PRESENTATION ON THE ENGINEERS BILL, 2011 TO THE MOMBASA POLYTECHNIC UNIVERSITY COLLEGE ENGINEERING STUDENTS VENUE: DATE : ASSEMBLY

HALL, MOMBASA 27/07/2011 BY

Eng. Gilbert M. Arasa , OGW REGISTRAR KENYA ENGINEERS REGISTRATION BOARD

Objectives of the Presentation At the end of the session, the participants should; Be able to appreciate the need for regulating the engineering profession. Be able to discuss the salient features of the Engineers Bill, 2011. Outline of the presentation I.Regulating professions Meaning of regulation The need for regulating professions II. Regulation of Engineering profession in Kenya The Engineers Registration Act Cap. 530 Inadequacies of Cap. 530

III. The Engineers Bill, 2011 Background of the Bill Advantages of the Bill Responsibilities of the ERB Functions and powers of the ERB Provisions on registration Professional Engineers Consulting Engineers Graduate Engineers Engineering Consulting Firms Foreigners Accredited Checker Provisions on licensing and practice Provisions on offences and penalties

I. REGULATING PROFESSIONS What is regulation? It is the act of: Controlling or directing according to rule. Bringing into uniformity or making regular. Why regulate? Professions are regulated in order: To ensure and maintain control in terms of quality and or quantity. To promote public welfare by safeguarding life, health and property, To protect the public from harm by unqualified practitioners; Provide uniformity in content, practice, procedures

II. REGULATION OF THE ENGINEERING PROFESSION IN KENYA The Engineers Registration Act Cap. 530 of 1969 Engineering profession in Kenya is currently governed by the provisions of the Engineers Registration Act. Cap. 530 of 1969. The ERB is the implementer of the Act. The Act empowers the Board to among others approve and accredit undergraduate engineering programmes. Inadequacies of the Act The Act is quiet on the participation of the Board on the development of the programmes. As such, the programmes: -Heavily borrow from each other but are assigned different programme names.

-Developed with very little involvement of the engineers Registration Board and the industry. -Are developed without corresponding development of the training infrastructure manpower. -The curriculum submitted in many instances is in adequate, lacking in fundamental/core engineering content. Most lecturers in core areas of these programmes are not registered with the Board and their competence of offering such training cannot be assured. There is little emphasis if any on the Continuing Professional Development (CPD) for engineers. There has been very slow skill upgrading of the lecturers as majority stop at Msc level and do not interact with the Board or industry to align their teaching to the current industrial needs. This situation made the Board initiate a move to repeal the Act

III. THE ENGINEERS BILL, 2011 1.Background to the Bill The process of developing Bill to repeal Cap. 530 started as early as 2005. On 6th August, 2009 the Board held one day Workshop for all Vice Chancellors, Deans of the Faculties of Engineering, officials the MHEST, the Commission for Higher Education and other stakeholders at the Kenya School of Monetary Studies. From 21st 28th September, 2009, the Board met and held consultations with senior officials from each individual university together with the MHESTofficials. Thereafter the Board requested the AG to draft the Bill which was regularly updated to reflect the emerging views of stakeholders.

The Minister signed the Bill on 1st July, 2011, and transmitted the same to the Attorney General for publication. On 2nd March, 2011, the Board held one day Workshop at the Kenya School of Monetary Studies to inter-alia sensitize the engineering fraternity of the provisions of Bill 2011. 2. Advantages of the Bill Seeks to repeal the Engineers Act Cap 530 of the laws of Kenya passed in 1969. Introduces more stringent regulation of engineering professional training and practice. Makes mandatory continuing professional development for engineers. Provides for establishment of scales of fees for engineering professional services. Promotes research in engineering matters.

-Promotes ethical practices and good governance in engineering works and services. -Provides clear conditions for registration of consulting engineering firms. Implementing Body : The ERB. 3. Responsibilities of ERB Sn. 6 of the Bill. The Board shall be responsible for: Registration of Engineers and Firms; Regulation of engineering professional services; Setting of standards; Development; and General practice of engineering

4. Functions and powers of the Board Sn.7. The Board shall inter-alia: Conduct professional examinations for the purposes of registration. Receive, consider, make decisions on applications for registration and register approved application. Issue licenses to qualified persons. Publish the names of registered and licensed persons [not later than 31st March, of every year. Sn. 30(1)]. Carry out inquiries on matters pertaining to registration of professional engineers, training and practice of engineering. Assess, approve or reject engineering qualifications of foreign persons intending to offer professional services or works in the country.

