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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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Page 13 of 14
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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Page 14 of 14
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]