Engineers Rules, 2019

Section 1. Citation Section These Rules may be cited as the Engineers Rules, 2019.

Section 2. Interpretation Section In these Rules unless the context otherwise requires— "academic award" means any certificate, diploma, degree in engineering and/or its equivalent which is recognized by the Board for registration; "Act" means the Engineers Act, 2011; "continuing professional development" means systematic maintenance, improvement and broadening of knowledge and skills, and the development of personal qualities necessary for the execution of professional and technical duties throughout one's working life; "examination" means professional training report, professional interview or professional examination or a combination thereof; "foreign person" has the same meaning as under section 2 , section 22 and 23 of the Act and includes engineering consulting firm; "professional award" means any certificate issued by an engineering professional body which is recognized by the Board as furnishing sufficient guarantee of professional experience in engineering; "professional development unit" means a unit of measure for effort invested in continuing professional development; "relevant authority" means the Engineers Board of Kenya, National Construction Authority, Institution o...

Section 3. Registration as a professional or consulting engineer Section 3(1)(a) submit an application for registration in FORM EBK1 set out in the First Schedule; Section 3(1)(a)(i) submit an application for registration in FORM EBK1 set out in the First Schedule; Section 3(1)(a)(ii) provide certified copies of certificates and such other documents as are necessary to prove qualification for registration under section 16(a) of the Act; Section 3(1)(a)(iii) demonstrate achievement of practical experience in engineering field for a period of not less than three years as a graduate engineer; and Section 3(1)(a)(iv) undertake such professional examinations as the specified in the Second Schedule. Section 3(1)(b) submit an application for registration in FORM EBK 2 set out in the First Schedule; Section 3(1)(b)(i) submit an application for registration in FORM EBK 2 set out in the First Schedule; Section 3(1)(b)(ii) provide certified copies of certificates and such other documents as are necessary to prove qualification for registration under section 16(b) of the Act; Section 3(1)(b)(iii) demonstrate the achievement of practical experience as a registered professional engineer for a pe...

Section 4. Registration as a Graduate Engineer Section 4(1)(a) submit an application for registration in FORM EBK 3 set out in the First Schedule; Section 4(1)(b) provide certified copies of degree certificates or its equivalent from a recognized university; and Section 4(1)(c) provide proof of Kenyan citizenship or Permanent residence of Kenya. Section 4(2) The application for registration and all certificates and such other documents submitted for the purposes of registration shall be in English and where applicable, all translations shall be in English and by competent authorities.

Section 5. Engineering consulting firm Section 5(1)(a) submit an application for registration in FORM EBK 4 set out in the First Schedule; Section 5(1)(b) provide certified copies of such documents as are necessary to prove qualification for registration under section 21 (a) and (b); Section 5(1)(c) provide proof that object of the firm must be consulting engineering services; Section 5(1)(d) provide proof of citizenship of the shareholders or partners; Section 5(1)(e) provide certified copies of PIN, VAT and valid Tax compliance certificates of the firm; and Section 5(1)(f) provide evidence of existence of a bank account in the name of the firm. Section 5(2)(a) proof that the sole proprietor is a licensed consulting engineer; and Section 5(2)(a)(i) proof that the sole proprietor is a licensed consulting engineer; and Section 5(2)(a)(ii) a copy of proof the registration certified by the Registrar-General of the Business Registration Service. Section 5(2)(b) a copy of proof the registration certified by the Registrar-General of the Business Registration Service; Section 5(2)(b)(i) a copy of proof the registration certified by the Registrar-General of the Business Registration Servic...

Section 6. Temporary registration Section 6(1) A foreign person who wishes to register as a temporary professional engineer under section 23 of the Act shall submit an application for registration in FORM EBK 5 set out in the First Schedule. Section 6(2)(a) proof of registration as a professional engineer from the country where he practices engineering; Section 6(2)(b) a certified copy of valid practicing license and valid professional membership from the country of origin; Section 6(2)(c) proof of previous professional engineering services rendered or works done and completed in the past three years; Section 6(2)(d) a letter of recommendation from the employer clearly stating the specific project the engineer seeks to offer services and the duration of such services; and Section 6(2)(e) a detailed career report on professional practice stating engineering services provided and client details.

