Regulation and Registration of Engineering Profession and the Problem With the EBK

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Regulation and Registration of Engineering Profession and the Problem with

the Engineers Board of Kenya (EBK) Introduction

Kenya is destined to be a medium economy state by the year 2030 as stipulated in vision 2030. This is

through industrialization amongst other strategies stipulated in vision 2030. In order for

industrialization to be realized, a number of strategies must be put in place among them being to train

adequate number of engineers and corresponding Engineering Technologists, Technicians and Craft

persons/Artisans in defined proportions and to offer sustainable incentives that can sustain them not to

migrate to other professions and/or other countries. The current challenges amongst others include lack

of interest in the engineering profession due to; poor remuneration, poor professional body treatment,

gender balance, lack of proper training due to poor facilities in most academic institutions and poor

policy implementation in various relevant government departments.

In order for Kenya to make realistic breakthrough in industrialisation and technological development

it must begin by ensuring that it has a critical mass of well trained and qualified Scientists, Engineers,

Engineering Technologists, Engineering Technicians and craft persons/artisans who comprise the

Engineering Team with each team members roles clearly defined. Kenya critically requires four cadres of staff namely an engineer, an engineering technologist, an engineering technician and a craft

person/ artisan (the fifth cadre the engineering scientist belongs to either engineer or engineering technologist who has attained a PhD degree). For most developed countries the ideal ratio for the four

categories of professional is 1:2:4:16, while a typical developing country like Kenya, the more realistic

ratios would be 1:3:12:60.

The engineering profession in Kenya is regulated by the Engineers Board of Kenya (EBK) under the

Engineers Act, 2011. The Board is responsible for the registration of Engineers and consulting firms,

regulation of engineering professional services, accrediting engineering courses in the institutions of

higher learning, setting of standards, development and general practice of engineering. The act

prescribes very deterrent penalties for offering employment to persons who are not registered by them.

The functions and powers of the board do not mention anything about engineering technologists,

engineering technicians and the craft persons/artisans who form the largest part of the engineering

team and who do more than 98% of the engineering activities in Kenya.

This paper looks at the various challenges facing engineering profession and gives suggested strategies

and solutions to the challenges that can enable Kenya to attain vision 2030 and also to sustain her

Engineering professionals, train and sustain more Engineers, Engineering Technologists, Engineering

Technicians and Craft persons/Artisans with International recognition. The paper further analyses

some of the problems with the current EBK Act of 2011.

Institution of Engineering Technologists and Technicians Profile

1. The Institution of Engineering Technologists and Technicians (IET) was registered by the Registrar of Societies at the Attorney Generals chambers on 16th November 2011 under the certificate of registration number 35998; the Institution to date has over three hundred members

(300).

2. In January 2012, the authors (who were then the Interim officials) made media announcements calling on potential members to register with the interim office housed at Technical University

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of Kenya (TU-K). TU-K was seen to be a more central point and also the major trainer of these

levels of cadres.

3. The First Annual General Meeting for the Institution of Engineering Technologists and Technicians was held on 2

nd Feb. 2013 at the Technical University of Kenya

4. The proposed Kenya Engineering Technologists, Technicians and Craft persons Proposed Bill was published on 31

st August 2013[Kenya Gazette Supplement No. 103 (Bills No.45)]. By the

time the tenth parliament was winding up its business, the bill had gone through the first

reading in Parliament. It is now awaiting the eleventh parliament for approval since it is already

a house document. Hon. Dr.Julius Kones, Member for Konoin Constituency had moved the bill

through Private members motion. Since Hon. Dr. Kones did not manage to secure a seat in

parliament after the 2013 General Elcetion we have not be able to get any MP to continue with

Hon. Dr. Kones motion so that this bill can be enacted by Parliament. We are urgently looking for assistance from any MP who can present the bill for the second and third reading. The bill is

available in the internet via http://www.kenyalaw.org/klr/index.php?id=98, KNA.No.45.

5. A stakeholders meeting of the Institution of Engineering Technologists and Technicians was held on 10

th September 2013 at the Technical University of Kenya; the meeting was sponsored

by the National Council of Science and Technology (NCST) and the Technical University of

Kenya.

6. The second Annual General Meeting for the Institution of Engineering Technologists and Technicians was held on 22

nd Feb. 2014 at the Technical University of Kenya.

7. Attempts are on the way for the Institution to be recognized by the following international educational accords for international membership recognition:

a) WASHINGTON ACCORD 1989 The accord recognizes the equivalence of accredited engineering education programs leading to the engineering degree programs.

b) SYDNEY ACCORD The accord recognizes the equivalence of accredited engineering technology education programs leading to the engineering technology degree programs.

c) DUBLIN ACCORD- Which recognizes the equivalence of educational base for engineering technicians.

Why is Regulation and Registration of Engineering Profession necessary?

Regulation and Registration of any Profession that touch on the Safety and Health and welfare of the

public is extremely necessary worldwide. The most notable ones are the Engineering and Medical

Professions. The Engineering Team mentioned above has five cadres, but only one is being registered

in Kenya by EBK; the Medical team also has five cadres Medical scientists, Doctors/Dentists, Medical Clinical Officers, Medical Nurses and Lab. Technologists. Unlike the Engineering Team all

the cadres in the Medical Team are regulated by ACTS of Parliament and all the personnel are

registered and therefore accountable for their actions.

The Attributes and/or Roles of Engineers, Engineering Technologists and Engineering

Technicians

a) Attributes of an Engineer Engineers apply their lifelong learning, critical perception and engineering judgment to the

performance of engineering services. They challenge current thinking and conceptualize alternative

approaches, often engaging in research and development of new engineering principles, technologies

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and materials. Engineers apply their analytical skills and well developed grasp of scientific principles

and engineering theory to design original and novel solutions to complex problems. Their disciplined

and systematic approach to innovation and creativity, comprehension of risks and benefits and

informed professional judgment enables them to select optimal solutions, justify and defend the

selection to colleagues, clients and community.

