any necessary order or authorization by the Board under this section shall be presumed to have been duly given.

Section 15. Categorisation of registration Section 15(1)(a) a professional engineering technologist; or Section 15(1)(a)(i) a professional engineering technologist; or Section 15(1)(a)(ii) a certified engineering technician. Section 15(1)(b) a candidate engineering technologist; or Section 15(1)(b)(i) a candidate engineering technologist; or Section 15(1)(b)(ii) a candidate engineering technician. Section 15(2) A person may not practice in any of the categories contemplated in subsection (1), unless he or she is registered in that category. Section 15(3) A person may only practice in a consulting capacity if registered in the category of consulting engineering technologist. Section 15(4) A person who is registered in the category of candidate must perform work in the engineering technology profession only under the supervision and control of a professional of any category as prescribed.

Section 16. Application for registration Section 16(1) A person intending to apply for registration in the engineering technology profession may make such application in the prescribed application form to the Board for registration in any of the categories referred to under section 15 (1). Section 16(2) The application form referred to under subsection (1) shall be accompanied by the prescribed fee. Section 16(3)(a) has demonstrated his or her competence as measured against standards determined by the Board for the relevant category of registration; and Section 16(3)(a)(i) has demonstrated his or her competence as measured against standards determined by the Board for the relevant category of registration; and Section 16(3)(a)(ii) has passed any additional examinations that may be determined by the Board; Section 16(3)(b) having passed accredited or recognized examinations at any educational institution offering educational programmes in engineering technology; and Section 16(3)(b)(i) having passed accredited or recognized examinations at any educational institution offering educational programmes in engineering technology; and Section 16(3)(b)(ii) having passed any other examinati...

Section 17. Refusal of registration Section 17(1)(a) if the applicant has been removed from an office of trust on account of improper conduct; Section 17(1)(b) has been convicted of an offence and was sentenced to imprisonment without an option of a fine, or, in the case of fraud, to a fine or imprisonment or both; Section 17(1)(c) if the applicant has, subject to paragraph (b), been convicted of an offence in a foreign country and was sentenced to imprisonment without an option of a fine, or, in the case of fraud, to a fine or imprisonment or both; Section 17(1)(d) if the applicant is declared by the High Court to be of unsound mind or a person suffering from a mental disorder, or is detained under the Mental Health Act ( Cap. 248 ); Section 17(1)(e) if the applicant is an un-rehabilitated insolvent whose insolvency was caused by his or her negligence or incompetence in performing work falling within the scope of the category in respect of which he or she is applying for registration. Section 17(2) For the purposes of subsection (1)(c), the Board shall take cognizance of the prevailing circumstances in a foreign country relating to a conviction. Section 17(3) The Board shall provi...

Section 18. Qualification for registration Section 18(1)(a) is registered as a candidate engineering technologist and has obtained practical experience of at least three years for the degree holder or at least four years for the Higher Diploma holder in the relevant area; Section 18(1)(a)(i) is registered as a candidate engineering technologist and has obtained practical experience of at least three years for the degree holder or at least four years for the Higher Diploma holder in the relevant area; Section 18(1)(a)(ii) has passed a professional assessment examination conducted by the Board; and Section 18(1)(a)(iii) is a full member of a professional society or association recognized by the Board; Section 18(1)(b) holds a Master's degree in the relevant discipline from a recognized University or Institute or first degree with outstanding contributions to engineering technology; Section 18(1)(b)(i) holds a Master's degree in the relevant discipline from a recognized University or Institute or first degree with outstanding contributions to engineering technology; Section 18(1)(b)(ii) has practised in a specialized engineering technology field as a professional engineering technolog...

Section 19. Registration of an engineering technology consulting firm Section 19(1)(a) the firm is a legal person duly registered or incorporated under the written law for the time being in force; Section 19(1)(b) the firm has at least one partner or principal shareholder who is registered as a consulting engineering technologist and who has a valid license in a specified discipline; Section 19(1)(c) at least fifty one percent of the shares in the firm are held by Kenya citizens; and Section 19(1)(d) fulfils any other condition as may be stipulated by the Board. Section 19(2) The Board may register engineering technology consulting firms in different categories and disciplines based on criteria as shall be established by the Board. Section 19(3) A person intending to register an engineering technology consulting firm under this Act shall apply to the Registrar in the prescribed manner. Section 19(4)(a) such documents as are necessary to prove qualification for registration and any other document that the Board may prescribe; Section 19(4)(a)(i) such documents as are necessary to prove qualification for registration and any other document that the Board may prescribe; Section 19(4)(...