Section 7. Renewal of temporary registration Section 7(1) At least three months before the expiry of a temporary registration, a foreign person may apply for the renewal of temporary registration in the prescribed form. Section 7(2)(a) a copy of the current practicing licence issued by the Board; Section 7(2)(b) an employment contract for the period for which a renewal is sought; Section 7(2)(c) proof that the applicant has maintained a good standing as a foreign person engineer or firm; Section 7(2)(d) proof of skills transfer to local engineers where such requirement formed basis of registration; Section 7(2)(e) the fees prescribed in the Third Schedule.

Section 8. Accredited checker Section 8(1) A person who wishes to register as an accredited checker under section 24 of the Act shall submit an application for registration in FORM EBK 6 set out in the First Schedule. Section 8(2)(a) an updated detailed curriculum vitae; and Section 8(2)(b) certified copies of certificates and other relevant documents as are necessary to prove qualification for registration under section 24(2) of the Act. Section 8(3) A person registered as an accredited checker shall have the powers to evaluate, analyze and review the engineering designs and perform such original calculations with a view to determining the adequacy of the design and compliance with safety requirements. Section 8(4)(a) codes of practice used for the works being checked; Section 8(4)(b) standards and specifications of materials adopted for the works; Section 8(4)(c) analysis of the safety features checked; Section 8(4)(d) observations or suggestions for amendments or alternative solutions on designs consistent with his terms of reference and applicable standards, codes, and local by-laws and regulations; and Section 8(4)(e) any other engineering detail that might have a bearing on t...

Section 9. Application for registration Section 9(1) The application for registration and all certificates and such other documents submitted for the purposes of registration shall be in English and where applicable, all translations shall be in English and by competent authorities. Section 9(2) An application under these Regulations shall be accompanied by the application fees prescribed in the Third Schedule. Section 9(3) The Board may, while processing an application, require an applicant to submit original certificates or documents for authentication. Section 9(4) The Board may require an applicant to furnish such further information or evidence of eligibility for registration as it may specify. Section 9(5) The Board may require the applicant to attend in person for the evaluation to determine the standards of competence. Section 9(6) The Board shall determine applications under this regulation based on the evaluation criteria determined by the Board. Section 9(7) The Board shall recognize professional registration by a foreign body with which the Board has a mutual recognition agreement.

Section 10. Identification documents on Registration by the Board Section 10(1) The Board shall issue every registered professional engineer consulting engineer with a practicing identity card. Section 10(2) Every professional or consulting engineer shall carry the practicing identity card issued under paragraph (1) when practicing and produce it to the Registrar or his designated persons upon request and in any case not later than twenty-four hours after the requirement. Section 10(3) A practicing identity card issued under paragraph (1) shall be valid for a period of three years. Section 10(4) The Board shall, issue an official rubber stamp to every professional and consulting engineer registered under the Act on payment of the fees prescribed in the Third Schedule. Section 10(5) The rubber stamp issued under paragraph (4) shall be used for approving or certifying engineering documents including design calculations, drawings, technical reports and other engineering documents. Section 10(6) A professional engineer or a consulting engineer shall sign and date and affix the rubber stamp issued under paragraph (4) on any approval or certification given by the professional engineer or...

Section 11. Loss, destruction or mutilation of documents Section 11(1) The holder of a certificate of registration or a practicing licence or any other document issued by the Board shall notify the Board, as soon as is practicable, of the loss, destruction or mutilation of the certificate of registration or a practicing licence or any other document. Section 11(2) Where a registration certificate or practicing licence has been defaced or become obliterated, no duplicate shall be issued unless the original is returned to the Registrar. Section 11(3)(a) the submission of a police loss report and; Section 11(3)(b) the payment of the prescribed fees.

Section 12. Renewal of Licence Section A person who wishes to renew a licence shall apply to the Board for renewal of the licence.

Section 13. Annual subscription fees Section 13(1) Every person registered under the provisions of the Act shall be required to pay the annual licence fees prescribed in the Third Schedule on 1st January of every calendar year. Section 13(2) The Board shall impose a five per cent penalty for every calendar month on outstanding annual licence fees for a licence which has not been renewed for a year or longer.

