4. Engineers Act, No. 43 of 2011

This statute provides for the training, registration and licensing of engineers, the regulation and development of the practice of engineers.

Quick Link: http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%20530

· The Act repealed the Engineers Registration Act (Cap 530).

· This law that regulates engineers is important given that engineers (structural and civil engineers, electrical and mechanical engineers) are critical professionals in the construction sector, both in terms of providing their expertise and advice as well as obtaining the requisite approvals.

· Section 3 establishes the Engineers Board of Kenya (EBK) which under section 6 is empowered with the registration of engineers and firms, regulation of engineering professional services, setting of standards, development and practice of engineering.

· Section 7 of the Act also allows the Board to enter and inspect sites where construction, installation, erection, alteration, renovation, maintenance, processing or manufacturing works are in progress for the purpose of verifying that professional engineering services and works are undertaken by registered engineers; and standards and professional ethics and relevant health and safety aspects are observed; to determine the fees to be charged by professional engineers and firms for professional engineering services rendered from time to time; as well as develop, maintain and enforce the code of ethics for the engineers and regulate the conduct and ethics of engineering profession in general.

· The power of the Board to set fees charged can influence construction costs. Already, there are efforts to set the fees in this regard as recently proposed in the Engineers (Scale of Fees for Professional Engineering Services) Rules, 2022.

· Part III of the Act provides for the process and modalities of registering as an engineer and engineering consulting firms with the Engineers Board of Kenya (EBK).

· Part IV contains provisions relating to licensing and practice as engineers. Section 32 provides that a person shall not engage in the practice of engineering unless they have been issued with a licence.

· Section 34 prohibits unlicensed persons from charging or recovering charges for rendering professional engineering services.

· Section 45 of the Act provides that a licensed engineer commits the offence of professional misconduct if such person: deliberately fails to follow the standards of conduct and practice of the profession; commits gross negligence in the course of their professional duties; knowingly submits a document which is prepared by an unlicensed person; allows another person to practice in their name where such other person is unlicensed, is not in partnership with them, abuses authority or trust, lacks regard or concern for client’s needs or rights or shows incompetence or inability to render professional engineering services.

· Section 50(2) provides that a person who is not registered as a professional engineer or firm shall not be entitled to submit engineering plans, surveys, drawings, schemes, proposals, reports, designs or studies to any person or authority in Kenya.