Engineers Act

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

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— "accredited checker" means a person qualified and registered as such under section 24 ; "Board" means the Engineers Board of Kenya established under section 3 ; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to engineering; "code of ethics" means sets of standards for engineers' obligations to the public, their clients, employers and the profession encompassing right conduct; "consulting engineer" means an engineer registered as such under section 16 of this Act; "consulting engineering services" includes consultancy and advisory services relating to independent professional engineering 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 work, service or good with a liability to be sued; "engineer" means a person registered under this Act as a professional engineer or consulting engineer and who holds a valid licence; "engineering" means the creative application of scientific principles to design or develop structure...

Section 3. Establishment and incorporation of the Board Section 3(1) There is established a board to be known as the Engineers Board of Kenya. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding and disposing of movable and immovable property; Section 3(2)(c) borrowing money with the approval of the Cabinet Secretary; Section 3(2)(d) entering into contracts; and Section 3(2)(e) doing or performing all such other things or acts necessary for the proper discharge of its functions under this Act, which may be lawfully done or performed by a body corporate.

Section 4. Headquarters Section The headquarters of the Board shall be in Nairobi and the Board may establish branches at the Counties.

Section 5. Membership of the Board Section 5(1)(a) the Chairperson who shall be appointed by the Cabinet Secretary from amongst the members appointed under paragraph (g); Section 5(1)(b) the Principal Secretary in the ministry for the time being responsible for matters relating to engineering; Section 5(1)(c) the Principal Secretary in the ministry for the time being responsible for matters relating to finance; Section 5(1)(d) the Principal Secretary in the ministry for the time being responsible for matters relating to higher education; Section 5(1)(e) the Chairperson of the Institution of Engineers of Kenya; Section 5(1)(f) the Registrar; Section 5(1)(g) three shall be persons representing different engineering disciplines, nominated by the Institution of Engineers of Kenya; Section 5(1)(g)(i) three shall be persons representing different engineering disciplines, nominated by the Institution of Engineers of Kenya; Section 5(1)(g)(ii) one shall be a public officer from a public corporation involved in matters relating to engineering; Section 5(1)(g)(iii) one shall be a representative of universities nominated by universities offering accredited engineering courses in Kenya; and Se...

Section 6. Object and purpose of the Board Section The Board shall be responsible for the registration of engineers and firms, regulation of engineering professional services, setting of standards, development, and general practice of engineering.

Section 7. Functions and powers of the Board Section 7(1)(a) receive, consider, make decisions on applications for registration and register approved applications; Section 7(1)(b) keep and maintain the Register; Section 7(1)(c) publish the names of registered and licensed persons under this Act; Section 7(1)(d) issue licences to qualified persons under the provisions of this Act; Section 7(1)(e) publish and disseminate materials relating to its work and activities; Section 7(1)(f) carry out inquiries on matters pertaining to registration of engineers and practice of engineering; Section 7(1)(g) professional engineering services and works are undertaken by registered persons under this Act; Section 7(1)(g)(i) professional engineering services and works are undertaken by registered persons under this Act; Section 7(1)(g)(ii) standards and professional ethics and relevant health and safety aspects are observed; Section 7(1)(h) assess, approve or reject engineering qualifications of foreign persons intending to offer professional engineering services or works; Section 7(1)(i) evaluate other engineering programmes both local and foreign for recognition by the Board; Section 7(1)(j) ente...

Section 8. Committees of the Board Section 8(1) The Board may establish committees which shall consist of such number of members as it may deem appropriate to perform such functions and duties as the Board may determine. Section 8(2) The Board shall appoint Chairpersons of committees established under subsection (1) from among its members. Section 8(3) The Board may where it considers appropriate, co-opt persons from outside the Board by virtue of their knowledge or expertise in specific areas to be members of its committees: Provided that the persons co-opted by the Board shall be registered engineers. Section 8(4) All decisions by the committees established under subsection (1) shall be ratified by the Board.

Section 9. Delegation by the Board Section Subject to this Act, the Board may, by resolution either generally or in any particular case, delegate to any committee of the Board or to any member, officer, employee or an agent of the Board, the exercise of any of the functions or duties of the Board under this Act.

Section 10. Conduct of business and affairs of the Board Section The conduct and regulation of business and the affairs of the Board shall be in accordance with the Schedule.

