Engineering Technology Act

The Act's short title is the Engineering Technology Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Board" means the Kenya Engineering Technology Registration Board established under section 3 ; "Cabinet Secretary" means the Cabinet Secretary for the

The Registrar must, subject to the Board's direction, be responsible for the day-to-day management of the Board's affairs and staff.

The Board may appoint officers and other staff by a competitive process and determine their terms and conditions of service.

The Board may, by resolution, delegate any of its powers, functions or duties to a committee or to a member, officer, employee or agent of the Board.

Members of the Board and its officers, employees, agents or servants are not personally liable for acts or omissions done bona fide in executing functions, powers or duties under the Act; however, the Board remains liable to pay compensation for injuries or property/interests damage caused by exercise of powers or failure of works.

The Board must keep the common seal in custody as it directs; affixing the seal is to be authenticated by the Chairperson and the Registrar signing; if either is absent in a matter the Board must nominate a member to authenticate the seal.

Establishes the Kenya Engineering Technology Registration Board and grants it powers including suing and being sued; acquiring and disposing of movable and immovable property; borrowing or investing money; entering into contracts; and performing other acts for proper performance of its functions.

Section 4 sets out the Board's composition (including a Chairperson appointed by the Cabinet Secretary and the Registrar) and that members (other than ex officio) serve three-year terms and may be re-appointed for one final three-year term; members may resign by written notice to the Chairperson and specified conditions (e.g., absence, bankruptcy, conviction, prolonged illness) are listed as disqualifying events.

The Board has the function of issuing licences to qualified persons under this Act.

The Board has the power to enter into contracts.

Section 7 requires that the conduct and regulation of the Board's business and affairs follow the Schedule; and, except where the Schedule provides otherwise, the Board may regulate its own procedure.

The Salaries and Remuneration Commission must determine the remuneration payable to members of the Board.

Establishes a Registrar appointed by the Cabinet Secretary on the Board's recommendation; the Registrar is the CEO and Secretary to the Board, is an ex officio Board member and has no right to vote.

Registration is required to practice in any of the listed categories; consulting practice requires registration in consulting engineering technologist; candidate registrants must work under supervision.

A person intending to apply for registration in the engineering technology profession may apply in the prescribed form to the Board; the application form must be accompanied by the prescribed fee and applicants must meet Board-determined competence and examination or experience criteria (including at least five years' practice or other Board-determined period).

The Board must provide an applicant with a notice of refusal; the Board must take cognizance of prevailing circumstances in a foreign country relating to a conviction.

Sets qualification requirements for registration as candidate engineering technologist, candidate engineering technician, and for higher qualifications including Master’s degree and experience/competence standards; requires persons referred to be Kenyan citizens or permanent residents.

Sets conditions and application requirements for registration of engineering technology consulting firms, including shareholding, qualified registered technologist, required documents and prescribed fee; the Board may register firms by category and require further information or interviews.

Private practice contrary to this section is an offence punishable by a fine up to one million shillings or imprisonment up to five years, or both.

Foreign applicants for registration must meet specified qualifications and licensing requirements (for individuals) or incorporation and Kenyan majority ownership requirements (for firms); if subsection (1) conditions are not met, the applicant may be considered for temporary registration under section 22.

Temporary registration allows non‑ordinary residents with recognized qualifications and recent practice abroad to be temporarily registered for specified work; applications must follow the prescribed manner and fee, the Board may require appearance and documentary evidence, and the Board may grant registration up to one calendar year and renew it.

Sets who must process registration applications, when applicants must be registered if accepted, how decisions are communicated (by Registrar within twenty one working days), issuance of certificates by the Board, Board ownership of such documents, and replacement duplicates on payment of a Board-set fee.

Registered persons may use the titles "Professional Engineering Technologist" or "Consulting Engineering Technologist" and may offer engineering technology professional services subject to registration and section 33.

The Registrar must keep and maintain a register and enter the names of persons entitled to registration as soon as practicable after Board acceptance; the Board may direct particulars and prescribe the manner of keeping the register; any person may inspect or obtain copies on payment of a prescribed fee.

Removes a name from the register when the person is deceased, found to be of unsound mind, or the firm has ceased to practice or has been wound up by a court order.

The Registrar must publish in the Kenya Gazette by 31 March each year the particulars of all registered and validly licensed persons or firms and their registration categories.

Persons must not practice engineering technology unless licensed; applicants must submit specified documents and pay a fee; the Registrar must record license issuance dates.

A person whose licence has not been renewed for a year or longer may apply to the Board to have it renewed; the Board may refuse with sufficient cause and must communicate the refusal and give reasons to the applicant within twenty-one days. Applications are to include an affidavit, applicable fees and proof of fulfilment of conditions.

Cancellation, revocation or withdrawal of a licence under this Act must be published in the Kenya Gazette and in at least one newspaper with a national circulation.

A person may not recover a charge for engineering technology professional services unless they are licensed under this Act.

Suspension of a licence where an offence in relation to the licensee is being investigated.

Persons removed from the register or whose licence is suspended or cancelled may not practise or offer engineering technology services while removed, suspended or cancelled.

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

The Board may receive funds from donations, grants, loans, gifts approved by the Cabinet Secretary, and fees or assets that accrue or vest in the Board; Board expenditures shall be paid out of the Board's funds.

The Board's financial year is a twelve-month period ending on the thirtieth June each year.

The Board must cause annual estimates of revenue and expenditure to be prepared at least three months before each financial year and those estimates must provide for specified payments, maintenance, replacements and reserve funds; the Board may deem appropriate the creation of certain reserve funds.

The Board must keep proper accounting records, prepare an annual income and expenditure statement and a year-end balance sheet, and have its accounts audited under the Public Audit Act (Cap. 412B).

The Board may invest its funds in specified securities approved for trustees or by the Cabinet Secretary, and may deposit money not immediately required with banks it chooses.

It is an offence for a person to procure or attempt to procure registration or licensing under this Act by making false or fraudulent representations or declarations; on conviction the person may be fined up to five hundred thousand shillings or imprisoned for up to two years, or both. The Registrar must remove from the register and cancel the licence of anyone convicted under this section.

Deliberately failing to follow the standards of conduct and practice of the engineering technology profession set by the Board is professional misconduct.

Admit to the institution under his or her charge any person for purposes of training in the engineering technology profession.

Using or representing oneself as an "Engineering Technologist" when not entitled is an offence; people who used the title before the Act must stop unless registered or licensed; the Board may grant exemptions in line with recognised international accords.

A body of persons must not carry on engineering technology business unless one of its partners or directors is a professional engineer technologist; if such a partner or director dies the body may continue the business until the deceased's estate administration is completed, treated as if the deceased's legal representative were a professional engineer technologist.

Sets how complaints to the Board are made and handled, including the right to be heard, the Board's powers in inquiries and disciplinary sanctions (removal, warning, cancellation, suspension, fines), obligations to surrender certificates and offences for non‑compliance.

The Tribunal includes a person who specializes in the professional field relating to the complaint for which the Tribunal is formed.

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

Section 47 makes certified copies of register entries admissible as prima facie evidence of the register's content and sets out that the register may be produced or a person may appear to prove entries.

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