TECHNICAL UNIVERSITY OF KENYA

SCHOOL OF INFRASTRUCTURE AND RESOURCE ENGINEERING

DEPARTMENT OF CIVIL AND CONSTRUCTION ENGINEERING

EECQ 5291: Professional Engineering Practice

Notes

APRIL 2018
 Table of Contents
1.0 INTRODUCTION .............................................................................................................. 1
1.1.1. History of Science .............................................................................................................. 1
1.1.2. History of Usage of the Word Science .............................................................................. 2
1.1.3. Distinguished from Technology ........................................................................................ 3
1.1.4. Scientific Method ............................................................................................................... 4
1.1.5. Philosophy of Science ........................................................................................................ 5
1.1.6. Science, Pseudoscience and Nonscience ........................................................................... 7
1.1.7. Mathematics ....................................................................................................................... 8
1.2. Arts ..................................................................................................................................... 9
1.3. Engineering ...................................................................................................................... 10
1.3.1. Ancient Era....................................................................................................................... 12
1.3.2. Middle Era ........................................................................................................................ 12
1.3.3. Renaissance Era ................................................................................................................ 13
1.3.4. Modern Era....................................................................................................................... 13
1.3.5. Engineering in a Social Context ...................................................................................... 15
1.3.6. Cultural Presence ............................................................................................................. 16
1.3.7. Legislation ........................................................................................................................ 17
1.3.8. Relationships with Other Disciplines ............................................................................. 18
1.4. University ......................................................................................................................... 19
1.4.1. Early history ..................................................................................................................... 19
1.4.2. Medieval Universities ...................................................................................................... 20
1.4.3. Modern Universities ........................................................................................................ 21
1.5. Ethics and Integrity ......................................................................................................... 22
1.6. Professionalism................................................................................................................. 23
1.7. History of Agriculture ..................................................................................................... 26
1.7.1. Theory .............................................................................................................................. 28
1.7.2. Ancient Agriculture ......................................................................................................... 29
1.7.3. Sumerian Agriculture ...................................................................................................... 30
1.7.4. Chinese Agriculture ......................................................................................................... 31
1.7.5. Papuan Agriculture .......................................................................................................... 32
1.7.6. Indian Agriculture ........................................................................................................... 32
1.7.7. Roman Agriculture .......................................................................................................... 33
1.7.8. Mesoamerican Agriculture .............................................................................................. 33
1.7.9. Andean Agriculture ......................................................................................................... 33
1.7.10. Muslim Agricultural Revolution ..................................................................................... 34
1.7.11. Agriculture in the Middle Ages....................................................................................... 36
1.7.12. Renaissance Agriculture .................................................................................................. 36
1.7.13. British Agricultural Revolution ...................................................................................... 37

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 1.7.14. Recent History ................................................................................................................. 37
1.7.15. New Criticisms ................................................................................................................. 38
1.8. Industrialization ............................................................................................................... 38
1.8.1. Description ....................................................................................................................... 39
1.8.2. History .............................................................................................................................. 40
1.8.3. Industrial Revolution in Western Europe ...................................................................... 41
1.8.4. Early industrialization in other countries ...................................................................... 42
1.8.5. The Third World .............................................................................................................. 43
1.8.6. Petrol Producing Countries ............................................................................................. 44
1.8.7. Industrialization in Asia .................................................................................................. 44
1.8.8. Newly industrialized Countries ...................................................................................... 45
1.8.9. Consequences ................................................................................................................... 46
1.9. Vision 2030 ....................................................................................................................... 46
1.9.1. Context of Kenya Vision 2030......................................................................................... 46
1.9.2. How the Vision was Developed ...................................................................................... 48
1.9.3. Foundations for Kenya Vision 2030 ................................................................................ 50
1.9.4. The Economic Vision and Strategy ................................................................................. 54
1.9.5. The Social Strategy........................................................................................................... 62
1.9.6. The Political Pillar ........................................................................................................... 70
1.9.7. Implementing Vision 2030. ............................................................................................. 75
2.0. ENGINEERING PRACTICE AND EDUCATION .......................................................... 79
2.1. Engineers in Practice ....................................................................................................... 79
2.1.1. Engineering Practice in Kenya ........................................................................................ 88
2.2. Engineering Education and Training .............................................................................. 89
2.2.1. Engineering Education in Kenya .................................................................................... 90
2.3. Licensing of Engineers ..................................................................................................... 93
2.3.1. Engineers Board of Kenya Act of 2012 ........................................................................... 94
2.3.2. Regulation and Licensure in Engineering in different Countries ................................. 94
2.3.3. Registration and Regulation ............................................................................................ 95
2.4. Professional Societies ....................................................................................................... 98
3.0. ENGINEERING MANAGEMENT ................................................................................ 103
3.1. Introduction ................................................................................................................... 103
3.2. Human Resource Management ..................................................................................... 104
3.2.1 Definitions of HRM ....................................................................................................... 105
3.2.2 Nature of HRM............................................................................................................... 106
3.2.3 Scope of HRM ................................................................................................................ 106
3.2.4 Objectives of HRM......................................................................................................... 109
3.2.5 Functions of HRM.......................................................................................................... 112
3.2.6 Roles of HRM ................................................................................................................. 115