Section 11. Tenure and vacation of office Section 11(1) A member of the Board, except an ex officio member, shall hold office for a term of three years but shall be eligible for re-appointment for one further term of three years. Section 11(2)(a) at any time resign from office by notice, in writing, to the Cabinet Secretary; Section 11(2)(b) has been absent from three consecutive meetings of the Board without the permission of the Chairperson; Section 11(2)(b)(i) has been absent from three consecutive meetings of the Board without the permission of the Chairperson; Section 11(2)(b)(ii) is convicted of a criminal offence and sentenced to imprisonment for a term of six months or more without an option of a fine; Section 11(2)(b)(iii) becomes, for any reason including infirmity, incompetent or incapable of performing the functions of the office; Section 11(2)(b)(iv) ceases to be a registered person under this Act; or Section 11(2)(b)(v) is otherwise unable or unfit to discharge his functions.

Section 12. Remuneration of Board members Section The Board shall pay its members remuneration or allowances as it may determine upon approval of the Salaries and Remuneration Commission.

Section 13. Appointment of the Registrar Section 13(1) There shall be a Registrar of the Board who shall be competitively recruited by the Board and appointed by the Cabinet Secretary. Section 13(2) The Registrar shall hold office for such period and on such terms and conditions of employment as the Board may determine. Section 13(3) The Registrar shall be an ex officio member of the Board but shall have no right to vote at any meetings of the Board. Section 13(4) The Registrar shall be the Chief Executive Officer of the Board and shall, subject to the direction of the Board, be responsible for the day to day management of the Board. Section 13(5)(a) has at least an undergraduate degree in engineering from a recognised institution; Section 13(5)(b) has at least ten years proven experience in the engineering field; Section 13(5)(c) has knowledge and experience in policy formulation, management and procedures of the Government; Section 13(5)(d) is knowledgeable in, or has actively contributed to the promotion of engineering development agenda; and Section 13(5)(e) meets the requirements of Chapter Six of the Constitution.

Section 14. Functions of the Registrar Section maintain the Register of persons registered in accordance with this Act;

Section 15. Limitation of liability Section 15(1) A member of the Board shall not be personally liable for any act or default of the Board done or omitted to be done in good faith in the course of carrying on the functions of, or exercising of powers conferred upon the Board under this Act. Section 15(2) Despite the provisions of subsection (1), the Board shall not be relieved of its liability to pay compensation to any person for any injury to him, his property or to any of his interest caused by the exercise of any power conferred by this Act or by failure, whether wholly or partially, of any works.

Section 16. Qualifications for registration as Professional or Consulting engineers Section is registered as a graduate engineer and has obtained practical experience as prescribed under this Act;

Section 17. Application for registration Section 17(1) A person eligible to be registered as a professional or consulting engineer under section 16 may apply to the Registrar, in a prescribed form and on payment of prescribed fee, to be registered under this Act. Section 17(2) An application made under subsection (1) shall be accompanied with certified copies of certificates and other documents as are necessary to prove qualification for registration.

Section 18. Qualifications for registration as graduate engineer Section holds a degree in engineering from a recognised university or such other qualifications as the Board may determine; and

Section 19. Application for registration Section 19(1) A person eligible to be registered as a graduate engineer under this Act shall apply to the Registrar. Section 19(2) An application under this section shall be made in prescribed manner and form and shall be accompanied by the prescribed fee.

Section 20. Registration of an engineering consulting firm Section 20(1)(a) the firm has a certificate of registration of a business name or a certificate of incorporation; Section 20(1)(b) it has at least one partner or principal shareholder who is registered as consulting engineer and who has a valid licence in a specified discipline; Section 20(1)(c) at least fifty one percent of the shares in the firm are held by Kenyan citizens; and Section 20(1)(d) he fulfills any other condition as may be stipulated by the Board. Section 20(2) The Board may register engineering consulting firms in different categories and disciplines based on a criteria as shall be established by the Board.

Section 21. Application for registration Section 21(1) A person who wishes to register an engineering consulting firm under section 20 , may apply to the Registrar, in a prescribed form and on payment of a prescribed fee, to be registered under this Act. Section 21(2)(a) be accompanied with such documents as are necessary to prove qualification for registration; Section 21(2)(b) provide the firm's profile of activities; Section 21(2)(c) provide the curriculum vitae of partners or directors; and Section 21(2)(d) be accompanied with a written commitment that the Board shall be allowed to verify the suitability of the firm for the purposes of registration. Section 21(3) The Board may require the applicant to furnish such further information or evidence of eligibility for registration as it may consider necessary and may require the applicant to appear in person for an interview before the Board.