 Recommend for suspension of any engineering professional services, works, projects, installation process or any other engineering works done without meeting the set out standards. Set standard for engineers in management, marketing, professional ethics, environmental issues, safety, legal matters. Determine the fees to be charged by professional Engineers and Firms for engineering professional services rendered from time to time. Enter and inspect sites where construction installation, errection, alteration, renovation, maintenance, processing or manufacturing works are in progress to verify that: -engineering professional services and works are undertaken by registered persons. -Standards and professional ethics and relevant health and safety aspects are observed.

Enter and inspect business premises to verify or monitor engineering professional works, services and goods rendered by professional engineers. Approve engineering programmes in public and private universities and other tertiary level educational institutions offering education in engineering for the purposes of registration of Graduate Engineers. 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; plan, arrange, co-ordinate and oversee the professional training and facilitate internship of graduate engineers Take legal action against persons or firms or engineers who practice engineering or offer consulting services: - Without being registered by the Board; or - Outside their competence Take disciplinary measures.

Collaborate with engineering training institutions, professional associations, engineering organizations and other relevant bodies in matters relating to training, professional development of Engineers.
A. Registration of: i. Professional Engineer [Sn.16] A person shall be eligible if he/she: Is registered as Graduate Engineer and has obtained practical experience. Has passed professional examination conducted by the Board. Is a corporate member of the Institution of Engineers of Kenya ii. Consulting Engineers [Sn.16] A person shall be eligible if he/she: Has practiced in a specialized engineering field as professional engineer for a period determined by the Board; Has achieved a standard of competence to enable him practice as a Consulting Engineer in a particular area. A person must attach certified copies of certificates to prove qualification.

5. Provisions on Registration

B. Registration of Graduate Engineers [Sn. 18] A person shall be eligible if he /she: Is a holder of a degree, diploma or its equivalent from a university, college or school of engineering or any other recognized by the Board in Kenya. Is a citizen or permanent resident of Kenya. Presents certified copies of certificates to prove qualification. Registration of Engineering Consulting Firms[Sn. 20] A person may register an Engineering Consulting Firm if: The firm has a certificate of registration of Business Name or Certificate of Incorporation; Has at least one partner or principal shareholder who is registered as Consulting Engineer and has a valid practising licence. At least 51% of the shares in the Firm are held by Kenyan citizens ( in case of a local firm). C.

Application must be accompanied by: Documents to prove qualification for registration; The firms profile of activities; Curriculum vitae of directors; Written commitment to allow the Board to verify the suitability of the firm for the purposes of registration; D. Registration of foreigners [Sn. 22] [ A foreign person or body of foreigners] i. A natural person must; Posses the necessary qualifications recognized for practice of engineering as a professional engineer in the country where he normally practices and that immediately before entering Kenya he was practicing as a professional engineer and holds a valid licence. Be a resident of Kenya with a valid work permit.

ii. A Firm must: Be incorporated in Kenya Have at least 51% of its shares held by a Kenyan citizen. E. Registration of Accredited Checker [ Sn. 24] A person should: Be a professional Engineer registered in relevant discipline of engineering approved by the Board. Have at least 15 years relevant practical experience in design, and construction management; and Satisfy the Board he is qualified to be registered by virtue of his ability, standing in the profession, special knowledge or practical experience. A person who contravenes this section commits an offence punishable under Sn. 55 with a fine of 200,000/= shillings or imprisonment to a term not exceeding 1 year or both.