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 3.3. Financial Management .................................................................................................. 117
3.3.1 Budgeting........................................................................................................................ 118
3.3.2 Introduction to accounting............................................................................................ 118
3.3.3 Accounting ..................................................................................................................... 120
3.3.4 Methods of Accounting ................................................................................................. 125
3.3.5 Types of Accounting ...................................................................................................... 127
3.3.6 Distinction between Book-Keeping and Accounting .................................................. 129
3.3.7 Branches of Accounting................................................................................................. 129
3.4. Health and Safety ........................................................................................................... 131
4.0. PROFESSIONAL ETHICS ............................................................................................. 134
4.1. Constitution of Kenya .................................................................................................... 134
4.2. Public Officers Ethics Act ............................................................................................. 135
4.3. Conclusion ...................................................................................................................... 136
5.0. APPENDICES................................................................................................................. 138
5.1. The Engineers Act, 2012................................................................................................ 139
5.2. Engineering Technology ACT, 2016 ............................................................................. 177
5.3. The Universities (Amendment) Act, 2016.................................................................... 234
5.4. Conditions of Engagement of Engineers....................................................................... 257

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 1.0 INTRODUCTION

1.1. Science

Science (from the Latinscientia, meaning "knowledge" or "knowing") is the effort

to discover, and increase human understanding of how the physical world works.
Through controlled methods, scientists use observable physical evidence of
natural phenomena to collect data, and analyze this information to explain what
and how things work. Such methods include experimentation that tries to
simulate natural phenomena under controlled conditions and thought
experiments. Knowledge in science is gained through research.

The word science is derived from the Latin word scientia for knowledge, the

nominal form of the verb scire, "to know". The Proto-Indo-European (PIE) root

that yields scire is *skei-, meaning to "cut, separate, or discern". Other words from

the same root include

Sanskritchyati, "he cuts off", Greekschizo, "I split" (hence English schism,

schizophrenia),

Latin scindo, "I split" (hence English rescind). From the middle Ages to the

Enlightenment, science or scientia meant any systematic recorded knowledge.

Science therefore had the same sort of very broad meaning that philosophy had
at that time. In other languages, including French, Spanish, Portuguese, Italian,

Polish and Russian, the word corresponding to science also carries this meaning.

1.1.1. History of Science

While empirical investigations of the natural world have been described since
antiquity (for example, by Aristotle, Theophrastus and Pliny the Elder), and
scientific methods have been employed since the Middle Ages (for example, by
Ibn al-Haytham, Abū Rayhān al-Bīrūnī and Roger Bacon), the dawn of modern
science is generally traced back to the early modern period, during what is known

as the Scientific Revolution of the 16th and 17th centuries. The word scientist was

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 first coined by William Whewell in the 19th century. Previously, people
investigating nature called themselves natural philosophers.