Section 22. Restrictions on registration of foreigners Section that person possesses the necessary qualifications recognized for the practice of engineering as a professional engineer in the country where he normally practises and that immediately before entering Kenya he was practising as a professional engineer and holds a valid licence; and

Section 23. Temporary registration Section 23(1)(a) he is not ordinarily resident in Kenya; Section 23(1)(b) he intends to be present in Kenya in the capacity of a professional engineer for the express purpose of carrying out specific work; and Section 23(1)(c) he possesses the necessary qualifications recognised for the practice of engineering as a professional engineer in the country where he normally practises and that immediately before entering Kenya, was practising as a professional engineer and holds a valid licence from his country of origin. Section 23(2) An application for registration under this section shall be in the prescribed form and shall be accompanied by the prescribed fee as determined by the Board. Section 23(3) The Board may require an applicant to appear before it where it is in the process of considering his application and shall require every applicant to produce documentary evidence of his work or employment immediately prior to entering in Kenya. Section 23(4) The registration of a person under this section shall be valid for the period or for the duration of the work specified by the Board. Section 23(5) Where the expertise skills of a person registered...

Section 24. Accredited checkers Section 24(1) Subject to subsection (2), the Board may, upon application, register a person as an accredited checker with powers to review and verify the work of a professional engineer in ensuring that the work is adequate and complies with safety requirements. Section 24(2)(a) is a consulting engineer registered in the relevant discipline of engineering approved by the Board; Section 24(2)(b) has at least fifteen years relevant and proven experience in design and construction management specific to the work to be checked; and Section 24(2)(c) satisfies the Board that by virtue of his ability, standing in the profession, special knowledge or practical experience, he is qualified to be registered under the Act. Section 24(3) A person shall not perform functions or duties under this Act as an accredited checker, unless that person is registered by the Board under this section.

Section 25. Registration by the Board Section 25(1) The Registrar shall, so far as is practicable, bring by the every application before the Board for consideration at its first meeting after receiving the application. Section 25(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. Section 25(3) The decision of the Board on an application for registration shall be communicated to the applicant by the Registrar by letter sent to the address stated in the application within twenty one working days from the date of the decision of the Board. Section 25(4) After the name of a person is entered in the register, the Board shall issue a certificate that has been sealed with the seal of the Board to the person. Section 25(5) The Board may issue other identification documents that are valid for a specified period to a person registered under this Act. Section 25(6) A certificate of registration and other identification documents issued under this section shall remain the property of the Board. Section 25(7) Where the Registrar is satisfied that a certificate of registration or a...

Section 26. Effect of registration Section 26(1) Every person whose name has been entered in the Register as a professional engineer or consulting engineer shall, for as long as his name remains in the Register, be entitled to adopt and use the style and title "professional engineer" or "consulting engineer" after his name or such contraction thereof as the Board may, from time to time, approve and may, subject to section 32 , offer his professional engineering services to the public for gain or reward or by way of trade or for employment in the engineering discipline or category in which he is registered. Section 26(2) Professional engineers or consulting engineers may have the sole discretion of using the title 'engineer' before their names. Section 26(3) Any person, other than a professional engineer or a consulting engineer registered under this Act, who uses the title "engineer" before their names commits an offence.

Section 27. Register Section 27(1) The Registrar shall keep and maintain a Register of all registered persons or firms under this Act in such manner as the Board may prescribe. Section 27(2)(a) date of entry; Section 27(2)(b) address; Section 27(2)(c) qualifications; Section 27(2)(d) category; Section 27(2)(e) engineering discipline; Section 27(2)(f) nationality; and Section 27(2)(g) such other particulars as the Board may, from time to time, direct. Section 27(3) 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 28. Alteration of the Register Section 28(1) The Registrar may, from time to time, make changes or corrections in the Register relating to any entry. Section 28(2) Any changes or corrections in the entries made under this section shall be made by the Registrar as soon as it is practical after receipt of authenticated notification thereof.

Section 29. Removal of persons from the Register Section found to be of unsound mind or a firm which has ceased to practise or has been wound up by a court order;

Section 30. Publication of registration Section 30(1) The Registrar shall cause to be published in the Kenya Gazette not later than the 31st day of March of every calendar year, particulars of all registered and validly licensed persons or firms and their categories of registration. Section 30(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 30(3) A person or a firm whose details have not been entered, or erroneously entered into, the Register, shall notify the Registrar within thirty days from the date of publication of particulars of registration in the Kenya Gazette pursuant to subsection (1), for the necessary correction or amendment to be made, upon which the Registrar shall publish in the Gazette the corrected or amended particulars with respect to that person or firm.