Section 20. Private practice Section 20(1)(a) the government or any other public body; or Section 20(1)(b) a state corporation; or Section 20(1)(c) any person or partnership in which the person is engaged in his or her profession where all fees and charges earned by him or her accrues to the benefit of his or her employer, notwithstanding that he or she is engaged in his or her professional capacity. Section 20(2) A person who engages in private practice contrary to the provisions of this section commits an offence and shall be liable, on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding five years, or to both.

Section 21. Registration of foreigners Section 21(1)(a) that person possesses the necessary qualifications recognized for the practice of engineering technology as a professional in any category under section 15 (1)(a) in the country where he or she normally practices, and that immediately before entering Kenya, he or she was practicing as a professional in any category under section 15 (1)(a) and holds a valid license; and Section 21(1)(a)(i) that person possesses the necessary qualifications recognized for the practice of engineering technology as a professional in any category under section 15 (1)(a) in the country where he or she normally practices, and that immediately before entering Kenya, he or she was practicing as a professional in any category under section 15 (1)(a) and holds a valid license; and Section 21(1)(a)(ii) he or she is a resident of Kenya with a valid working permit; Section 21(1)(b) in the case of a firm, the firm is incorporated in Kenya and a minimum of fifty-one percent of its shares are held by a citizen or citizens of Kenya. Section 21(2) If the conditions stipulated in subsection (1) are not fulfilled, the person or firm applying for registration may b...

Section 22. Temporary registration Section 22(1)(a) he or she is not ordinarily resident in Kenya; Section 22(1)(b) he or she intends to be present in Kenya in the capacity of a professional engineering technologist for the express purpose of carrying out specific work; and Section 22(1)(c) he or she possesses the necessary qualifications recognized for the practice and that immediately before entering Kenya, was practising as a professional engineering technologist and holds a valid license from his or her country of origin. Section 22(2) An application for registration under this section shall be in the prescribed manner and shall be accompanied by the prescribed fee. Section 22(3) The Board may require an applicant to appear before it in the process of considering his or her application and shall require every applicant to produce documentary evidence of his or her work or employment immediately prior to entering Kenya. Section 22(4) The registration of a person under this section shall be valid for the period or for the duration of the work as the Board may specify. Section 22(5) Where the expertise skills of a person registered under this section are not available in Kenya, th...

Section 23. General provisions as to registration Section 23(1) The Registrar shall, so far as is practicable, bring every application before the Board for consideration at its first meeting after receiving the application. Section 23(2) Where a person has complied with the provisions of this Act and has been accepted by the Board as being eligible for registration, that person shall be registered accordingly. Section 23(3) The decision of the Board on an application for registration shall be communicated to the applicant by the Registrar by way of a letter sent to the address stated in the application, within twenty one working days from the date of the Board's decision. Section 23(4) After the name of a person is entered in the register, the Board shall issue a certificate of registration to the person. Section 23(5) The Board may issue other identification documents that are valid for a specified period to a person registered under this Act. Section 23(6) A certificate of registration and other identification documents issued under this section shall remain the property of the Board. Section 23(7) Where the Registrar is satisfied that a certificate of registration or any other d...

Section 24. Adoption and use of title Section Every person whose name has been entered in the Register as a professional engineering technologist or consulting engineering technologist shall, for as long as his or her name remains in the Register, be entitled to adopt and use the style and title "Professional Engineering Technologist" or "Consulting Engineering Technologist" after his or her name or such contraction thereof as the Board may, from time to time, approve and may, subject to section 33 , offer his or her engineering technology professional services to the public for gain or reward or by way of trade or for employment in the engineering technology discipline or category in which he or she is registered.

Section 25. Register Section 25(1) The Registrar shall keep and maintain a register in which the name of every person entitled to have his or her name entered therein shall be entered, as soon as is practicable, after being accepted by the Board for registration. Section 25(2)(a) date of entry; Section 25(2)(b) postal, physical and email address; Section 25(2)(c) qualifications; Section 25(2)(d) category; Section 25(2)(e) engineering technology discipline in which he or she is registered; Section 25(2)(f) nationality; and Section 25(2)(g) such other particulars as the Board may, from time to time, direct. Section 25(3) The register shall be kept and maintained in such a manner as the Board may prescribe, and the details of registration for each registered person on the register shall clearly indicate the discipline of engineering technology in which that person is qualified to practice and particulars or restrictions imposed by the Board, if any. Section 25(4) Any person may inspect the register and obtain from the Registrar a copy of or an extract from the register, on payment of a prescribed fee.