The Title Professional Engineer or Consulting Engineer or Engineer [Sn. 26] Only the persons registered as Professional Engineer or Consulting Engineer can use the title. Removal of name from the Register [Sn. 29] Where a person: Has failed to satisfy the requirements for CPD programme; Permits any sole proprietorship, partnership or body corporate in which he is sole proprietor, partner director or shareholder to practice as a firm prior to registration by the Board or after the Board has cancelled or suspended its registration; Fails to respond to the inquiry of the Registrar within a period of 6 months from the date of sending the letter to the last known address. Has made an entry fraudulently.

6. Provisions relating to Licensing and Practice of engineering i. [Sn. 31] Practicing Licence Application for the licence must be accompanied by; A certificate of CPD issued by the Board; A statutory declaration confirming that no professional complaint has been made against the him. Prescribed fee. The licence shall be valid for a period of one year 1st January- 31st December. ii. Consequences for practicing without a licence No recovery of a charge for engineering professional service [Sn. 34] It is an offence punishable under Section 55

iii. Suspension of a licence[Sn. 35] The Board may suspend a licence where: An offence under this Act is being investigated; or Allegations of misconduct have been investigated and proved against a licensee; or A false declaration was made in application for licence; or A licensee has contravened any provisions of this Act. ix. Cancellation [Sn. 36] The Board shall cancel a licence where the licensee: Is convicted of an offence under this Act or its rules. Ceases to be qualified for issuance of a licence under this Act. x. Effects of removal of name, suspension or cancellation of licence A person cannot engage in the practice of engineering or offer engineering professional services during that period [Sn. 37(1)]

7. Provisions on Offences and Penalties Generally penalties are meant: To seek compliance. To act as deterrence. i) Offence [Sn. 43] Where a person willingly makes or produces or causes to be made or produced any false or fraudulent representation or declaration orally or in writing to procure registration or licensing. Penalty: Natural person On conviction a fine of 500,000 shillings or a term not exceeding 2 years or both. Legal person: upon conviction a fine of 1 million shillings.

ii. Offence [Sn. 44] Where a Professional Engineer or Consulting Engineer: Deliberately fails to follow the standards of conduct and practice of engineering set by the Board; or Commits gross negligence in the conduct of his professional duties; or Allows another person to practice in his name where that person; -Is not a holder of a licence; -Is not in partnership with him; -Takes advantage of a client by abusing position of trust, expertise or authority; -Lacks regard or concern for clients needs or rights; -Shows incompetence or inability to render professional services. Penalty [Sn. 55]

iii) Offence [Sn. 45] Where a person being in charge of a training institution which is not recognized by the Board as an institution for training persons seeking registration under this Act: Admits to the institution under his charge any person for purposes of training in the engineering profession; purports to be conducting a course of training or examining persons seeking registration under the act; Issues any documents, statement, certificate or seal implying that; -The holder thereof has undergone a course of instruction or has passed an examination recognized by the Board; -The institution under his charge is recognised by the Board as an institution for training of person seeking registration. Penalty: A fine of five million shillings or imprisonment for a term not exceeding five years or both.

iv. Offence [Sn. 46] For un registered or licensed person under this Act to: willfully and falsely take or use the title Engineer; or Display any sign, board, card or other device or use prescribed stamp representing or implying that he/ she is an Engineer.[Penalty: Sn. 55] v. Offence [Sn. 47] For a body of persons to carry on business of engineering without any of its directors or partners being a Professional Engineer.[Penalty: Sn. 55] vi. Offence [Sn. 48] For a person: To employ or continue to employ any person to offer engineering professional services or works if that person is not registered;

 To take up or continue in any employment as a Professional Engineer or Consulting Engineer unless that person is registered as a Professional or Consulting Engineer. For an employer to employ or engage a Graduate Engineer in any work or engineering professional services or works unless that Graduate Engineer is under the supervision of a professional or Consulting Engineer.[Penalty: Sn. 55] vii. Offence [Sn.49] For a person who is not registered as Professional Engineer of Firm to submit engineering plans, surveys, drawings, schemes, proposals, reports, designs or studies to any person or authority in Kenya. [Penalty: Sn. 55]
viii. Offence [Sn. 50] For any person to obstruct or hinder, or knowingly make false misleading statement to any member, officer, servant or agent of the Board while carrying out duties under this Act [Penalty Sn. 55]

END THANK YOU Q&A