Section 31. Imposition of levy Section 31(1) Every registered engineer whose name appears on the register shall pay annually or at such longer intervals as the Board may deem appropriate a levy to be known as the Engineers Training Levy, at a rate to be determined by the Board from time to time. Section 31(2) All moneys received in respect of a training levy shall be paid into an Engineers Training Levy Fund managed by the Board. Section 31(3) A registered engineer who fails to comply with the provisions of subsection (1), shall not be eligible to be issued with a licence.

Section 32. Practising licence Section 32(1) A person shall not engage in the practice of engineering unless that person has been issued with a licence and has complied with the requirements of this Act. Section 32(2) A person applying for a licence shall be required to submit in the prescribed manner a certificate of continuing professional development issued by the Board, a statutory declaration confirming that no professional complaint has been made against him and pay a prescribed fee. Section 32(3) A licence issued under subsection (1) shall be valid for one year from the 1st of January to the 31st December of that particular year and may, upon expiry, be renewed. Section 32(4) The Registrar shall enter into the Register the date of issuance of a licence of every person licensed under this section. Section 32(5) A person who contravenes subsection (1) commits an offence.

Section 33. Renewal of licence Section 33(1) A person whose licence has not been renewed for a year or a longer period and who wishes to have it renewed may apply to the Board. Section 33(2)(a) an affidavit in a prescribed form explaining the reasons for non- renewal; Section 33(2)(b) licence fees for the current practising period and at the Board's discretion, any unpaid fees, including penalties as prescribed by the Board; and Section 33(2)(c) proof of fulfillment of all applicable conditions for renewal of a licence. Section 33(3) The Board may, with sufficient cause, refuse to issue or renew a licence and shall communicate the refusal and give reasons for such refusal to the applicant within twenty-one days of making the decision.

Section 34. No fees to be charged by unlicensed persons Section 34(1) A person shall not be entitled to recover a charge for professional engineering services unless that person is licensed under this Act. Section 34(2) A person who contravenes the provisions of subsection (1), commits an offence.

Section 35. Suspension of a licence Section an offence under this Act in relation to the licensee is being investigated;

Section 36. Cancellation of a licence Section is convicted of an offence under this Act or the rules made thereunder;

Section 37. Effect of removal of name, suspension or cancellation of a licence Section 37(1) A person whose name has been removed from the Register or whose licence issued under this Act has been suspended or cancelled shall not engage in the practice of engineering or offer professional engineering services or works during the duration of removal of name, suspension or cancellation of the licence. Section 37(2) Subject to subsection (3), 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 name immediately before the removal. Section 37(3) Subsection (2) shall not apply where a person's name has been removed from the Register at his request or with his consent. Section 37(4)(a) cause the removal from the Register to be confirmed and direct the surrender of the licence and certificate of registration within fourteen days after notification to that person by way of registered post; Section 37(4)(b) cause the name of the person to be restored on the Register; Section 37(4)(c) terminate the suspension of the registration; Section 37(4)(d) as the case may be, issue a new licence;...

Section 38. Publication upon cancellation, revocation etc of a licence Section The cancellation, revocation or withdrawal of a licence under this Act shall be published in the Kenya Gazette and a newspaper with a national circulation.

Section 39. Funds of the Board Section 39(1)(a) monies appropriated by Parliament for the purposes of the Board; Section 39(1)(b) the Engineers Training Levy Fund; Section 39(1)(c) donations, grants, loans or gifts made to the Board and approved by the Cabinet Secretary and the Cabinet Secretary for the time being responsible for matters relating to finance; Section 39(1)(d) monies and revenue earned from the activities of the Board under this Act; Section 39(1)(e) licence fees charged in accordance with this Act; and Section 39(1)(f) such sums as may in any manner become payable to or vested in the Board either under the provisions of this Act or any other written law. Section 39(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 40. Financial year Section The financial year of the Board shall be the period of twelve months ending on the 30th June in each year.

Section 41. Annual estimates Section 41(1) At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Board for that year. Section 41(2)(a) the payment of salaries, allowances and any other charges in respect of members and staff of the Board; Section 41(2)(b) the payment of pensions, gratuities and other charges in respect of members and other staff of the Board; Section 41(2)(c) the proper maintenance of the buildings and grounds of the Board; Section 41(2)(d) the maintenance, repair and replacement of equipment and other property of the Board; and Section 41(2)(e) funds to meet future or contingent liabilities in respect of retirement funds, insurance for replacement of buildings or equipment, or in respect of such matter as the Board may consider necessary. Section 41(3) The annual estimates shall be approved by the Board before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval and after approval, the Board shall not increase the annual estimates without the consent of the Cabinet Secretary.

