Kenya Act or statute

Parliament of Kenya

Engineers Act

Jurisdiction: Kenya
Structure: 59 provisions
Citation: Cap. 530
Dates: As at 31 Dec 2022

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Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

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“This Act may be cited as the Engineers Act.”

This Act may be cited as the Engineers Act. This section provides definitions of key terms used in the Act, including roles like "Board", "Cabinet Secretary", and terms such as "engineer" and "consulting engineer". The conduct and regulation of the Board's business and affairs must be in accordance with the Schedule. Members (except ex officio) serve three-year terms and may be re-appointed once; a member may resign by written notice to the Cabinet Secretary. The section lists grounds for vacation of office such as repeated absence, conviction with imprisonment of six months or more, incapacity, ceasing to be registered, or being unfit to perform functions. The Board must pay its members remuneration or allowances as it may determine upon approval of the Salaries and Remuneration Commission.

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PRELIMINARY - 1. Short title

This Act may be cited as the Engineers Act.

Section 1

PROVISIONS RELATING TO REGISTRATION - 16. Qualifications for registration as Professional or Consulting engineers

Registration requires being registered as a graduate engineer and having obtained practical experience as prescribed under this Act.

Section 16

PROVISIONS RELATING TO REGISTRATION - 30. Publication of registration

The Registrar must publish annual particulars of all registered and validly licensed persons or firms in the Kenya Gazette; persons or firms with missing or incorrect register details must notify the Registrar within thirty days of the Gazette publication;…

Section 30

PROVISIONS RELATING TO OFFENCES AND PENALTIES - 45. Professional misconduct

Section 45 lists acts constituting professional misconduct for a person and states that a person who commits such an offence shall, after due process, be deregistered or suspended and have their name removed from the Register for a period determined by the…

Section 45

GENERAL PROVISIONS - 61. Act to supercede other Acts

This Act overrides any other Act on matters relating to the provision of professional engineering services.

Section 61

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Showing 59 of 59 provisions

Provision 37Offence 18Short titleInterpretation

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the Engineers Act.

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

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

This section provides definitions of key terms used in the Act, including roles like "Board", "Cabinet Secretary", and terms such as "engineer" and "consulting engineer".

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 structures, machines, apparatus, or manufacturing processes, or works utilizing them singly or in combination or to construct or operate the same with full cognizance of their design or to forecast their behavior under specific operating conditions or aspects of intended functions, economics of operation and safety to life and property; "engineering organization" means organization whose functions involve the planning, designing, processing and the delivery of engineering products and services; "firm" means engineering consulting firm registered under this Act; "foreign person" means a person who is not a citizen or a permanent resident of Kenya; "graduate engineer" means an engineer registered as such under section 18 of this Act; "licence" means an annual practising licence issued under section section 32 of this Act or a licence issued in another country and is recognized in Kenya; "Principal Secretary" means the Principal Secretary for the time being responsible for matters relating to a specified Ministry under this Act; "professional engineer" means a person registered as such under section 16 of this Act; "professional engineering services" means engineering services and advice in connection with any feasibility study, planning, survey, design, sketch, drawing, specifications, construction, commissioning, operation, maintenance, supply of specialized engineering equipment and management of engineering works or projects and includes any other engineering services approved by the Board; "professional engineering works" includes professional service, consultation, investigation, evaluation, planning, designing or responsibility for supervision of construction or operation and maintenance in connection with any public or privately owned public utilities, building, machines, equipment, processes, works or projects that requires application of engineering principles and data; "Register" means the Register of registered persons and firms kept by the Registrar in accordance with section 27 of this Act; and "Registrar" means the Registrar of the Board appointed under section 13(1) of this Act. Section 2(2) Spent.

Section 2Verify source

Part II

THE ENGINEERS BOARD OF KENYA

§ 10THE ENGINEERS BOARD OF KENYA - 10. Conduct of business and affairs of the BoardProvision

The conduct and regulation of the Board's business and affairs must be in accordance with the Schedule.

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 10Verify source

§ 11THE ENGINEERS BOARD OF KENYA - 11. Tenure and vacation of officeOffence

Members (except ex officio) serve three-year terms and may be re-appointed once; a member may resign by written notice to the Cabinet Secretary. The section lists grounds for vacation of office such as repeated absence, conviction with imprisonment of six months or more, incapacity, ceasing to be registered, or being unfit to perform functions.