Registered Professional Engineers can be expected to comprehend complexity, function

independently and display leadership within multi-disciplinary and cross-cultural teams. Within their

engineering discipline, they will optimize costs and benefits to clients and community within identified

constraints, while achieving desired outcomes ethically, and within the context of a safe and

sustainable environment. They accept ultimate responsibility for the selection and application of design

tools, implementation strategies and overall integration and functionality of engineering projects and

programs.

b) Attributes of an Engineering Technologist Engineering Technologists exercise ingenuity, originality and understanding in adapting and applying

technologies, developing related new technologies or applying scientific knowledge within their

specialized technical environment. Their education, expertise and analytical skills equip them with a

robust understanding of the theoretical and practical application of engineering and technical

principles. Within their branch of technology, they contribute to the improvement of standards and

codes of practice, and the adaptation of established technologies to new situations.

Registered Engineering Technologists can be expected to determine interactions between a

technology and the system, in which it operates, recognize and take account of its suitability and

manage associated technical risks. Technologists accept responsibility for the detailed technological

requirements of their engineering services with due regard to the fundamental properties and

limitations of components and systems involved. They may lead and manage teams (e.g. engineering

technicians) engaged in inspection, approval and certification of designs, tests, installations and

reliable operations. They identify problematic circumstances, take remedial action and keep

colleagues, clients and community informed, while ensuring performance-based criteria are satisfied

within a safe and sustainable environment.

The Difference in Education and Training between the Engineer and Technologist Previously there used to be a big difference between a technologist and engineer in terms of their

education when technologist used to hold a 3 year course qualification of Higher National Diploma.

But with the replacement of Higher Diploma with a 4 year course leading to Bachelor of Technology,

the difference between a technologist and engineer in terms of education and training is extremely

minimal and actually they both have same roles in practice.

In general the engineer is supposed to take the scientist research findings theories and principles- then conceptualize them with the aim of coming up with new designs, new materials and systems to

serve society better (this is normally referred to as Industrial Research as opposed to Basic or

Theoretical Research that is carried out by Engineering Scientists). This means that the Engineers work is mainly in the office and in the labs to test the new designs/materials/systems developed then

pass over to Engineering Technology personnel for implementation. In this way the country can be

able to develop.

On the other hand the technologist is supposed to implement and/or put in practice what the engineer

has developed from the scientist research findings. Besides, the technologist has the role of interpreting

and modifying designs, systems and materials developed by the engineer to suit the conditions on the

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ground. This means that the Engineering Technologists work is in the field where he/she undertakes

the implementation activities.

The expected difference in education and training between the Engineer and Technologist

Subject Material Expected % for Engineer Expected % for

Technologist

Mathematics If 100% 70 80%

Engineering Sciences If 100% 70 80%

Management courses 70 -80% If 100%

Practical courses e.g.

Computer courses, Lab. and

Workshop Courses, etc.

70 -80% If 100%

Other Courses If 100% 100% i.e. same

The engineer requires more mathematics and engineering sciences to enable him/her conceptualize and

design, while the technologist requires more management and practical courses to enable him/her carry

out the implementation of projects. The percentages given are theoretical as the reality on the ground is

very different as we have never sat down to agree on the actual subject contents; different Universities

develop their curricula without discussing and agreeing on the contents of the respective curricula. In

most cases both curricula are similar in contents. The progression from degree level is to MSc/MEng

and MTech respectively, then to PhD/DSc and PhD/DTech respectively (see figure for pathways

attached).

c) Attributes of an Engineering Technician Engineering Technicians apply their detailed knowledge of standards and codes of practice to

selecting, specifying, and installing, commissioning, monitoring, maintaining, repairing and modifying

complex assets, such as structures, plant, equipment, components and systems. Their education,

training and experience equip them with the necessary theoretical knowledge and analytical skills for

testing, fault diagnosis and understanding the limitations of complex assets in familiar and well defined

operating situations.

Registered Engineering Technician can be expected to exercise engineering judgment within the

scope of accepted standards and codes of practice to the design, inspection, certification, safe operation

and cost-effectiveness of complex assets. They may supervise tradespeople/crafts persons, lead and

manage teams and utilize advanced software and design aids to achieve practical and reliable designs,

installations and operations of complex assets.

Why is it that EBK does not want to register other engineering cadres as in other countries?

Having understood the roles of each cadre in the three cadres of the engineering team we can now

explain why the EBK officials do not want to recognize the three cadres that belong to the Engineering

Technology.

Immediately the British who were managing the Engineers Registration (ERB) left in the 1970s,

Kenyan engineers all graduates of University of Nairobi took over. The Kenyan officials realized that

ERB was a gold mine and started limiting the number of membership. They also realized that most

industries were run by the three cadres in Engineering Technology. Further they realized that the

engineering activities in the Kenyan industries were those that belonged to implementation and

therefore required only the engineering technology personnel; there was no industrial research being

conducted in the local industries. Most industries in Kenya were multinational corporations who

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conducted their research abroad and therefore denying the local engineers industrial research work.

(This is still the scenario presently).

Our Engineers then turned the ERB/EBK into a private club unofficially and denied the other three

cadres to register for fear of them becoming irrelevant since all engineering work will be done by

three cadres. Even now almost all engineering work in Kenya is being performed by the three cadres

and the engineers get credit; drawing and designs are also prepared by these three cadres and the

engineers only come sign for them since the three cadres are not licensed to carry out any engineering

work in the country. This is purely a case of exploitation and therefore professional corruption.

Once the act to regulate Engineering technology and start registering Engineering Technologists,

Engineering Technicians and Engineering Crafts persons like in other countries, the engineers will

have very little work and therefore will not be getting free money as it is the case presently. Eventually

they will be forced to do what they are supposed to do i.e. coming up with new designs, new materials,

new systems (which all belong to industrial research). That is when Kenya will start developing or

industrializing. But for the time being the engineers are engaged in activities that are mainly meant for

the engineering technology personnel.