Section 26. Removal of name from register Section deceased person or person found to be of unsound mind or a firm which has ceased to practice or has been wound up by a court order;

Section 27. Publication of registration details Section 27(1) The Registrar shall cause to be published in the Kenya Gazette not later than the thirty-first day of March of every year, particulars of all registered and validly licensed persons or firms and their categories of registration. Section 27(2) A publication made under this section shall be prima facie evidence that a person or firm named therein is registered under this Act and the deletion from the register of the name of any person or firm notified by such publication, or the absence of the name of any person or firm from such publication, shall be prima facie evidence that such person or firm is not so registered.

Section 28. Practising licence Section 28(1) A person shall not engage in the practice of engineering technology unless that person has been issued with a license and has complied with the requirements of this Act. Section 28(2) A person applying for a license shall be required to submit a certificate of continuing professional development issued by the Board, a statutory declaration confirming that no professional complaint has been made against him or her and pay the prescribed fee. Section 28(3) A license issued under subsection (1) shall be valid for one year from the first of January to the thirty-first of December of the year during which it is issued and may, upon expiry, be renewed. Section 28(4) The Registrar shall enter into the Register the date of issuance of a license to every person licensed under this section.

Section 29. Renewal of licence Section 29(1) A person whose license has not been renewed for a year or a longer period and who wishes to have it renewed may apply to the Board. Section 29(2)(a) an affidavit explaining the reasons for non-renewal; Section 29(2)(b) license fees for the current practicing period and, at the Board's discretion, any unpaid fees, including penalties as prescribed by the Board; and Section 29(2)(c) proof to the Board of fulfilment of all applicable conditions for renewal of a license. Section 29(3) The Board may, with sufficient cause, refuse to issue or renew a license and shall communicate the refusal and give reasons to the applicant within twenty-one days.

Section 30. Cancellation, etc of a licence Section 30(1)(a) is convicted of an offence under this Act or the rules made there under; or Section 30(1)(b) ceases to be qualified for the issuance of a license under this Act. Section 30(2) The cancellation, revocation or withdrawal of a licence under this Act shall be published in the Kenya Gazette and in at least one newspaper with a national circulation.

Section 31. Recovery of charges Section 31(1) A person shall not be entitled to recover a charge for engineering technology professional services unless that person is licensed under this Act. Section 31(2) A person who contravenes this section commits an offence.

Section 32. Suspension of a licence Section an offence under this Act in relation to the licensee is being investigated;

Section 33. Person not to practice if removed from register, etc Section 33(1) A person whose name has been removed from the register or whose license issued under this Act has been suspended or cancelled is not entitled to engage in the practice of engineering technology or offer engineering technology professional services or works during the duration of removal of name, suspension or cancellation of the license. Section 33(2) Subject to subsection (1), the Registrar shall notify a person whose name has been removed from the Register by registered mail sent to the address appearing in the Register against his or her name immediately before the removal. Section 33(3) Subsection (2) shall not apply where a person's name has been removed from the register at his or her request or with his or her consent. Section 33(4)(a) cause the removal from the register to be confirmed and direct the surrender of the license and certificate of registration within fourteen days after notification to that person by way of registered post; Section 33(4)(b) cause the name of the person to be restored in the register; Section 33(4)(c) terminate the suspension of the registration; Section 33(4)(d) as t...

Section 49. Rules Section prescribe the form and method of keeping the register under this Act;

Section 34. Funds of the Board Section 34(1)(a) donations, grants, loans or gifts made to the Board and approved by the Cabinet Secretary; and Section 34(1)(b) such fees, monies or assets as may accrue to or vest in the Board in the course of the exercise of its powers or the performance of its functions under this Act or under any written law. Section 34(2) There shall be paid out of the funds of the Board any expenditure incurred by the Board in the exercise of its powers or the performance of its functions under this Act.

Section 35. Financial year Section The financial year of the Board shall be the period of twelve months ending on the thirtieth June in each year.

Section 36. Annual estimates Section 36(1) At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of its revenue and expenditure for that year. Section 36(2)(a) payment of the salaries, allowances and other charges in respect of staff of the Board; Section 36(2)(b) payment of pensions, gratuities and other charges in respect of members and staff of the Board; Section 36(2)(c) proper maintenance of the buildings and grounds of the Board; Section 36(2)(d) maintenance, repair and replacement of the equipment and other property of the Board; and Section 36(2)(e) creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment, or in respect of such other matter as the Board may deem appropriate. Section 36(3) The annual estimates shall be approved by the Board before the commencement of the financial year to which they relate and, once approved, the sum provided in the estimates shall be submitted to the Cabinet Secretary for approval. Section 36(4) No expenditure shall be incurred for the purposes of the Board except in accordance w...

