Regulation of Engineering Profession and the Problem With the EBK[Revised]

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Regulation 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

implementation of Engineering Profession 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 is broadly divided into two: Engineering arm and Engineering

Technology arm; the engineer falls under the Engineering arm while the other three cadres Engineering Technologists, Engineering Technicians and craft persons/artisans falls under the Engineering Technology arm.

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.

However, 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 points out and

analyses some of the shortcomings of the current EBK Act of 2011, and gives suggestions to the

necessary amendments to be made to include the Engineering Technology cadres, and also to be in

line with other international Engineering Professional Bodies.

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Why is Regulation of Engineering Profession necessary? Regulation of any Profession that touches 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 has five cadres (Engineering Scientists, Engineers, Engineering Technologists,

Engineering Technicians and craft persons/artisans), but only one cadre (Engineer) 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) but 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 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

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.

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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.

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

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

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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).

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.

Engineering Crafts person: A

person who practices or is highly skil

led 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

engineering problems

and activities

Professional

Engineer: Capable of

dealing with complex

engineering problems

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.

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

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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. According to this part the Engineering Technology Cadres are not supposed

to engage in any engineering activities in Kenya. THEN WHY TRAIN THEM? Registration with the

Board is thus a license to practice engineering in Kenya.

The EBK Act, therefore, urgently need to be amended to include the registration of the Engineering

Technologists, Engineering Technicians and Engineering Crafts persons (all who belong to the

Engineering Technology arm of the engineering Profession),and to in line with other international

engineering regulating bodies. For proper coordination all the cadres of the Engineering team should

be governed by one Act of Parliament.

The following EBK Act articles need to be examined and be amended accordingly 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 (iii) Is a corporate member of the Institution of Engineers of Kenya;

This sub-article should be amended since it contravenes Chapter 4 of the Bill of Rights article 36 (2)

of the Constitution of Kenya.

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.

Although a diploma is also a requirement for registration, holders of Diplomas from Kenya are not

presently accepted for registration by EBK. Worse still holders of Masters and PhD degrees are also not accepted for registration; EBK administration only considers 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 and Professors.

There should be a clear definition of:

a) Degree which degree is being referred to in the Act? Is it the first degree (BSc/BEng/BTech) or second degree (MSc/MEng/MTech) or third degree (PhD/DSc/DTech);

b) Diploma which diploma is being referred to in the Act? Is it the Technician qualification that is obtained after two to three years course after Form IV or an MSc qualification that is

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awarded in Eastern countries like Russia or a PhD degree from some countries where doctorate

degrees are called Diplomas

What procedures are followed when registering holders of Diploma, MSc/MEng/MTech degrees and

PhD holders obtained in 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.

This article was added when ERB was amended to EBK Act so as to include accreditation of

engineering courses at Universities; the EBK Act came into effect as from September 2012. However,

the new act did not take into consideration that engineering courses (which were not accredited by the

Act) were being offered at the Universities before September 2012. The Act should be amended to

include a transition clause to take care of courses that were offered before September 2012.

a) There are less than 1800 engineers registered by EBK, and yet more than 90% of the engineering personnel working in Kenya are not registered. The Act should do something

about this situation otherwise all Engineering departments/sections in Organizations will

close down.

b) If the Act is implemented as it is all engineering faculties in all Universities will close down since more than 85% of engineering lecturers are not registered. Most of these lecturers were

employed before this new act, and in any case the country does not have enough registered

engineers as required by the EBK Act.

Prohibition for the use of the term engineer by unregistered or unlicensed persons 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 should be amended as it contravenes Chapter 4 of the Bill of Rights article 24 (1) of the

Constitution of Kenya.

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.

Most organizations (especially SMEs) that carry on the business of engineering have no registered

engineer as per the EBK Act. This article should be amended otherwise these organizations will be

forced to close down any engineering activity if the Act is implemented as it is.

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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.

The Act should clearly define what constitutes professional engineering service or works, and how it differs from other engineering services or works.

(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.