Engineering Board of Kenya (EBK)

The Engineers Board of Kenya (EBK) is a statutory body established under The Engineers Act, 2011

(No. 43). Its role is the registration of Engineers and Firms, regulation of engineering professional

services, setting of standards, development and general practice of Engineering. EBK is supposed to

contribute to the transformation of the Engineering service which will be expected to function

effectively and innovatively in a results- oriented and accountable manner.

The Kenya Engineers Registration Board (ERB) was a statutory body established through an Act of

Parliament in 1969. A minor revision was done in 1992, to accommodate Technician Engineer grade.

However, in 2011 a major revision was done to remove Technician Engineer grade giving rise to

The Engineers Board of Kenya (EBK) with a new face and strength to further its duties. The Board

has been given the responsibility of regulating the activities and conduct of Practicing Engineers in the

Republic of Kenya in accordance with the functions and powers conferred upon it by the Act. Under

Part VI of the Engineers Act (according to articles 48(1) and 49), a person shall not engage in the

practice of engineering unless that person has been issued with a license and has complied with the

requirements of the Act. Registration with the Board is thus a license to practice engineering in Kenya.

Object and purpose of the Board

The Board is responsible for the registration of engineers and firms, regulation of engineering professional

services, setting of standards, development, and general practice of engineering.

The following articles need to be examined carefully as they affect the industrial development of this

country:

Article 16. Subject to the provisions of this Act, a person shall be eligible for registration under this

Act as a professional or consulting engineer if (a) For a professional engineer, that person

(i) is registered as a graduate engineer and has obtained practical experience as prescribed under this Act;

(ii) has passed professional assessment examination conducted by the Board; and

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(iii) is a corporate member of the Institution of Engineers of Kenya; (This article contravenes Chapter 4 of the Bill of Rights article 36 (2) of the Constitution of Kenya)

(b) For a consulting engineer, that person (i) has practiced in a specialized engineering field as a professional engineer for a period

determined by the Board; and

(ii) has achieved a standard of competence to enable him to practise as a consulting engineer in that particular specialization.

Qualifications for registration as graduate engineer Article 18. Subject to provisions of this Act, a person shall be eligible for registration under this Act as

a graduate engineer if that person (a) Is a holder of a degree, diploma or its equivalent from a university, college or school of

engineering or any other institution recognized by the Board; and

NB: Although a diploma is also a requirement for registration, the EBK officials do not accept

Diplomas from Kenya for the purpose of registration. Worse still the officials do not accept

Masters and PhD degrees for registration; they only consider a first degree, BSc for registration. In all other countries worldwide any postgraduate degree automatically qualifies for registration

since to qualify for any postgraduate degree one has to do a research project that is properly

supervised by doctorates.

(b) Is a citizen or a permanent resident of Kenya

Article 45. A person who, being in charge of a training institution which is not recognized by the

Board as an institution registered or seeking registration under this Act (a) admits to the institution under his charge any person for purposes of training in the engineering

profession;

(b) purports to be conducting a course of training or examining persons seeking registration under this Act; or

(c) issues any document, statement, certificate or seal implying that (i) the holder thereof has undergone a course of instruction or has passed an examination

recognized by the Board; and

(ii) the institution under his charge is recognized by the Board as an institution for training of person seeking registration, commits an offence and is liable on conviction

to a fine of five million shillings or to imprisonment for a term not exceeding five

years, or both.

Prohibition for the use of the term engineer by unregistered or unlicensed persons 1. Article 46. (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. (This article

contravenes Chapter 4 of the Bill of Rights article 24 (1) of the Constitution of Kenya) (2) A person who, being not registered or licensed under this Act (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 (b) Displays any sign, board, card or other device or uses a prescribed stamp representing or

implying that he is an engineer, commits an offence.

(3) The Board may 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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Prohibition on provision of professional engineering services by body of persons Article 47. (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.

(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

until such time as the administration of the estate of the deceased is completed as if the legal

representatives were professional engineers.

(3) Any person who contravenes the provisions of this section commits an offence.

Prohibition of employment of unregistered persons Article 48. (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.

(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. (Where

does the line divide professional engineering service or works, and other engineering services or

works?) (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. (Where does the line divide professional engineering service or works, and

other engineering services or works?)

(4) A person who contravenes any provision of this section commits an offence.

General penalty: Article 55. A person who commits an offence under this Act for which no specific penalty is provided

for is liable to a fine of two hundred thousand shillings or to imprisonment for a term not exceeding

one year, or both.

Under Part VI of the Engineers Act (according to articles 48(1) and 49), a person shall not engage in

the practice of engineering unless that person has been issued with a license and has complied with the

requirements of the Act. Registration with the Board is thus a license to practice engineering in Kenya.

Engineering and Engineering Technology

In broad the Engineering Profession is divided into Engineering and Engineering Technology. The

Engineering team consists of five (5) cadres Engineering Scientists, Engineers, Engineering Technologists, Engineering Technicians and engineering Crafts persons. The Engineering Scientists

are usually PhD holders, and belong to either Engineers or Engineering Technologists. That leaves

only four cadres (i.e. Engineers, Engineering Technologists, Engineering Technicians and engineering

Crafts persons) who require registration.

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(1 -2 years Course) (2 years Diploma) (4 years degree) (4-5years degree)

What is the implication of Part VI of the EBK ACT, and the removal of Technician Engineer

Grade from the ACT?

The removal of the Technician Engineer grade meant that EBK has no role on the regulation of

Engineering Technology in Kenya. The three cadres of the Engineering team i.e. Engineering

Technologist, Engineering Technician and Engineering Craftsperson are not catered for in the EBK

Act and, therefore, are NOT are allowed to engage in any engineering activities in Kenya as they

cannot be licensed by EBK as per the requirement of Part VI of the ACT.