Section 42. Accounts and audit Section 42(1) The Board shall cause to be kept proper books and other records of accounts of the income, expenditure and the assets of the Board. Section 42(2) The accounts of the Board shall be audited and reported upon in accordance with the provisions of the Public Audit Act (Cap. 412B).

Section 43. Investment of funds Section The Board may, subject to the approval of the Cabinet Secretary for the time being responsible for matters relating to finance, invest any funds not immediately required for its purposes, as it may determine.

Section 44. False registration or licensing Section 44(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 is liable on conviction to a fine of not more than one million shillings or to imprisonment for a term not exceeding five years, or both. Section 44(2) Where an offence under this section is committed by a legal person, that legal person shall be liable on conviction to a fine of not less than one million shillings. Section 44(3) 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 licence held.

Section 45. Professional misconduct Section 45(1)(a) deliberately fails to follow the standards of conduct and practice of the engineering profession set by the Board; Section 45(1)(b) commits gross negligence in the conduct of his professional duties; Section 45(1)(c) is not a holder of a licence; Section 45(1)(c)(i) is not a holder of a licence; Section 45(1)(c)(ii) is not in partnership with him; Section 45(1)(c)(iii) takes advantage of a client by abusing position of trust, expertise or authority; Section 45(1)(c)(iv) lacks regard or concern for client's needs or rights; or Section 45(1)(c)(v) shows incompetence or inability to render professional engineering services or works; Section 45(1)(d) knowingly submits a land survey, valuation or environmental impact assessment document prepared by a person who is not licensed to prepare such documents under any written law being in force. Section 45(2) A person who commits an offence under this section shall, after due process, be deregistered, or be suspended and have his name removed from the Register for such a period as the Board may determine.

Section 46. Offences by persons or training institutions Section admits into the institution under his charge any person for purposes of training in the engineering profession;

Section 47. Prohibition for the use of the term engineer by unregistered or unlicensed persons Section 47(1) The terms "engineer" and "engineers" are protected under this Act and shall only be applied to persons or bodies fulfilling the requirements of this Act. Section 47(2)(a) willfully and falsely takes or uses in any way the style or form or title of "engineer" or "engineers" in describing his occupation or his 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 "engineer" or "engineers"; or Section 47(2)(b) displays any sign, board, card or other device or uses a prescribed stamp representing or implying that he is an engineer, Section 47(3) The Board may however grant exemptions upon application to any person or group of persons for the use of the description or use of the term "engineer" or "engineers" and such exemptions shall be in accordance with any written International Convention or Treaty ratified by Kenya.

Section 48. Prohibition on provision of professional engineering services by body of persons Section 48(1) A body of persons shall not carry on the business of engineering unless one of its partners or directors, as the case may be, is a professional engineer. Section 48(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 for not more than six months as if the legal representatives were professional engineers and thereafter the body of persons shall cease to carry on the business of engineering unless it can demonstrate, through legally binding documents, that it has taken on board a professional engineer as a partner or director. Section 48(3) Any person who contravenes the provisions of this section commits an offence.

Section 49. Prohibition of employment of unregistered persons Section 49(1) A person shall not employ or continue to employ any person to offer professional engineering services or works if that person is not registered under this Act. Section 49(2) A person shall not take up or continue in any employment as a professional engineer or consulting engineer unless that person is registered as a professional engineer or consulting engineer. Section 49(3) An employer shall not employ or engage a graduate engineer in any work or professional engineering services or works unless that graduate engineer is under the supervision of a professional or consulting engineer. Section 49(4) A person who contravenes any provision of this section commits an offence.

Section 50. Restriction of the right to submit documents Section 50(1) The right of a registered or licensed person under this Act to submit plans, engineering surveys, drawings, schemes, proposals, reports, design or studies to any person or authority in Kenya is restricted to the right to submit such documents only in relation to the discipline of engineering in which that person including a professional engineer in an engineering consulting firm, is qualified as shown in the entries made in the Register. Section 50(2) A person who is not registered as a professional engineer or firm shall not be entitled to submit engineering plans, surveys, drawings, schemes, proposals, reports, designs or studies to any person or authority in Kenya. Section 50(3) A person who contravenes any provision of this section commits an offence.