(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

This article should be amended to take into consideration that more than 95% of engineers working

in Kenya are not registered, otherwise if implemented as it is they all be sacked, and therefore the

companies close down the sections carrying out engineering activities. The comments given for

article 47 also apply for this article

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 allowed to engage in any engineering activities in Kenya as per the

requirement of Part VI of the EBK ACT since they not licensed. This means that TVETA and NITA

courses should not be offered which will defeat the required ratio of 1:3:12:60 (Engineer:

Engineering Technologists: Engineering Technicians: Engineering Crafts persons) for proper

working of the Engineering Teams. It should be borne in mind that more than 98% of the

engineering activities in Kenya are carried out by the Engineering Technology personnel.

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 crafts persons are encouraged to upgrade

themselves to the grade of engineering technicians by acquiring a diplomas.

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The Difference between Engineeringand 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 acknowledge 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-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.

International Agreements Governing Mutual Recognition of Engineering There are three international agreements governing mutual recognition of engineering qualifications. 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. 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.

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.

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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, therefore, not universal.

Note: The EBK is not a member of the three international accords, and therefore any Kenyan registered abroad

will be denied registration by EBK.EBK should apply to be a member of the three international accords.

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. both engineering and engineering technology).

Some examples are given below:

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).

2. Nigeria: Council for the Regulation of Engineering in Nigeria (COREN), Act of No. 27 of 1992 The engineering profession in the Nigeria is regulated by the Council for the Regulation of Engineering in

Nigeria (COREN). The Council registers four categories or cadres:

(a) Registered engineers (Engr);

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

(c) registered engineering technicians (Tech); and

(d) registered engineering craftsmen (A registered engineering craftsmen uses his full title with his trade in

bracket under his name).

Transfer from one grade 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): Engineering Profession Act 46 of 2000

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.

Categories of registration

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

in the following professional registration categories:

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 (PrTech Eng), Professional Engineering Technician (PrTechni Eng), and Professional Certificated Engineer (Pr Cert Eng).

(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

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.

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.

And many others include USA, Singapore, and Malaysia etc.

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Some of the Reasons for Amending the EBK Act, 2011 1. The EBK as it is cannot be implemented because of the following reasons:

a. 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. 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?

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

requires that each of these students should be supervised in industry by a registered engineer.

More than 95% of the industries do not have registered engineers, meaning that we should not

take our students for industrial training and attachment.

c. The Act prohibits employers from employing people who are not registered by EBK to carry out engineering work. Such employer 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.

d. 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

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. 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. 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 in Kenya 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 all registered and therefore are accountable for the work they do]

4. If fully implemented as it is, EBK Act is a barrier to Engineering Development and hence barrier to Industrial and Technological development which is the heart of Economic Development for this

country.

5. 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, since any engineering activity is likely to affect the

safety and/or health and/or welfare of the public.

6. 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

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.

The people involved in the construction of these buildings are mainly from the Engineering Technology

arm of the Engineering Profession and who are not covered by any law that will make them accountable

for their actions.

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7. The Government has made a lot of effort to promote the middle-level technical manpower development by establishing TVETA and NITA; both these authorities and the NYS training Programs are dealing

with the technical and vocational training of the middle-level manpower that are extremely necessary if

this country has to achieve Vision 2030. Besides the Government has already established two technical

Universities Technical University of Kenya (TUK) and Technical University of Mombasa (TUM) for upward mobility of graduates from the TVETA, NITA and NYS. However, these efforts are being

undermined by the EBK Act which does not allow the graduates to engage in any engineering activities;

there is no provision in the EBK Act to register these graduates like in other countries. This is a serious

drawback to the Government.

8. EBK Act should be amended so as to include the Engineering Technology personnel, and register all other qualified engineers, engineering technologists, engineering technicians and crafts

persons/artisans working in industry and Universities.