The Difference between Engineering and Engineering Technology

Engineering Engineering is a profession in which knowledge of advanced mathematical

and natural sciences gained by higher education, experience, and practice is

devoted to the creation of new technology for the benefit of humanity.

Engineering education for the professional focuses primarily on the

conceptual and theoretical aspects of science and engineering aimed

at preparing graduates for the practice of engineering closest to the

research, development, and conceptual design functions.

Engineering

Technology

Engineering technology is the profession in which a knowledge of the

applied mathematical and natural science gained by higher education,

experience, and practice is devoted to application of engineering principles

and the implementation of technological advances for the benefit of

humanity. Engineering technology education for the professional focuses

primarily on analyzing, applying, implementing, and improving existing

technologies and is aimed at preparing graduates for the practice of

engineering closest to the product improvement, manufacturing, and

engineering operational functions.

In USA the Engineering Technology Commission (ETC) views engineering technology as

an integral part of the engineering enterprise and holds that baccalaureate (degree) engineering

technologists appropriately function as professional practitioners, rather than supporting Para-

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professionals, in this enterprise. It is further held that an appropriate accreditation activity is necessary

to support the uniqueness of this component. The Technology Accreditation Commission (TAC) of the

Accreditation Board for Engineering and Technology (ABET) serves this function.

The ETC believes that professional registration is important, especially as it relates to those activities

that directly affect the health, safety, and welfare of the public. Further, it supports the

continuance of the industrial exemption, while recognizing the importance of registration in industry

for some disciplines. The ETC further supports and encourages registration for all eligible

engineering technology faculties, since they typically are engineering practitioners.

The Engineering Team In today's modern high-tech industry, many of the complex technical problems, including the

development of new products, require a team effort. Individuals on the team may include scientists,

engineers, engineering technologists, engineering technicians, and Vocational Technicians or

Craftsperson*. Each of these individuals contributes different knowledge and skills gained from their

educational preparation and experience. Most people are familiar with the term scientist and associate

it with individuals with advanced degrees and research or theoretical interests. Similarly the term

craftsperson is normally recognized and associated with an individual with a highly specialized skill.

However, the distinction between engineer, engineering technologist, and engineering technician may

not be as clear. An engineer is typically a graduate from a four-year engineering degree program,

whereas the technologists or technician is typically a graduate of a four-year or a two-year degree

program in engineering technology respectively from Universities or Technical Institutes/Polytechnics.

Scientists are the most theoretical of the team members. They typically seek ways to apply new

discoveries to advance technology for mankind. Most engineering scientists have an earned doctorate

in engineering or a closely related discipline.

*In most developed and newly industrialized countries the cadre of Craftsperson is being phased out

and therefore there is no registration for it; the existing craftsperson are encouraged to upgrade

themselves to the grade of engineering technician by acquiring a diploma.

International Agreements Governing Mutual Recognition of Engineering

There are six international agreements governing mutual recognition of engineering qualifications and

professional competence. In each of these agreements countries/economies who wish to participate

may apply for membership, and if accepted become members or signatories to the agreement.

1) Agreements covering tertiary qualifications in engineering There are three agreements covering mutual recognition in respect of tertiary-level qualifications in

engineering:

a) Washington Accord: This accord was signed in 1989; it recognizes substantial equivalence in the accreditation of qualifications in professional engineering education leading to the

Engineering Degree, normally of four to five years duration

b) Sydney Accord: Flowing from the Washington Accord, a similar Agreement was developed for Engineering Technologists or Incorporated Engineers, called the Sydney Accord (SA),

which was signed in June 2001. It recognizes substantial equivalence in the accreditation of

qualifications in engineering technology, normally of three to four years duration.

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c) Dublin Accord: The Dublin Accord (DA) is an Agreement for substantial equivalence in the typifying tertiary qualifications for technician engineering education, normally of two years duration. It commenced in 2002.

Note: There is no Accord for the Crafts persons cadre as this cadre is being phased out and replaced by the Engineering Technician cadre. Besides, the skills required by the crafts person are unique to a

particular country/economy and is not universal.

Note: The EBK officials would not like the EBK to be members of the three international accords as

they fear those Kenyans they deny registration will apply for registration in other member countries

and then EBK will be forced to register them.

2) Agreements covering competence standards for practicing engineers

The other three agreements cover recognition of equivalence at the practising engineer level i.e. it is

individual people, not qualifications that are seen to meet the benchmark standard. The concept of

these agreements is that a person recognized in one country as reaching the agreed international

standard of competence should only be minimally assessed (primarily for local knowledge) prior to

obtaining registration in another country that is party to the agreement.

a) APEC Engineer agreement: The oldest such agreement is the APEC Engineer agreement which commenced in 1999. This has Government support in the participating APEC

economies. The representative organization in each economy creates a "register" of those

engineers wishing to be recognized as meeting the generic international standard. Other

economies should give credit when such an engineer seeks to have his or her competence

recognized. The Agreement is largely administered between engineering bodies.

(APEC - Asia-Pacific Economic Cooperation)

b) International Professional Engineers agreement: The International Professional Engineers agreement commenced in 2001: It operates the same competence standard as the APEC

Engineer agreement but any country/economy may join. The parties to the agreement are

largely engineering bodies. There are intentions to draw IPEA and APEC closer together.

c) International Engineering Technologist agreement: The International Engineering Technologist agreement was signed by participating economies/countries in 2003. The parties

to the Agreement have agreed to commence establishing a mutual recognition scheme for

engineering technologists.

The Registration of Engineering and Technology Cadres in other Countries As mentioned above most countries, and more especially the industrialized and newly industrialized

countries have enacted laws that govern the Engineering profession (i.e. bothe engineering and

engineering technology). Some of the countries are as follows:

1. United Kingdom: Engineering Council The engineering profession in the United Kingdom is regulated by the Engineering Council through

engineering institutions that are licensed to put suitably qualified persons on the Engineering Council's

Register of Engineers. The Register has three sections or cadres:

Chartered Engineer (CEng),

Incorporated Engineer (Engineering Technologist) (IEng), and

Engineering Technician (EngTech).