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 11Verify source

§ 12THE ENGINEERS BOARD OF KENYA - 12. Remuneration of Board membersProvision

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

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 12Verify source

§ 13THE ENGINEERS BOARD OF KENYA - 13. Appointment of the RegistrarProvision

Creates a Registrar for the Board: the Board competitively recruits the Registrar; the Cabinet Secretary appoints them; the Registrar serves on terms the Board determines, is ex officio (no vote), is CEO responsible for day-to-day management subject to Board direction, and must meet specified qualifications.

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 13Verify source

§ 14THE ENGINEERS BOARD OF KENYA - 14. Functions of the RegistrarProvision

The Registrar must maintain the Register of persons registered in accordance with this Act.

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

Section 14Verify source

§ 15THE ENGINEERS BOARD OF KENYA - 15. Limitation of liabilityProvision

Members of the Board are not personally liable for Board acts or defaults done in good faith; the Board remains liable to pay compensation for injury or damage caused by its powers or failures.

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 15Verify source

§ 3THE ENGINEERS BOARD OF KENYA - 3. Establishment and incorporation of the BoardProvision

A board called the Engineers Board of Kenya is established.

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 3Verify source

§ 4THE ENGINEERS BOARD OF KENYA - 4. HeadquartersProvision

The Board must have its headquarters in Nairobi; the Board may establish branches in the Counties.

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

Section 4Verify source

§ 5THE ENGINEERS BOARD OF KENYA - 5. Membership of the BoardProvision

Section 5 lists who are members of the Engineers Board of Kenya and provides that the Chairperson shall be appointed by the Cabinet Secretary from among members appointed under paragraph (g).

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 Section 5(1)(g)(iv) two shall be from the private sector. Section 5(2) A person shall not be appointed a member of the Board under subsection (1)(g) unless that person is a registered professional engineer under this Act.

Section 5Verify source

§ 6THE ENGINEERS BOARD OF KENYA - 6. Object and purpose of the BoardProvision

The Board is responsible for registering engineers and firms, regulating engineering services, and setting standards and general practice for engineering.

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 6Verify source

§ 7THE ENGINEERS BOARD OF KENYA - 7. Functions and powers of the BoardProvision

Section 7 lists the functions and powers of the Board, including registering applicants, maintaining the Register, issuing licences, publishing registered persons, inspecting premises, suspending non‑compliant engineering works, setting standards and fees, enforcing a code of ethics, and establishing the Kenya Academy of Engineering and Technology.

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) enter and inspect business premises for verification purposes or for monitoring professional engineering works services and goods rendered by professional engineers; Section 7(1)(k) instruct, direct or order the suspension of any professional engineering services works, projects, installation process or any other engineering works, which are done without meeting the set out standards; Section 7(1)(l) approve and accredit engineering programs in public and private universities and other tertiary level educational institutions offering education in engineering; Section 7(1)(m) set standards for engineers in management, marketing, professional ethics, environmental issues, safety, legal matters or any other relevant field; Section 7(1)(n) prepare detailed curriculum for registration of engineers and conduct professional examinations for the purposes of registration; Section 7(1)(o) establish a school of engineering and provide facilities and opportunities for learning, professional exposure and skills acquisition, and cause continuing professional development programmes for engineers to be held; Section 7(1)(p) establish the Kenya Academy of Engineering and Technology whose purpose shall be to advise the National and the County Governments on policy matters relating to engineering and technology; Section 7(1)(q) plan, arrange, co-ordinate and oversee continuing professional training and development and facilitate internship of graduate engineers; Section 7(1)(r) collaborate with engineering training institutions, professional associations, engineering organizations and other relevant bodies in matters relating to training and professional development of engineers; Section 7(1)(s) determine the fees to be charged by professional engineers and firms for professional engineering services rendered from time to time; Section 7(1)(t) hear and determine disputes relating to professional conduct or ethics of engineers; Section 7(1)(u) develop, maintain and enforce the code of ethics for engineers and regulate the conduct and ethics of the engineering profession in general; Section 7(1)(v) determine and define disciplines of engineering recognised under this Act; Section 7(1)(w) conduct recruitment of staff of the Board through a competitive process; and Section 7(1)(x) carry out such other functions related to the implementation of this Act. Section 7(2) Where any conflict arises between the provisions of this section and the provisions of any other written law for the time being in force, the provisions of this section shall prevail.