Section 37. Accounts and audit Section 37(1) The Board shall cause to be kept proper books and records of accounts of its income, expenditure and assets. Section 37(2)(a) a statement of the income and expenditure of the Board during that year; and Section 37(2)(b) a balance sheet of the Board on the last day of that year. Section 37(3) The accounts of the Board shall be audited and reported upon in accordance with the provisions of the Public Audit Act (Cap. 412B).

Section 38. Investment of funds Section 38(1) The Board may invest any of its funds in securities in which for the time being trustees may by law invest trust funds, or in any other securities or banks which the Cabinet Secretary for the time being responsible for matters relating to finance may, from time to time, approve for that purpose. Section 38(2) The Board may place on deposit, with such bank or banks as it may determine, any moneys not immediately required for its purposes, as it may determine.

Section 39. Procuring registration or licensing through fraud Section 39(1) A person who willingly procures or attempts to procure registration or licensing under the provisions of this Act by making or producing or causing to be made or produced any false or fraudulent representation or declaration, either orally or in writing, commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years, or both. Section 39(2) The Registrar shall remove from the register the name of any person registered or licensed under this Act who is convicted of an offence under this section and cancel the license held.

Section 40. Professional misconduct Section deliberately fails to follow the standards of conduct and practice of the engineering technology profession set by the Board;

Section 41. Operating an unaccredited institution Section admits to the institution under his or her charge any person for purposes of training in the engineering technology profession;

Section 42. Unlawful use of name Section 42(1)(a) willfully and falsely takes or uses in any way the style or form or title of "Engineering Technologist" in describing his or her occupation or his or her business or any other name, style, title, addition or description implying whether in itself or in the circumstances in which it is used, that such person or body or persons is an "Engineering Technologist"; or Section 42(1)(b) displays any sign, board, card or other device or uses prescribed stamp representing or implying that he or she is an engineering technologist, commits an offence. Section 42(2) Any person who, prior to the coming into force of this Act, used the title or style "Engineering Technologist" in describing his or her occupation or business shall cease to use such titles unless that person becomes registered or licensed under this Act. Section 42(3) The Board may grant exemptions upon application to any person or group of persons for the use of the description or use of the term "Engineering Technologists" and such exemptions shall be in accordance with any recognised written international education accords or treaty or convention to which Kenya has ratified.

Section 43. Carrying of business by body of persons Section 43(1) A body of persons shall not carry on business of engineering technology unless one of its partners or directors, as the case may be, is a professional engineer technologist. Section 43(2) Where a partner or director of a body of persons mentioned under subsection (1), dies, that body of persons may, despite the provision of subsection (1), continue to carry on the business of engineering technology until such time as the administration of the estate of the deceased is completed as if the legal representative of the deceased partner or director were professional engineer technologists.

Section 44. Complaints to the Board Section 44(1) A person who, being dissatisfied with any engineering technology professional services offered, or alleging a breach of the standards of conduct specified by the Board from time to time, by a registered or licensed person under this Act, may make, in the prescribed manner, a written complaint to the Board. Section 44(2) Upon an inquiry held by the Board to determine a complaint made under subsection (1), the person whose conduct is being inquired into shall be afforded an opportunity of being heard, either in person or through a representative of his or her choice. Section 44(3) For the purposes of proceedings at any inquiry held under this section, the Board may administer oaths, enforce attendance of persons as witnesses and production of books and documents as evidence. Section 44(4) A person who fails when summoned by the Board to attend as witness or to produce any books or documents which he or she is required to produce, commits an offence. Section 44(5) Subject to this section and rules of procedure made under this Act, the Board may regulate its own procedure in disciplinary proceedings. Section 44(6)(a) convicted of an off...

Section 45. Disciplinary Tribunal Section a person who specializes in the professional field relating to the complaint for which the Tribunal is formed;

Section 46. Appeal against the Board’s decision Section A person aggrieved by a decision of the Board under this Act may, within thirty days from the date of the Board's decision, appeal to the High Court against that decision, and in any such appeal, the High Court may annul or vary the decision as it may consider necessary.

Section 47. Admissibility of documents Section 47(1) In any legal proceedings, a document meant to be a copy of an entry from the register kept or published by the Registrar, and certified by the Registrar to be a true copy of the entry, shall be admissible as prima facie evidence of the content of the register. Section 47(2)(a) produce the register if its contents can be proved under this Act; or Section 47(2)(b) appear as a witness to prove any entry in the register, of the matters recorded in the register, without a court order.

Section 48. General penalty Section A person who commits an offence under this Act for which no specific penalty is provided for is liable on conviction to a fine of two hundred thousand shillings or to imprisonment for a term not exceeding one year, or both.