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Applicants for registration are required to satisfy the competence standards set by Engineering Council

and laid down in UK-SPEC (UK Standard for Professional Engineering Competence). Benefits of

Membership and Engineering Council Registration:

It identifies you as having competences that employers value;

It indicates that your competence, and your commitment to professionalism, have been assessed

by other engineering professionals;

It demonstrates that your competence may be compared with standards applicable in other parts

of the world;

It confirms that your commitment to professionalism is underwritten by the support of a

national engineering institution licensed by the Engineering Council.

2. Nigeria: Council for the Regulation of Engineering in Nigeria (COREN) Establishment of the Council for the Regulation of Engineering in Nigeria - There shall be established

on the coming into force of this Act, a body to be known as the Council for the Regulation of

Engineering in Nigeria (hereafter in this Act referred to as the Council) which shall be a body corporate by the name aforesaid and be charged with the general duty of [1992 No. 27]

(a) Determining who are engineers for the purposes of this Act; (b) Determining what standards of knowledge and skill are to be attained by persons seeking to

become registered as engineers and raising those standards from time to time as circumstances

may permit;

(c) securing, in accordance with the provisions of this Act, the establishment and maintenance of a register of persons entitled to practice as registered engineers and the publication from time

to time of lists of those persons;

(d) regulating and controlling the practice of the engineering profession in all its aspects and ramifications;

(e) Performing the other functions conferred on the Council by this Act.

The registers of engineering personnel (in this Act referred to as the registers) shall consist of four registers, one each for:

(a) Registered engineers (Engr);

(b) registered engineering technologists (Engn. Tech);

(c) registered engineering technicians (Tech); and

(d) registered engineering craftsmen (A registered engineering craftsmen shall use his full title with his

trade in bracket under his name).

Registration as Engineers

(1) Subject to section 16 and to rules made under section 4 (4) of this Act, a person shall be entitled to

be fully registered under this Act if (a) he has attended a course of training approved by the Council under the next following section; (b) the course was conducted at an institution so approved, or partly at one such institution and

partly at another or others;

(c) he holds a qualification so approved; and (d) he holds a certificate of experience issued in pursuance of section 9 of this Act; and (e) he has completed a minimum of two years approved post-graduate training and has passed or

is exempted from professional interview;

(f) in the case of a craftsman, he has completed a minimum of two years working experience in his trade and submits an acceptable certificate of experience;

(g) He has completed his second year of industrial pupilage in an approved establishment.

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Transfer from one register to the other

1. An engineering craftsman may apply to transfer to the register of engineering technicians if he obtains the Ordinary National Diploma Certificate or an approved equivalent educational

qualification and the required working experience.

2. An engineering technician may apply to transfer to the register of engineering technologists if he obtains the Higher National Diploma Certificate or he has successfully completed an

equivalent course of study in a polytechnic or college of technology or any other approved

institution.

3. An engineering technologist may apply to transfer to the register of engineers if he passes the examination accredited by the Council, the academic content of which shall

meet the requirement for registration as an engineer; or

attends a post-Higher National Diploma course approved by the Council and run by a

polytechnic or university and passes an examination accredited by the Council; or

passes a university degree programme or any examination conducted by any other

body authorized by Council

3. South Africa: Engineering Council of South Africa (ECSA)

Establishment of the Engineering Council of South Africa: There is hereby established a juristic person

to be known as the Engineering Council of South Africa. The Engineering Council of South Africa

(ECSA) is a statutory body established in terms of the Engineering Profession Act, 2000 (Act 46 of

2000), and derives its powers and responsibilities from the Act. The main focus of the Act is the

promotion of public safety, health and interests in relation to actions of persons registered with ECSA.

In Order to Achieve its Main Focus ECSA Performs the Following Functions: Academic Standards Professional Development Standards and Registration Government Liaison International Recognition

Registration: Candidates Application for registration as a candidate engineer will require certified proof that the applicant has

a recognized or accredited academic qualification. If an applicant has a foreign qualification, a

copy of the qualification certificate as well as an academic record reflecting all subjects taken and

passed during the years of study should be submitted with the application. Other benefits of

registering first as a candidate engineer are:

It demonstrates the candidates identification with the ideals of the profession, namely the maintenance of a high level of standards and of professionalism in the interest of the

public and the country as a whole.

As the industry is increasingly in need of registered persons, candidates are therefore in an advantageous position over non-registered practitioners.

Candidate registration is also an indication of the persons aspiration to become registered as a professional in the future.

Employers commitment to candidates regarding their professional development is in many cases more apparent when they are registered.

Persons registered as candidates are normally subjected to a formally structured training program, which will prepare them for professional registration.

Categories of registration

18. (1) After obtaining the required qualification and experience, ECSA registers engineering

practitioners in the following professional registration categories:

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The categories in which a person may register in the engineering profession are (a) professional, which is divided into

Professional Engineer (Pr Eng), Professional Engineering Technologist (Pr Tech Eng), Professional Engineering Technician (Pr Techni Eng), and Professional Certificated Engineer (Pr Cert Eng).

In each of these categories, provision is made for candidate registration. The academic and

experience requirements for professional registration are as follows:

Category Academic Qualification Minimum Experience

Professional Engineer BSc(Eng)/ B Eng (4yrs) 3 years

Professional Engineering

Technologist

BTech (Eng) 3 years

Professional Engineering

Technician

National Diploma 3 years

Professional Certificated

Engineer

Government Certificate of

Competency for Engineers, Mine

Managers, Marine, Electrical and

Mechanical Engineers

3 years in responsible

position - 1 year must be as

the engineer appointed in

terms of an applicable Act

(b) candidate, which is divided into (i) Candidate Engineer;

(ii) Candidate Engineering Technologist;

(iii) Candidate Engineering Technician; or

(iv) Candidate Certificated Engineer

(c) Specified categories prescribed by the council.