1.1.2. History of Usage of the Word Science

Well into the eighteenth century, science and natural philosophy were not quite
synonymous, but only became so later with the direct use of what would become
known formally as the scientific method, which was earlier developed during the
Middle Ages and early modern period in Europe and the Middle East. Prior to the
18th century, however, the preferred term for the study of nature was natural
philosophy, while English speakers most typically referred to the study of the
human mind as moral philosophy. By contrast, the word "science" in English was
still used in the 17th century to refer to the Aristotelian concept of knowledge
which was secure enough to be used as a sure prescription for exactly how to do
something. In this differing sense of the two words, the philosopher John Locke

in An Essay Concerning Human Understanding wrote that "natural philosophy

[the study of nature] is not capable of being made a science".

By the early 1800s, natural philosophy had begun to separate from philosophy,

though it often retained a very broad meaning. In many cases, science continued

to stand for reliable knowledge about any topic, in the same way it is still used in
the broad sense in modern terms such as library science, political science, and

computer science. In the more narrow sense of science, as natural philosophy

became linked to an expanding set of well-defined laws (beginning with Galileo's

laws, Kepler's laws, and Newton's laws for motion), it became more popular to
refer to natural philosophy as natural science. Over the course of the nineteenth
century, moreover, there was an increased tendency to associate science with
study of the natural world (that is, the non-human world). This move sometimes
left the study of human thought and society (what would come to be called social
science) in a linguistic limbo by the end of the century and into the next.

Through the 19th century, many English speakers were increasingly

differentiating science (meaning a combination of what we now term natural and

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 biological sciences) from all other forms of knowledge in a variety of ways. The

now-familiar expression “scientific method,” which refers to the prescriptive part

of how to make discoveries in natural philosophy, was almost unused during the
early part of the 19th century, but became widespread after the 1870s, though
there was rarely totally agreement about just what it entailed. The word
"scientist," meant to refer to a systematically-working natural philosopher, (as
opposed to an intuitive or empirically-minded one) was coined in 1833 by William
Whewell. Discussion of scientists as a special group of people, who did science,
even if their attributes were up for debate, grew in the last half of the 19th century.
Whatever people actually meant by these terms at first, they ultimately depicted
science, in the narrow sense of the habitual use of the scientific method and the
knowledge derived from it, as something deeply distinguished from all other
realms of human endeavour.

By the twentieth century, the modern notion of science as a special brand of

information about the world, practiced by a distinct group and pursued through a
unique method was essentially in place. It was used to give legitimacy to a variety
of fields through such titles as "scientific" medicine, engineering, advertising, or
motherhood. Over the 1900s, links between science and technology also grew
increasingly strong.

1.1.3. Distinguished from Technology

By the end of the century, it is arguable that technology had even begun to eclipse
science as a term of public attention and praise. Scholarly studies of science have
begun to refer to "technoscience" rather than science or technology separately.
Meanwhile, such fields as biotechnology and nanotechnology are capturing the
headlines. One author has suggested that, in the coming century, "science" may
fall out of use, to be replaced by technoscience or even by some more exotic label
such as "techknowledgy."

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1.1.4. Scientific Method

The scientific method seeks to explain the events of nature in a reproducible way,
and to use these reproductions to make useful predictions. It is done through
observation of natural phenomena, and/or through experimentation that tries to
simulate natural events under controlled conditions. It provides an objective
process to find solutions to problems in a number of scientific and technological
fields.

Based on observations of a phenomenon, a scientist may generate a model. This is

an attempt to describe or depict the phenomenon in terms of a logical physical or
mathematical representation. As empirical evidence is gathered, a scientist can
suggest a hypothesis to explain the phenomenon. This description can be used to
make predictions that are testable by experiment or observation using the
scientific method. When a hypothesis proves unsatisfactory, it is either modified
or discarded.