Way Forward

From the foregoing it is very clear the Engineers Board of Kenya (EBK) is a prohibitive to economic

development of Kenya and therefore urgently requires amendments, so as to be in line with other

international professional bodies. In connection with this at least of the following articles should be

amended:

1. Article 2 of Part I: a. Clear definitions of Degree and Diploma should be given; degree or diploma is so general that

it allows one to swift goal posts when determining the criteria for registration. b. The definition given for Engineering services or works is so general that it does bring out a

clear difference between what one calls professional engineering and non-professional

engineering services or works.

2. Article 16 (a) (iii) contravenes the Constitution of Kenya article 36 (2) of Chapter 4 of the Bill of Rights (one cannot be forced to join a particular club). In connection to this issue article 11 (1) of ERB

Act Cap 530 can be used.

3. Article 18: a. License as one of qualification has been left out; in the ERB Act Cap 530 article 11 should be

used. License is accepted world over as a qualification for registration.

b. It has been noticed that only first degree BSc qualification is considered for registration by EBK; surprisingly Masters and PhD degrees are not considered 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 and Professors.

4. Article 45: a. This article was added when ERB was amended to EBK Act so as to include accreditation of

engineering courses at Universities; the EBK Act came into effect as from September 2012.

However, the new act did not take into consideration that engineering courses (which were not

accredited by the Act) were being offered at the Universities before September 2012. The Act

should be amended to include a transition clause to take care of courses that were offered before

September 2012, and what to do with holders of the same qualification.

b. There are less than 1800 engineers registered by EBK, and yet more than 95% of the engineering personnel working in Kenya are not registered. The Act should do something about

this situation otherwise all Engineering departments/sections in Organizations will close down.

c. If the Act is implemented as it is all engineering faculties in all Universities will close down since more than 85% of engineering lecturers are not registered. Most of these lecturers were

employed before this new act, and in any case the country does not have enough registered

engineers as required by the EBK Act.

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5. Article 46 (1) contravenes the Constitution of Kenya article 24 (1) of Chapter 4 of the Bill of Rights. If the terms engineer and engineers are protected under this Act, then what will the people who hold engineering degrees be called? The terms professional Engineer or Registered Engineer can be protected and not just engineer; this is the practice internationally.

6. Article 47 (1) Most organizations (especially SMEs) that carry on the business of engineering have no registered engineer as per the EBK Act. This article should be amended otherwise these organizations

will be forced to close down any engineering activity if the Act is implemented as it is. This problem

cannot be there if the many qualified engineers in the country were registered.

7. Article 48 (1) This article should be amended to take into consideration that more than 95% of engineers working in Kenya are not registered, otherwise if implemented as it is they will all be sacked,

and therefore the companies close down the sections carrying out engineering activities. The comments

given for article 47 also apply for this article

8. What is the implication of Part VI of the EBK ACT, and the removal of Technician Engineer Grade from the ACT?

a. 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 allowed to engage in any engineering activities in Kenya as

per the requirement of Part VI of the EBK ACT since they not licensed.

b. This means that TVETA and NITA courses should not be offered which will defeat the required ratio of 1:3:12:60 (Engineer: Engineering Technologists: Engineering Technicians: Engineering

Crafts persons) for proper working of the Engineering Teams. It should be borne in mind that

more than 98% of the engineering activities in Kenya are carried out by the Engineering

Technology personnel.

9. In summary: a. Part I (article 2) should be amended to properly and clearly define the qualifications and

professional services or works required by the Act, so that there is no confusion or the swift of

Goal Posts. b. Part III (articles 16 and 18), Part IV (article 31) and Part VI (articles 45, 46, 47, 48 and 49)

should be amended so as to include the Engineering Technologists, Engineering Technicians

and Engineering Crafts persons so as to be in line with other International Professional

Engineering Bodies. This also will be in line with our Medical Profession where all cadres are

governed by Acts of our Parliament.

Dr. Charles M.M. Ondieki P.O. Box 58274 -00200, Nairobi

Tel: 0722705609/0772968753;

Email: [email protected]; [email protected]

Documents

Regulation of Engineering Profession and the Problem With the EBK[Revised]