Section 7Verify source

§ 8THE ENGINEERS BOARD OF KENYA - 8. Committees of the BoardProvision

The Board may form committees, appoint their chairpersons from among its members, may co‑opt external registered engineers into committees, and must ratify committees' decisions.

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 8Verify source

§ 9THE ENGINEERS BOARD OF KENYA - 9. Delegation by the BoardProvision

The Board has the power to delegate its functions or duties, by resolution, to committees, members, officers, employees or agents, subject to the Act.

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 9Verify source

Part III

PROVISIONS RELATING TO REGISTRATION

§ 16PROVISIONS RELATING TO REGISTRATION - 16. Qualifications for registration as Professional or Consulting engineersProvision

Registration requires being registered as a graduate engineer and having obtained practical experience as prescribed under this Act.

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 16Verify source

§ 17PROVISIONS RELATING TO REGISTRATION - 17. Application for registrationProvision

A person eligible under section 16 may apply to the Registrar, in a prescribed form and on payment of the prescribed fee, to be registered 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 17Verify source

§ 18PROVISIONS RELATING TO REGISTRATION - 18. Qualifications for registration as graduate engineerProvision

Registration as a graduate engineer requires holding a degree in engineering from a recognised university or other qualifications as the Board may determine.

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 18Verify source

§ 19PROVISIONS RELATING TO REGISTRATION - 19. Application for registrationProvision

A person eligible to be registered as a graduate engineer under this Act must apply to the Registrar.

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 19Verify source

§ 20PROVISIONS RELATING TO REGISTRATION - 20. Registration of an engineering consulting firmProvision

Sets registration requirements for an engineering consulting firm: holds business-name registration or incorporation certificate; has at least one registered consulting engineer with a valid licence; at least 51% of shares held by Kenyan citizens; and fulfills any other Board-stipulated conditions; the Board may register firms by category and discipline.

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 20Verify source

§ 21PROVISIONS RELATING TO REGISTRATION - 21. Application for registrationProvision

A person who wishes to register an engineering consulting firm may apply to the Registrar in a prescribed form and on payment of a prescribed fee to be registered under this Act.

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 21Verify source

§ 22PROVISIONS RELATING TO REGISTRATION - 22. Restrictions on registration of foreignersProvision

For registration of foreigners, that person must possess recognised engineering qualifications, have been practising as a professional engineer immediately before entering Kenya, and hold a valid licence.

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 22Verify source

§ 23PROVISIONS RELATING TO REGISTRATION - 23. Temporary registrationProvision

Temporary registration is available for non-resident professional engineers who meet eligibility conditions; applicants must apply in the prescribed form with the prescribed fee and provide documentary evidence, and the Board may grant registration (generally for up to one calendar year) and require appearances or extensions.

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 under this section are not available in Kenya, the Board shall notify the applicant and the applicant shall provide an undertaking that the locals shall be trained to fill the skills gap. Section 23(6) Subject to subsection (4), the Board may approve temporary registration for such period not exceeding one calendar year and may approve the extension of the renewal of such registration for the purpose of completing the works referred to in subsection (4). [ Act No. 18 of 2018 , Sch.]

Section 23Verify source

§ 24PROVISIONS RELATING TO REGISTRATION - 24. Accredited checkersProvision

The Board may register a person as an accredited checker (on application) with powers to review and verify a professional engineer's work; a person must not perform accredited checker functions under the Act unless registered by the Board.

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 24Verify source

§ 25PROVISIONS RELATING TO REGISTRATION - 25. Registration by the BoardProvision

Section 25 requires the Registrar to bring applications before the Board, the Registrar to communicate Board decisions to applicants within twenty one working days, the Board to issue sealed certificates after registration, allows the Board to issue other ID documents for specified periods, states certificates remain the Board's property, and allows the Registrar to furnish duplicates on payment of a fee set by the Board.

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 any other document has been lost, mutilated or destroyed, he may, upon payment of a fee set by the Board, from time to time, furnish a duplicate of the certificate of registration or any other document to the person to whom the original certificate of registration or documents were issued.

Section 25Verify source

§ 26PROVISIONS RELATING TO REGISTRATION - 26. Effect of registrationOffence

Registered professional or consulting engineers may use the titles "professional engineer" or "consulting engineer" and may offer engineering services subject to section 32; non-registered persons who use the title "engineer" commit an offence.