While performing experiments, Scientists may have a preference for one outcome
over another, and it is important that this tendency does not bias their
interpretation. A strict following of the scientific method attempts to minimize
the influence of a scientist's bias on the outcome of an experiment. This can be
achieved by correct experimental design, and a thorough peer review of the
experimental results as well as conclusions of a study. Once the experiment results
are announced or published, an important cross-check can be the need to validate
the results by an independent party.

Once a hypothesis has survived testing, it may become adopted into the
framework of a scientific theory. This is a logically reasoned, self-consistent model
or framework for describing the behaviour of certain natural phenomena. A
theory typically describes the behaviour of much broader sets of phenomena than
a hypothesis—commonly, a large number of hypotheses can be logically bound
together by a single theory. These broader theories may be formulated using
principles such as parsimony (e.g., "Occam's Razor"). They are then repeatedly

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 tested by analysing how the collected evidence (facts) compares to the theory.
When a theory survives a sufficiently large number of empirical observations, it
then becomes a scientific generalization that can be taken as fully verified.

Despite the existence of well-tested theories, science cannot claim absolute

knowledge of nature or the behaviour of the subject or of the field of study due to
epistemological problems that are unavoidable and preclude the discovery or
establishment of absolute truth. Unlike a mathematical proof, a scientific theory
is empirical, and is always open to falsification, if new evidence is presented. Even
the most basic and fundamental theories may turn out to be imperfect if new
observations are inconsistent with them. Critical to this process is making every
relevant aspect of research publicly available, which allows ongoing review and
repeating of experiments and observations by multiple researchers operating
independently of one another. Only by fulfilling these expectations can it be
determined how reliable the experimental results are for potential use by others.

Isaac Newton's Newtonian law of gravitation is a famous example of an established

law that was later found not to be universal—it does not hold in experiments
involving motion at speeds close to the speed of light or in close proximity of
strong gravitational fields. Outside these conditions, Newton's Laws remain an
excellent model of motion and gravity. Since general relativity accounts for all the
same phenomena that Newton's Laws do and more, general relativity is now
regarded as a more comprehensive theory.

1.1.5. Philosophy of Science

The philosophy of science seeks to understand the nature and justification of

scientific knowledge. It has proven difficult to provide a definitive account of the
scientific method that can decisively serve to distinguish science from non-
science. Thus there are legitimate arguments about exactly where the borders are,
leading to the problem of demarcation. There is nonetheless a set of core precepts
that have broad consensus among published philosophers of science and within
the scientific community at large.

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Science is reasoned-based analysis of sensation upon our awareness. As such, the
scientific method cannot deduce anything about the realm of reality that is beyond
what is observable by existing or theoretical means. When a manifestation of our
reality previously considered supernatural is understood in the terms of causes and
consequences, it acquires a scientific explanation.

Some of the findings of science can be very counter-intuitive. Atomic theory, for
example, implies that a granite boulder which appears a heavy, hard, solid, grey
object is actually a combination of subatomic particles with none of these
properties, moving very rapidly in space where the mass is concentrated in a very
small fraction of the total volume. Many of humanity's preconceived notions
about the workings of the universe have been challenged by new scientific
discoveries. Quantum mechanics, particularly, examines phenomena that seem to
defy our most basic postulates about causality and fundamental understanding of
the world around us. Science is the branch of knowledge dealing with people and
the understanding we have of our environment and how it works.

There are different schools of thought in the philosophy of scientific method.

Methodological naturalism maintains that scientific investigation must adhere to
empirical study and independent verification as a process for properly developing
and evaluating natural explanations for observable phenomena. Methodological
naturalism, therefore, rejects supernatural explanations, arguments from
authority and biased observational studies. Critical rationalism instead holds that
unbiased observation is not possible and a demarcation between natural and
supernatural explanations is arbitrary; it instead proposes falsifiability as the
landmark of empirical theories and falsification as the universal empirical method.
Critical rationalism argues for the ability of science to increase the scope of
testable knowledge, but at the same time against its authority, by emphasizing its
inherent fallibility. It proposes that science should be content with the rational
elimination of errors in its theories, not in seeking for their verification (such as
claiming certain or probable proof or disproof; both the proposal and falsification

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 of a theory are only of methodological, conjectural, and tentative character in
critical rationalism). Instrumentalism rejects the concept of truth and emphasizes
merely the utility of theories as instruments for explaining and predicting
phenomena.