(2)A person may not practice in any of the categories contemplated in subsection (1), unless he or she

is registered in that category.

(3) A person may practice in a consulting capacity in the category in which he or she is registered.

(4) A person who is registered in the category of candidate must perform work in the engineering

profession only under the supervision and control of a professional of a category as prescribed.

4. Canada: Engineering Technology ACT of 1973

The act registers two categories: Engineering technician and Engineering technologist. Canada has a

separate Act for professional engineers.

5. Australia: Engineers Australia

Engineers Australia administers three National Engineering Registers on advice from a board

established to ensure the registers operate with integrity and in the public interest. Registration on the

National Engineering Registers is available in three occupational categories:

National Professional Engineers Register (NPER),

National Engineering Technologists Register (NETR),and

National Engineering Associates Register (NEAR)

The following titles are used by members of Engineers Australia:

NPER recognized as MIEAust CPEng NETR recognized as TMIEAust CEngT NEAR recognized as OMIEAust CEngO

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The National Professional Engineers Register (NPER) and the National Engineering Technologists

Register (NETR) and the National Engineering Associates (Engineering Technician) Register

(NEAR) are administered to safeguard the community at no cost to government.

Engineers Australia administers the national engineering registers with input from the National

Engineering Registration Board to ensure that the registers operate in the public interest.

Admission to the registers is not restricted to members of Engineers Australia or any other professional

association. However, the registers currently are aligned to occupational categories - Professional

Engineers, Engineering Technologists and Engineering Associates. The occupational category a

member belongs to is determined on the basis of his or her original qualification, normally a BEng (4

years), a BTech (3 years) or a TAFE Advanced Diploma / Associate Degree or Engineering Technician

Course (2 years), respectively.

All registered engineering practitioners observe a common Code of Ethics; undertake to accept

responsibility for outcomes only within their area of competence and specifically commit to keeping

up-to-date through continuing professional development to sustain their engagement in delivering

engineering services. They deliver engineering outcomes that minimize adverse social, economic and

environmental consequences, with due regard for the safety, health and welfare of the community.

Public safety is assured when only competent practitioners are registered and provide engineering

services in critical areas. Registered practitioners will be engaged to provide services in such areas

only if stipulated by regulation or demanded by the market.

There are three occupational categories in the engineering workforce - engineers, technologists and

associates. Practitioners in these categories cooperate in various ways to perform engineering services.

Their activities and competencies are often closely inter-related and it is difficult and sometimes

artificial to say where the responsibilities of one occupational category end and those of another begin.

There are activities that could be undertaken in different circumstances by any member of the

engineering team. Other activities are clearly the province of one occupational category but not of

another - for example, the province of a Professional Engineer but not an Engineering Associate, or

vice versa. This distinction will often be determined by the standard to which competency has been

demonstrated against the Australian Engineering Competency Standards Stage 2.

6. New Zealand: Chartered Professional Engineers of New Zealand Act of 2002

IPENZ is the Registration Authority under the Chartered Professional Engineers of New Zealand Act

of 2002. IPENZ also operates registers of current competence for Professional Engineers, Engineering

Technologists and Engineering Technicians. IPENZ operates the national registers of current

competence-based registers for:

a) Professional Engineers, b) Engineering Technologists, and c) Engineering Technicians.

Professional Engineer: Capable of dealing with

complex engineering

problems and activities

Engineering

Technologist:

Capable of dealing

with broadly- defined

engineering problems

and activities

Engineering

Technician: Capable

of dealing with well-

defined engineering

problems and activities

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Qualification: New

Zealand qualification

for entry to

occupational group

Four-year Bachelor of

Engineering (Honours)

Three-year Bachelor

of Engineering

Technology

Two-year New Zealand

Diploma in

Engineering

National current-

competence register

International

Professional Engineer

(IntPE)

Engineering

Technology

Practitioner (ETPract)

International

Engineering

Technologist (IntET)

Certified Engineering

Technician (CertETn)

Associated IPENZ

Competence-based

Membership Class

Professional Member

(MIPENZ)

Technical Member

(TIPENZ)

Associate Member

(AIPENZ)

And Others

Reasons for the Enactment of the Engineering Technologists and Technician Bill No., 45 of 2012

1. The ERB/EBK as it is cannot be implemented because of the following reasons: a. ERB/EBK Act implies that the engineer is the only person to do everything concerning

any engineering project in Kenya.

b. The number of registered engineers presently is less than 1800; more than 70% of these engineers are working as civil servants and some parastatals, leaving less than 600 who

are working in private companies and very few as consultants. {Kenyan engineers

registered and working in South Africa are more than 1800; they went to register in

South Africa when they were denied registration by ERB}

c. In Kenya there are more than 700 students pursuing degree course in engineering, and all of them are each supposed to go for industrial attachment at least twice. The

ERB/EBK requires that each of these student should be supervised in industry by a

registered engineer!!!. More than 90% of the industries do not have registered

engineers, meaning that we should not take our students for industrial attachment.

d. The Act does not want any employer to employ a person not registered by ERB/EBK to carry out engineering work. Such a person is reliable for a fine of not less than KES

5,000,000/- or 5 years imprisonment or both. If this were to be adhered to Kenya

Government will close all industries in Kenya.

e. There are more than 15 Universities offering various engineering degree courses presently in Kenya with more than 300 engineering lecturers; out of these less than 5%

are registered with ERB/EBK. If the act is to be adhered to all the CEOs of these

Universities should be in jail and actually no University should offer engineering

courses in Kenya.

2. A thorough examination of the ERB/EBK as it is leads to the conclusion that the drafters intended to discourage the training of engineers in Kenya and cease engineering activities in

Kenya!!!. How then is Kenya going to develop???

3. Technology is changing all the time and the people, especially professionals, working should attend for Professional Development courses that are normally offered by the respective

professional bodies like ERB/EBK. In Kenya only engineers are luck to attend for such courses

and yet the engineers role in any engineering work in Kenya is less than 2%; this, coupled with lack of registration, is the main reason why buildings keep on collapsing in Kenya without

anybody being taken to court to answer charges.