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 26Verify source

§ 27PROVISIONS RELATING TO REGISTRATION - 27. RegisterProvision

The Registrar must keep and maintain a Register of all registered persons or firms; the Board may prescribe the manner and direct other particulars; any person may inspect and obtain copies or extracts on payment of a prescribed fee.

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 27Verify source

§ 28PROVISIONS RELATING TO REGISTRATION - 28. Alteration of the RegisterProvision

The Registrar may alter Register entries; when notified, the Registrar must make corrections as soon as practical after authenticated notification.

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 28Verify source

§ 29PROVISIONS RELATING TO REGISTRATION - 29. Removal of persons from the RegisterProvision

Lists grounds for removal from the Register: being found of unsound mind; a firm that has ceased to practise; or a firm wound up by a court order.

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 29Verify source

§ 30PROVISIONS RELATING TO REGISTRATION - 30. Publication of registrationAmendment

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 30Verify source

§ 31PROVISIONS RELATING TO REGISTRATION - 31. Imposition of levyProvision

Registered engineers on the register must pay the Engineers Training Levy, at intervals annual or longer as the Board may allow; failure to comply makes an engineer ineligible to be issued with a licence.

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 31Verify source

Part IV

PROVISIONS RELATING TO LICENSING AND PRACTICE

§ 32PROVISIONS RELATING TO LICENSING AND PRACTICE - 32. Practising licenceOffence

You must not practice engineering unless you have been issued a licence and have complied with the Act.

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.

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§ 33PROVISIONS RELATING TO LICENSING AND PRACTICE - 33. Renewal of licenceOffence

A person whose licence has lapsed for at least a year may apply to the Board for renewal but must submit an affidavit, required fees (and any unpaid fees or penalties) and proof of meeting renewal conditions; the Board may refuse with sufficient cause and must notify the applicant with reasons within twenty-one days.

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.

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§ 34PROVISIONS RELATING TO LICENSING AND PRACTICE - 34. No fees to be charged by unlicensed personsOffence

Persons may not recover fees for professional engineering services unless they are licensed under this Act.

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.

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§ 35PROVISIONS RELATING TO LICENSING AND PRACTICE - 35. Suspension of a licenceOffence

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

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

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§ 36PROVISIONS RELATING TO LICENSING AND PRACTICE - 36. Cancellation of a licenceOffence

Licence may be cancelled when a person is convicted of an offence under this Act or the rules made thereunder.

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

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§ 37PROVISIONS RELATING TO LICENSING AND PRACTICE - 37. Effect of removal of name, suspension or cancellation of a licenceProvision

Persons removed from the Register or whose licence is suspended or cancelled must not practise or offer engineering services; the Registrar must notify removed persons by registered mail, except when removal is at their request or consent; the Registrar may confirm removal, direct surrender of licence/certificate within 14 days, restore names, terminate suspensions, issue new licences, and determine fees (including none or a fee not exceeding registration/issuance fee).

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; or Section 37(4)(e) without a fee; or Section 37(4)(e)(i) without a fee; or Section 37(4)(e)(ii) on payment of such fee not exceeding the fee chargeable upon registration or issuance of a licence,

Section 37Verify source

§ 38PROVISIONS RELATING TO LICENSING AND PRACTICE - 38. Publication upon cancellation, revocation etc of a licenceProvision

When a licence is cancelled, revoked or withdrawn under this Act, the cancellation, revocation or withdrawal must be published in the Kenya Gazette and in a newspaper with national circulation.

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.

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Part V

FINANCIAL PROVISIONS

§ 39FINANCIAL PROVISIONS - 39. Funds of the BoardProvision

Section 39 lists the Board's funds (Parliament appropriations; Engineers Training Levy Fund; approved donations/grants/loans/gifts; revenues from Board activities; licence fees; other sums under this or any written law) and provides that Board expenditure in exercising its powers or performing its functions shall be paid out of those funds.

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.

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§ 40FINANCIAL PROVISIONS - 40. Financial yearProvision

The Board's financial year is the twelve‑month period ending on 30th June each year.

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.

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§ 41FINANCIAL PROVISIONS - 41. Annual estimatesCommencement

The Board must prepare annual revenue and expenditure estimates at least three months before each financial year, approve them before the year starts, submit them to the Cabinet Secretary for approval, and may not increase them after approval without the Cabinet Secretary's consent.

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.

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§ 42FINANCIAL PROVISIONS - 42. Accounts and auditProvision

The Board must keep proper books and other records of account for its income, expenditure and assets.