1.1.6. Science, Pseudoscience and Nonscience

Any established body of knowledge which masquerades as science in an attempt

to claim a legitimacy which it would not otherwise be able to achieve on its own
terms is not science; it is often known as fringe- or alternative science. The most
important of its defects is usually the lack of the carefully controlled and
thoughtfully interpreted experiments which provide the foundation of the natural
sciences and which contribute to their advancement. Another term, junk science,
is often used to describe scientific theories or data which, while perhaps legitimate
in themselves, are believed to be mistakenly used to support an opposing position.
There is usually an element of political or ideological bias in the use of the term.
Thus the arguments in favour of limiting the use of fossil fuels in order to reduce
global warming are often characterized as junk science by those who do not wish
to see such restrictions imposed, and who claim that other factors may well be the
cause of global warming. A wide variety of commercial advertising (ranging from
hype to outright fraud) would also fall into this category. Finally, there is just plain
bad science, which is commonly used to describe well-intentioned but incorrect,
obsolete, incomplete, or over-simplified expositions of scientific ideas.

The status of many bodies of knowledge as true sciences has been a matter of
debate. Discussion and debate abound in this topic with some fields like the social
and behavioural sciences accused by critics of being unscientific. Many groups of
people from academicians like Nobel Prize physicist Percy W. Bridgman, or Dick
Richardson, Ph.D.- Professor of Integrative Biology at the University of Texas at
Austin, to politicians like U.S. Senator Kay Bailey Hutchison and other co-
sponsors, oppose giving their support or agreeing with the use of the label
"science" in some fields of study and knowledge they consider non-scientific,

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 ambiguous, or scientifically irrelevant compared with other fields. Karl Popper
denied the existence of evidence and of scientific method. Popper holds that there
is only one universal method, the negative method of trial and error. It covers not
only all products of the human mind, including science, mathematics, philosophy,
art and so on, but also the evolution of life. He also contributed to the Positivism
dispute, a philosophical dispute between Critical rationalism (Popper, Albert) and
the Frankfurt School (Adorno, Habermas) about the methodology of the social
sciences.

1.1.7. Mathematics

Mathematics is essential to many sciences. One important function of mathematics

in science is the role it plays in the expression of scientific models. Observing and

collecting measurements, as well as hypothesizing and predicting, often require

extensive use of mathematics and mathematical models. Calculus may be the
branch of mathematics most often used in science, but virtually every branch of
mathematics has applications in science, including "pure" areas such as number
theory and topology. Mathematics is fundamental to the understanding of the
natural sciences and the social sciences, many of which also rely heavily on
statistics.

Statistical methods comprised of mathematical techniques for summarizing and

exploring data, allow scientists to assess the level of reliability and the range of
variation in experimental results. Statistical thinking also plays a fundamental role
in many areas of science.

Computational science applies computing power to simulate real-world situations,

enabling a better understanding of scientific problems than formal mathematics
alone can achieve. According to the Society for Industrial and Applied
Mathematics, computation is now as important as theory and experiment in
advancing scientific knowledge.

Whether mathematics itself is properly classified as science, has been a matter of

some debate. Some thinkers see mathematicians as scientists, regarding physical

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 experiments as inessential or mathematical proofs as equivalent to experiments.
Others do not see mathematics as a science, since it does not require an
experimental test of its theories and hypotheses. Mathematical theorems and
formulas are obtained by logical derivations which presume axiomatic systems,
rather than the combination of empirical observation and logical reasoning that
has come to be known as the scientific method. In general, mathematics is
classified as formal science, while natural and social sciences are classified as
empirical sciences.