Section 14. Complaints and disciplinary proceedings Section 14(1) A person who wishes to make a complaint in accordance with section 53(1) of the Act against a professional engineer, consulting engineer or an engineering consulting firm shall make the complaint in writing to the Registrar, who shall then refer that complaint to the Board. Section 14(2) Where the Board has received a complaint under paragraph (1) and is satisfied that there may be sufficient grounds for the complaint, it shall establish, an ad hoc Inquiry Committee, to investigate the complaint. Section 14(3)(a) three consulting engineers with adequate expertise in the area of inquiry, appointed by the Board; Section 14(3)(b) two Consulting Engineers nominated by Institution of Engineers of Kenya with expertise in the area of inquiry; and Section 14(3)(c) secretary to the Inquiry Committee appointed by the Registrar who shall be an ex official member. Section 14(4)(a) the complaint against the professional engineer, consulting engineer or engineering consulting firm; Section 14(4)(b) that the professional engineer, consulting engineer or engineering consulting firm may be required to attend and give evidence before...

Section 15. Reinstatement to the register Section 15(1) Any engineer or engineering consulting firm practice whose name has been removed from the Register pursuant to an order of the Disciplinary Committee or Board under section 53(6)(c)(i) who appeals shall, if the appeal is allowed under section 54, forthwith be reinstated in the Register and be issued with a certificate of registration by the Registrar. Section 15(2)(a) after making an application for reinstatement and pay the fees prescribed in the Third Schedule and penalties, where applicable; and Section 15(2)(b) upon satisfying such conditions as may be determined by the Board. Section 15(3) The Registrar shall, in so far as is practicable, bring every application for reinstatement before the Board for its consideration at its first meeting after receiving the application. Section 15(4) Any person whose name has been removed from the Register pursuant to an order of the Board under subsection 53(6)(c)(i) and who has not appealed against that order or whose appeal has been dismissed, may apply for reinstatement in the Register after the expiration of not less than six months from the date of the order of removal or cancellat...

Section 16. Evaluation of foreign awards Section 16(1)(a) certificates from institutions and programmes accredited by relevant academic accreditation institutions; Section 16(1)(b) foreign awards, degree or program recognized by academic accreditation bodies in the country of origin; or Section 16(1)(c) certificates from institutions offering engineering training programmes. Section 16(2)(a) original certificates and academic transcript; Section 16(2)(b) copies of the detailed program curriculum, handbook or courses' outlines. Section 16(3) The Board shall undertake evaluation of the awards using such evaluation methods and tools of set by the Board. Section 16(4) The outcome of the evaluation shall determine whether an award, degree or program shall be recognized by the Board.

Section 17. Accreditation of engineering programs Section Pursuant to the provisions of section 7(1)(1) of the Act, the Board shall carry out accreditation and approval of engineering programs in Kenya in accordance with the Fourth Schedule.

Section 18. Continuing Professional Development for engineers Section Pursuant to section 7(1)(o) of the Act the Board shall cause Continuing Professional Development for engineers to be held in accordance with the Fifth Schedule.

Section 19. Conduct of professional examinations for engineers Section 19(1) Pursuant to section 7(1)(n) of the Act, the Board shall conduct professional examinations for engineers in accordance with the Second Schedule. Section 19(2) The Board shall conduct professional examination through such panels as may be established and constituted by the Board from time to time. Section 19(3) A person who wishes to take professional examinations shall apply in writing and pay application and professional examination fees prescribed in the Third Schedule.

Section 20. Notification of change of address Section A Registered engineer or firm shall, within one month of any change of postal and physical address as entered in the Register, notify the Registrar, in writing, of such change.

Section 21. Code of ethics and conduct for engineers Section 21(1) Every engineer shall to adhere and uphold the code of ethics and conduct for engineers as provided under the Sixth Schedule. Section 21(2) Every engineer shall, upon registration, make an undertaking to adhere and uphold the code of ethics and conduct for engineers.

Section 22. Fees charged for professional services Section The engineers and engineering consulting firms registered under the Act shall charge such fees, for engineering services rendered, as shall be determined by the Board from time to time.

Section 23. Format of the Register Section 23(1)(a) gender; and Section 23(1)(b) Identity Card Number or Passport Number. Section 23(2) Pursuant to section 27(1) the Board shall maintain an electronic Register with a back-up hard copy of the Register in the Parts set out in the Seventh Schedule.

Section 24. General penalty Section A person who commits an offence under these Rules to the Engineers Act, 2011 for which no specific penalty is provided for is liable to a fine of not exceeding twenty thousand shillings or such term of imprisonment for a term not exceeding six months, or both.

Section 25. Revocation (L.N. 196/1971) Section The Engineers Registration Regulations, 1971 and Gazette Notices 5720/2004 and 5721/2004 are revoked.