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).

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§ 43FINANCIAL PROVISIONS - 43. Investment of fundsProvision

The Board may invest funds not immediately required for its purposes, subject to the Cabinet Secretary for finance's approval.

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.

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Part VI

PROVISIONS RELATING TO OFFENCES AND PENALTIES

§ 44PROVISIONS RELATING TO OFFENCES AND PENALTIES - 44. False registration or licensingOffence

It is an offence to procure registration or licensing by making false or fraudulent representations; convicted individuals face a fine up to one million shillings or up to five years imprisonment (or both), legal persons face a fine of not less than one million shillings, and the Registrar must remove and cancel registrations or licences of those convicted.

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.

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§ 45PROVISIONS RELATING TO OFFENCES AND PENALTIES - 45. Professional misconductOffence

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.

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§ 46PROVISIONS RELATING TO OFFENCES AND PENALTIES - 46. Offences by persons or training institutionsOffence

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;

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§ 47PROVISIONS RELATING TO OFFENCES AND PENALTIES - 47. Prohibition for the use of the term engineer by unregistered or unlicensed personsOffence

The terms "engineer" and "engineers" are protected and may only be used in accordance with this Act; the Board may grant exemptions for use of the description upon application and subject to written international conventions or treaties ratified by Kenya.

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.

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§ 48PROVISIONS RELATING TO OFFENCES AND PENALTIES - 48. Prohibition on provision of professional engineering services by body of personsOffence

Bodies of persons may not carry on engineering business unless a partner or director is a professional engineer; limited temporary continuation is allowed on a partner/director's death for up to six months, and contravention is an offence.

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.

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§ 49PROVISIONS RELATING TO OFFENCES AND PENALTIES - 49. Prohibition of employment of unregistered personsOffence

People must not employ unregistered persons to provide professional engineering services; people must not work as professional or consulting engineers unless registered; employers must not let graduate engineers work without supervision by a professional or consulting engineer.

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.

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§ 50PROVISIONS RELATING TO OFFENCES AND PENALTIES - 50. Restriction of the right to submit documentsOffence

Only persons registered or licensed in the specific engineering discipline shown on the Register may submit engineering documents in Kenya; unregistered persons or firms are not entitled to submit such documents and contravention is 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.

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§ 51PROVISIONS RELATING TO OFFENCES AND PENALTIES - 51. Practising without licenceOffence

A person must not practise engineering or charge professional fees without a valid licence issued by the Board; doing so is an offence.

Section 51. Practising without licence Section A person who engages in practice of engineering or charges a professional fee without a valid licence issued by the Board commits an offence and shall be liable on conviction to a fine not exceeding two million shillings or to imprisonment for a term not exceeding five years, or both.

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§ 52PROVISIONS RELATING TO OFFENCES AND PENALTIES - 52. Obstruction of officers of the BoardOffence

Any person who obstructs or hinders, or knowingly makes false or misleading statements to Board members or agents carrying out duties under this Act commits an offence.

Section 52. Obstruction of officers of the Board Section Any person who obstructs or hinders, or knowingly makes false misleading statement to any member, officer, servant or agent of the Board who is carrying out duties under this Act, commits an offence.

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Part VII

COMPLAINTS AND DISCIPLINE BY THE BOARD

§ 53COMPLAINTS AND DISCIPLINE BY THE BOARD - 53. Complaints and disciplinary proceedings by the BoardOffence

Sets procedures for complaints and disciplinary proceedings by the Board, including making complaints, powers of inquiry, offences for non-compliance, disciplinary sanctions (removal, warning, cancellation or suspension of licence, fines), surrender of certificates, and procedural conditions for cancellation.

