6. Engineers (Scale of Fees for Professional Engineering Services) Rules, 2022

The Regulations seek to set a scale of fees chargeable by registered professional and consulting engineers.

Quick Link: https://new.kenyalaw.org/akn/ke/act/ln/2022/20/eng@2022-12-31

· These Regulations were published vide Legal Notice No. 20 of 2022 on 11 February 2022 and commenced operation starting 15 August 2022.

· They seek to set a scale of fees chargeable by registered professional and consulting engineers. The Engineers Board of Kenya is empowered under section 7 of the Engineers Act 2011 to set the fees chargeable by engineers.

· The Rules prescribe the minimum fees that may be charged by registered engineers, with charging below the minimum (undercutting) being a professional misconduct under Rules 5 and 39.

· The specific amounts to be charged by registered engineers for different works is set out in the Schedules to the Rules and is largely a percentage of the cost of works/project (in some cases reaching up to 10% of the project cost/cost of works).

· The effect of the Rules will be to escalate construction costs as engineers begin setting higher fees than is currently the case. This is likely to lead to an increase in house prices.