Engineers Bill,2011 Presentation

8/13/2019 Engineers Bill,2011 Presentation

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PRESENTATION ON THE ENGINEERS BILL 2011TO THE MOMBASA POLYTECHNIC UNIVERSITYCOLLEGE ENGINEERING STUDENTS

VENUE: ASSEMBLY HALL MOMBASADATE : 27/07/2011

BY

Eng. Gilbert M. Arasa , OGWREGISTRAR

KENYA ENGINEERS REGISTRATION BOARD


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Objectives of the Presentation

At the end of the session, the participants should;

Be able to appreciate the need for regulating theengineering profession.Be able to discuss the salient features of the

Engineers Bill, 2011.

Outline of the presentation

I.Regulating professions

Meaning of regulationThe need for regulating professions

II. Regulation of Engineering profession in

Kenya

The Engineers Registration Act Cap. 530Inadequacies of Cap. 530


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III. The Engineers Bill, 2011Background of the BillAdvantages of the BillResponsibilities of the ERBFunctions and powers of the ERBProvisions on registrationProfessional Engineers

Consulting EngineersGraduate EngineersEngineering Consulting FirmsForeigners

Accredited CheckerProvisions on licensing and practiceProvisions on offences and penalties


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I. REGULATING PROFESSIONSWhat 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


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II. REGULATION OF THE ENGINEERINGPROFESSION IN KENYA

The Engineers Registration Act Cap. 530 of 1969Engineering 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.


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-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 re eal the Act


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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 individualuniversity 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.


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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 atthe 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.


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-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 ERBSn 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


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Recommend for suspension of any engineering professional

services, works, projects, installation process or any other

engineering works done without meeting the set outstandards.

Set standard for engineers in management, marketing,

professional ethics, environmental issues, safety, legal matters.

Determine the fees to be charged by professional Engineersand 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.


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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 privateuniversities 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 engineersTake 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.


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Collaborate with engineering training institutions, professional

associations, engineering organizations and other relevant

bodies in matters relating to training, professional development

of Engineers.

5. Provisions on RegistrationA. 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.


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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 otherrecognized by the Board in Kenya.

Is a citizen or permanent resident of Kenya.

Presents certified copies of certificates to prove qualification.

C. Registration of Engineering ConsultingFirms[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).


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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 henormally 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.


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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.


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The Title Professional Engineer or Consulting

Engineer or Engineer [Sn. 26]

Only the persons registered as Professional Engineer orConsulting 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 theBoard 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.


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6. Provisions relating to Licensing and Practice of

engineering

i. [Sn. 31] Practicing LicenceApplication 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


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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 offeren ineerin rofessional services durin that eriod Sn. 37 1


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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 tobe 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.


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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]


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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: Afine of five million shillings orimprisonmentfor a term not exceedin five ears or both.


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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 useprescribed 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;


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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 employerto employ or engage a Graduate Engineerin 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]


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END

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