Section 53. Complaints and disciplinary proceedings by the Board Section 53(1) A person who being dissatisfied with any professional engineering 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 a prescribed manner, a written complaint to the Board. Section 53(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 own choice. Section 53(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 53(4) A person who fails when summoned by the Board to attend as witness or to produce any books or documents which he is required to produce, commits an offence. Section 53(5) Subject to this section and rules of procedure made under this Act, the Board may regulate its own procedure in disciplinary proceedings. Section 53(6)(a) convicted of an offence under this Act or under any other law punishable by imprisonment, the commission of which, in the opinion of the Board, has dishonored him in the public estimation; or Section 53(6)(b) guilty of negligence or malpractice in respect of his profession; or Section 53(6)(c) direct the removal of such person's name from the Register; Section 53(6)(c)(i) direct the removal of such person's name from the Register; Section 53(6)(c)(ii) issue a written warning or reprimand; Section 53(6)(c)(iii) cancel such person's licence; or suspend such person's licence or registration for a period not exceeding two years or impose a fine, for a natural person, not exceeding two hundred and fifty thousand shillings and, for a legal person, a fine of three million shillings. Section 53(7) A person whose name has been removed from the Register or whose licence has been cancelled or suspended under the provisions of this Act shall surrender his certificate of registration or the licence to the Registrar. Section 53(8) A person who fails to surrender the licence as required under subsection (7) commits an offence and is liable on conviction, in case of a natural person, to a fine of fifty thousand shillings and, in case of a legal person, to a fine of one hundred thousand shillings. Section 53(9) The power to direct the removal of the name of a person from the Register or to cancel that person's licence shall include the power exercisable in the same manner to direct that during such period as may be specified in the order, the registration of that person's name in the Register or the licence issued to the person shall not have effect. Section 53(10) The provisions of this section, in so far as they relate to cancellation or suspension of licences, shall be in addition to and not in derogation of the provisions of section 29 . Section 53(11)(a) at least two thirds of the members of the Board so decide; Section 53(11)(b) the Board has given the licensee at least twenty one calendar days notice of its intention to cancel a licence; and Section 53(11)(c) it has provided the licensee with an opportunity to make representation to the Board.

Section 53Verify source

§ 54COMPLAINTS AND DISCIPLINE BY THE BOARD - 54. AppealsProvision

A person aggrieved by a Board decision may, within thirty days of that decision, appeal to the High Court; the High Court may annul or vary the decision.

Section 54. Appeals 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 and in any appeal the High court may annul or vary the decision as it may consider necessary.

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Part VIII

GENERAL PROVISIONS

§ 55GENERAL PROVISIONS - 55. General provision in relation to exemptionsProvision

A person practising as an engineer must not enter into partnership with persons not registered in accordance with this Act.

Section 55. General provision in relation to exemptions Section enter for the purpose of or in the course of practising as an engineer, into partnership with other persons not registered in accordance with this Act;

Section 55Verify source

§ 56GENERAL PROVISIONS - 56. Legal proceedingsProvision

A copy or extract taken from the Register kept or published by the Registrar and certified as a true copy or extract is admissible as prima facie evidence of the Register's contents.

Section 56. Legal proceedings Section 56(1) In any legal proceedings, a document meant to be a copy of an extract from the Register kept or published by the Registrar, and taken to be certified from the Register to be a true copy or extract, shall be admissible as prima facie evidence of the contents of the Register. Section 56(2)(a) produce the Register if its contents can be proved under this Act; or Section 56(2)(b) appear as a witness to prove any entry in the Register, of the matters recorded in the Register without a court order.

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§ 57GENERAL PROVISIONS - 57. General penaltyOffence

A person who commits an offence under this Act for which no specific penalty is provided is liable to a fine of not less than five hundred thousand shillings or to imprisonment for a term not exceeding two years, or both.

Section 57. General penalty Section A person who commits an offence under this Act for which no specific penalty is provided for is liable to a fine of not less than five hundred thousand shillings or to imprisonment for a term not exceeding two years, or both.

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§ 58GENERAL PROVISIONS - 58. RulesProvision

This section prescribes the form and method for keeping the Register under the Act.

Section 58. Rules Section prescribe the form and method of keeping the Register under this Act;

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§ 61GENERAL PROVISIONS - 61. Act to supercede other ActsProvision

This Act overrides any other Act on matters relating to the provision of professional engineering services.

Section 61. Act to supercede other Acts Section This Act shall supercede any other Act on all matters relating to provision of professional engineering services.

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Legislative relationships

7 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

5 instruments

Board appointed under section 13(1) of this Act
Section 2
Board shall be audited and reported upon in accordance with the provisions of the Public Audit Act
Section 42
Board under subsection (1)(g) unless that person is a registered professional engineer under this Act
Section 5
Board under this Act
Sections 9, 39, 54
Board who is carrying out duties under this Act
Section 52

N–S

2 instruments

Register. Section 56(2)(a) produce the Register if its contents can be proved under this Act
Section 56
Registrar The Registrar must maintain the Register of persons registered in accordance with this Act
Section 14

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