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.

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.

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

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.

A board called the Engineers Board of Kenya is established.

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

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).

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

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.

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.

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

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

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.

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

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

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.

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.

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.

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.

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 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.

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.

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.

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

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.

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; the Registrar must publish corrected particulars after notification.

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.

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

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.

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

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

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

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).

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 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.

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

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.

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

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

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 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 Board.

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;

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.

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.

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.

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.

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

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.

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.

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.

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

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.

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.

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

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