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4. Engineering technologists, engineering technicians and Crafts persons are not presently registered and therefore are not accountable for the work they do concerning engineering

activities. Almost all engineering activities worldwide are carried out by these people. [cf. in

the medical profession in Kenya all cadres of personnel doctors/ dentists, nurses, clinical officers and lab. technologists- are registered and therefore are accountable for the work

they do]

5. While degree courses have to be approved by ERB/EBK, the technical courses have no professional body to oversee its approval and implementation. In almost all countries

worldwide more so the most developed countries (UK, USA, Australia, New Zealand, Singapore, India, Malaysia, South Korea, South Africa, Nigeria, etc.,) - all cadres are registered

and governed by acts of parliament as shown above. Why not in Kenya? What is so special

about Kenya when it comes to Engineering Profession? 6. Almost all engineering activities require the input of all the engineering team (the scientist, the

engineer, the technologists, the technician and the crafts person) i.e. they all have a role to play

and therefore each must be accountable through an act of parliament.

7. At any moment there are over a million engineering projects going on in Kenya, can the less than 600 registered engineers be able to handle all of them? It will be interesting to hear what

the ERB/EBK officials say about this. This brings the question whether The National

Construction Authority Bill, 2011 can be implemented. In practice what is going on is that the

Engineering Technology persons do the work, including designs, and the registered engineer

merely signs the drawings and takes the credit and paid very heavily for just signing ( even

though he/she may not even know where the project is situated). This is exploitation of the

Engineering Technology persons. This is one of the main reason why the EBK officials would

not like the other cadres to be registered; the engineers have become very rich out of this

corrupt practice)

8. All the above will be solved by enacting the Engineering Technologists and Technician Bill No. 45.

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How EBK Officials are killing Engineering Profession in Kenya

2. The Engineering Profession is broadly divided into two categories: Engineering and Engineering Technology (see figure below). EBK Act does not recognize the engineering technology arm of the

engineering profession, and yet this is the most important arm of Engineering as far as development of the

country is concerned. Most countries, especially the Industrialized as well as the Newly Industrialized

Countries have included the Engineering Technology in the Acts that regulated engineering and therefore,

they register all the cadres that belong to the Engineering technology i.e. Engineering Technologists,

Engineering Technicians, and Engineering Crafts persons. As examples check the following countries:

South Africa - Engineering Council of South Africa (ECSA); Nigeria Council for the regulation of Engineering in Nigeria (COREN); UK Engineering Council; Australia Engineers Australia; New Zealand IPENZ; etc. among others.

3. The EBK registrar, from time to time, has place a paid-up advertisement in the newspapers advising

employers not to employ any engineer not registered with EBK.

4. The EBK registrar, from time to time, has placed a paid-up advertisement in the newspapers advising

parents and sponsors not to sponsor students to engineering courses in most public Universities, saying that

those courses have not been approved by EBK, and yet those courses have been approved by the various

University senates according to their respective acts. In fact the officials recognize only UoN where the

EBK officials graduated from.

5. When Masinde Muliro University and Egerton University students took the ERB to court in 2012 for not

recognizing their qualifications; they were defeated and the court ordered ERB to register all of them and

pay each of them KES 200,000/-. However, to date the formers graduates have never been registered nor

paid, instead the ERB officials applied to change the name from ERB to EBK and included a clause in the

act to be allowed to accredit engineering courses in Kenya. The question is what happens to those who had

graduated before 2012 when ERB was not allowed to accredit the courses. According to the EBK officials

those graduates will never be allowed to register, and further more they will never be allowed to engage in

any engineering activities i.e. they are considered to have not been trained at all; they are just form IV

holders, and yet the Government of Kenya the owner of EBK has spent a colossal amount of money training

these graduates who are denied registration by a body that is owned by the same Government!!!!!!!.

6. EBK officials have advised Commission for University Education (CUE) to make engineering courses to

take a long time to complete with too many subjects; BSc/BEng courses take seven (7) academic years to

complete while other courses take only four (4) years to complete. In other countries similar engineering

degree courses take a maximum of five (5) academic years to complete. The result of courses taking too

long is not conducive for students to be creative and innovative brain drain. Courses with too many

subjects leave no time for self-study and therefore, students cannot be creative and/or innovative. In the

Kenyan public (not private) universities the minimum number of subjects/units per week is eight (8) while

in other countries the maximum number of subjects/units per week is six (6), but most of them have only

five (5) subjects per week, thus leaving enough time for self-study by students. Why do we want to be

different? The EBK registrar will always answer this question by saying that our standards are very high.

But I wonder what these high standards bring to Kenya when our so called engineers build or supervise

roads that last for less than three years. The Chinese with low standards (this is according to the EBK

officials; in fact EBK would not like to register an engineer trained in China because the Chinese standards

are too low) make roads that can last for a very long time. So Kenyan standards are very high but can bring

bread on to the table; we even import tooth picks from China and yet our standards are too high!!!!!!!!!!. It

is a shame.

7. As if the duration of seven years is not enough the EBK is presently lobbying too extend the duration by

adding an extra four and half (4) academic years for internship before the engineering graduates can be

considered for registration as engineers and start practicing. This effectively means that for one to qualify as

an engineer one has to take at least eleven and half (11) academic years; those who study for non-

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engineering courses four (for Bachelor degree) plus two (for Masters degree) plus three (for PhD degree),

totaling nine (9) academic years. In there a parent who can allow this scenario. This is total discouragement

from studying for engineering course and therefore a recipe for killing the Engineering profession in Kenya;

this simply means that Kenya is not ready to develop. This is been done by the EBK officials with only one

motive to safeguard engineering consultancy jobs for the chosen few and to exploit the other three cadres

from the Engineering Technology arm of Engineering Profession.