1.2. Arts

Arts is such a broad topic that it would be impossible to go with just a single
definition. According to one of the definitions arts can be defined as: “Studies
intended to provide general knowledge and intellectual skills (rather than
occupational or professional skills); college of arts and sciences”. According to
another definition: “arts include the visual arts, literature (written and oral),
music, and theater arts.” Another way to try to define “arts” would be to say that
arts are anything that stems from human’s creative side. Any body of work that
expresses feelings symbolizes certain emotions such as love or hate or jealousy, as
well as works that show something that would be impossible to express through
mathematical formulas or originated in a beaker could be considered a part of arts,
as well.

Art itself is sometimes described as object(s) of work that can be found in

institutions associated with arts such as museums, galleries, theatres, dance stage,
libraries. Many people (artists) believe their creative side comes from something
that can’t be explained – it disputes logic and it seems to have no reason for its
existence – creative skills are rarely a consequence of a genetic makeup or a reason
of educational training. The facts are simple: you can teach some people to draw
or pound out piano keys to imitate art but you can’t teach anybody talent. Talent
is perhaps what separates skill from actual art but lots of people will argue that it
is impossible to define talent as well, and that someone may have talent but won’t

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 act upon it in a way that would take full advantage of such gift. There’s one
interesting definition of artistic ability that sums it up interestingly: “Talent is an
ability expressed by the Metaconscious mind, comprising mastery by the Self.
With further study and practice, this ability becomes anchored in the
Superconscious mind, where it can directly express the ensouling entity.

This deeper development of ability is referred to as a gift, genius, a spiritual power

or siddhi.” Even though this definition is not necessarily relevant or understood
by a majority of people, there’s something to it, namely, its puzzling explanation
in itself captures quite well what talent is and what purpose (or no purpose) it
serves as the essence of arts. But going back to the concept of arts itself and the
impossibility to pinpoint exactly what that concept means: it is perhaps a little
like what lots of people refer to as ”subconscious” – it comes from somewhere
within ourselves but perhaps from outside of ourselves – we don’t really
understand well what it means. So here’s what we know for sure: There’s no
common agreement about what arts mean exactly.

A one successful argument, however, says that arts communicate on different

levels and are open to a number of interpretations. If a person remembers a
particular work of art – be it a book, a dance, a painting, a musical piece – and
returns – in their mind or otherwise – to it frequently, then that same work of art
may communicate varied ways of its meaning, endlessly. It has served its purpose
whatever that purpose was. Great art pieces are said to be able to communicate
with people across different cultures and be able to stand the test of time, which
is could be the ultimate test for any of the arts and their (mystical) purpose.

1.3. Engineering

Engineering is the discipline and profession of applying technical and scientific

knowledge and utilizing natural laws and physical resources in order to design and
implement materials, structures, machines, devices, systems, and processes that
realize a desired objective and meet specified criteria. The American Engineers'

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Council for Professional Development (ECPD, the predecessor of ABET) has
defined engineering as follows:

“The creative application of scientific principles to design or develop structures,

machines, apparatus, or manufacturing processes, or works utilizing them singly
or in combination; or to construct or operate the same with full cognizance of
their design; or to forecast their behavior under specific operating conditions; all
as respects an intended function, economics of operation and safety to life and
property.”

One who practices engineering is called an engineer, and those licensed to do so

may have more formal designations such as European Engineer, Professional
Engineer, Chartered Engineer, or Incorporated Engineer. The broad discipline of
engineering encompasses a range of more specialized sub disciplines, each with a
more specific emphasis on certain fields of application and particular areas of
technology.

The concept of engineering has existed since ancient times as humans devised
fundamental inventions such as the pulley, lever, and wheel. Each of these
inventions is consistent with the modern definition of engineering, exploiting
basic mechanical principles to develop useful tools and objects.

The term engineering itself has a much more recent etymology, deriving from the
word engineer, which itself dates back to 1325, when an engineer (literally, one
who operates an engine) originally referred to “a constructor of military engines.”
In this context, now obsolete, an “engine” referred to a military machine, i.e., a
mechanical contraption used in war (for example, a catapult). The word “engine”
itself is of even older origin, ultimately deriving from the Latin ingenium, and
meaning “innate quality, especially mental power, hence a clever invention.”