8. The EBK officials have managed to convince the Government to allow them approve engineering courses

for all Universities at a very cost of KES 600,000/- per course. This is a very controversial affair where the

officials are exploiting Universities; they can reject courses several times before passing them and every

time the course is not passed it is returned with an extra KES 600,00/-. Sometimes courses can be retained at

the EBK offices for more than two years before they look at them. This is the case with the Multimedia

University of Kenya engineering courses which have been lying at the EBK offices since 2012; this year

(2014) will be the third year Multimedia University will not have an intake in engineering courses. One of

the main reasons is that EBK does not have the capacity to approve degree courses which have been drafted

by professors as most of their members are first degree holders. The officials do not care how long they take

to approve the courses they do not care whether Multimedia has an engineering intake, after all their aim is

to discourage engineering in Kenya without saying so. I strongly suggest that the approval be taken back to

CUE where the unit in charge of accreditation can deal with this issue; the unit can always co-opt qualified

people from Universities, industry and EBK to look at the courses. In this way the EBK will not get a

chance to blackmail universities.

9. EBK Act if implemented as it is will automatically stop any engineering activities in Kenya, and the

officials know it very well. This explains why the officials have never taken a step to implement the Act as

required i.e. arrest all those unregistered engineers engaged in engineering activities, otherwise all

manufacturing and engineering service industries where more than 99% unregistered engineers are

working will be forced to wind up; even all engineering university faculties where more than 85%

unregistered engineers are lecturing will be forced to close down, thus killing the Engineering Profession in

Kenya and bring development in Kenya to a stop. This Act should be thoroughly be analyzed with all

stakeholders present. Some sections of the EBK Act {article 16 a (iii), and article 46 (1)} are contrary to

Chapter four of the Constitution on the Bill of Rights; check on Chapter Four on the Bill of Rights article 36

(2) and article 24 (1) respectively.

10. EBK officials are actually barriers to Engineering Development and hence barriers to Industrial and

Technological development which is the heart of Economic Development for this country.

11. The most important resource any country has is her human resource, and if not nurtured properly we should

forget about economic development and growth. But what EBK officials are doing is to discourage students

from studying for engineering course, and therefore, passing a message to Kenyans that we are not ready for

development. This is pure economic sabotage and we all concerned (President, Deputy President, Cabinet

Secretaries and all senior administrators, MPs and all politicians and other leaders) to urgently take the

necessary actions to stop this heinous acts. This message is particularly addressed to the two Parliamentary

Committees on Infrastructure & Transport and Education to urgently invite the EBK officials and ask them

to answer all these allegations in the presence of other stakeholders.

12. Because of the aforementioned points parents fear to sponsor their children to study for Engineering

Courses, and instead opt to sponsor them to study for other non-engineering courses. This means that

eventually Engineering will die in Kenya.

13. The only solution to saving the Engineering Profession in Kenya is to enact the Engineering Technologists

and Technicians Bill, No 45 of 2012 which already has gone through the first reading in parliament. The bill

was sponsored by Hon. Dr. Kones. The bill is available in the internet via

http://www.kenyalaw.org/klr/index.php?id=98, KNA.No.45.

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Engineering Crafts person: A person who practices or is highly skilled in a craft; artisan.Capable of dealing with specific and well-

defined engineering problems and

activities

Engineering

Technician: Capable

of dealing with well-

defined engineering

problems and

activities

Engineering

Technologist:

Capable of dealing with

broadly- defined


and activities

Professional

Engineer: Capable of

dealing with complex


and activities

If enacted the Engineering Technologists and Technicians Bill will deal with these

three cadres

Presently EBK only

deals with this cadre

In general the engineer is supposed to take the scientist research findings theories and principles- then conceptualize them with the aim of coming up with new designs, new materials and systems to serve society

better (this is normally referred to as Industrial Research as opposed to Basic or Theoretical Research that is

carried out by Engineering Scientists). This means that the Engineers work is mainly in the office and in the labs to test the new designs/materials/systems developed then pass over to Engineering Technology personnel

for implementation. In this way the country can be able to develop and move forward technologically.

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Relationship among the Five Categories/Cadres of the Engineering Profession

a) The thick lines show the normal route from the Engineering Scientist to the Engineering Crafts Person. The basic/theoretical research findings (mainly theories and principles) are passed over the Engineer who

conceptualizes them and come out with new designs, new materials, new systems, etc., tests them in labs

(i.e. deals with Industrial Research) and pass them over to the Engineering Technologist for interpretation

and implementation. The implementation is carried out by the Engineering Technicians who deal with well-

defined engineering areas. The Engineering Technicians supervise Engineering Crafts Persons who are

skilled in specific areas of engineering. Example in a Building there various engineering sections with

specific trades e.g. Refrigeration and air-conditioning section can headed by Engineering Technician with

two Engineering Crafts persons one dealing with refrigeration and the other dealing with air-conditioning. The Engineering Technologist will be in-charge of the entire project i.e. the Building.

b) The thin lines show the alternative routes from the Engineering Scientist to the Engineering Crafts Persons. The basic/theoretical research findings (mainly theories and principles) can be passed over to the

Engineering Technologist who conceptualizes them and come out with new designs, new materials, new

systems, etc., tests them in labs and interprets them for implementation. The implementation can also be

passed over directly to the Engineering Crafts Persons who will be supervised directly by the Engineering

Technologist. The Engineer can also interpret his/her industrial research findings and pass over directly to

either the Engineering Technician or the Engineering Crafts Persons for implementation. In this case the

Engineer can directly supervise the project activities. The alternatives routes are possible when the project

activities are not complex. It should also be borne in mind that there is very little difference in education

and training between the Engineer and the Engineering Technologist. When the project is not big the

Engineer or Engineering Technologist can directly supervise Engineering Crafts Persons.

By Dr. Charles M.M. Ondieki

Tel: 0722705609/0772968753;

Email: [email protected]; [email protected]

[email protected]

Documents

Regulation and Registration of Engineering Profession and the Problem With the EBK