Later, as the design of civilian structures such as bridges and buildings matured as
a technical discipline, the term civil engineering entered the lexicon as a way to
distinguish between those specializing in the construction of such non-military
projects and those involved in the older discipline of military engineering (the

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 original meaning of the word “engineering,” now largely obsolete, with notable
exceptions that have survived to the present day such as military engineering
corps, e. g., the U. S. Army Corps of Engineers).

1.3.1. Ancient Era

The Acropolis and the Parthenon in Greece, the Romana aqueducts, Via Appia
and the

Colosseum, the Hanging Gardens of Babylon, the Pharos of Alexandria, the

pyramids in Egypt, Teotihuacán and the cities and pyramids of the Mayan, Inca
and Aztec Empires, the Great Wall of China, among many others, stand as a
testament to the ingenuity and skill of the ancient civil and military engineers.

The earliest civil engineer known by name is Imhotep. As one of the officials of
the Pharaoh, Djosèr, he probably designed and supervised the construction of the
Pyramid of Djoser (the Step Pyramid) at Saqqara in Egypt around 2630-2611 BC.
He may also have been responsible for the first known use of columns in
architecture.

1.3.2. Middle Era

An Iraqi by the name of al-Jazari helped influence the design of today's modern
machines when sometime in between 1174 and 1200 he built five machines to
pump water for the kings of the Turkish Artuqid dynasty and their palaces. The
double-acting reciprocating piston pump was instrumental in the later
development of engineering in general because it was the first machine to
incorporate both the connecting rod and the crankshaft, thus, converting
rotational motion to reciprocating motion.

British Charter Engineer Donald Routledge Hill once wrote: “It is impossible to
over emphasize the importance of al-Jazari's work in the history of engineering;
it provides a wealth of instructions for the design, manufacture and assembly of
machines.

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 Even today some toys still use the cam-lever mechanism found in al-Jazari's
combination lock and automaton. Besides over 50 ingenuous mechanical devices,
al-Jazari also developed and made innovations to segmental gears, mechanical
controls, escapement mechanisms, clocks, robotics, and protocols for designing
and manufacturing methods.

1.3.3. Renaissance Era

The first electrical engineer is considered to be William Gilbert, with his 1600
publication of De Magnete, who was the originator of the term "electricity".

The first steam engine was built in 1698 by mechanical engineer Thomas Savery.
The development of this device gave rise to the industrial revolution in the coming
decades, allowing for the beginnings of mass production.

With the rise of engineering as a profession in the eighteenth century, the term
became more narrowly applied to fields in which mathematics and science were
applied to these ends. Similarly, in addition to military and civil engineering the
fields then known as the mechanic arts became incorporated into engineering.

1.3.4. Modern Era

Electrical Engineering can trace its origins in the experiments of Alessandro Volta
in the 1800s, the experiments of Michael Faraday, George Ohm and others and
the invention of the electric motor in 1872. The work of James Maxwell and
Heinrich Hertz in the late 19th century gave rise to the field of Electronics. The
later inventions of the vacuum tube and the transistor further accelerated the
development of Electronics to such an extent that electrical and electronics
engineers currently outnumber their colleagues of any other Engineering
specialty.

The inventions of Thomas Savery and the Scottish engineer James Watt gave rise
to modern Mechanical Engineering. The development of specialized machines
and their maintenance tools during the industrial revolution led to the rapid
growth of Mechanical Engineering both in its birthplace Britain and abroad.

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Even though in its modern form Mechanical engineering originated in Britain, its
origins trace back to early antiquity where ingenuous machines were developed
both in the civilian and military domains. The Antikythera mechanism, the
earliest known model of a mechanical computer in history, and the mechanical
inventions of Archimedes, including his death ray, are examples of early
mechanical engineering. Some of Archimedes' inventions as well as the
Antikythera mechanism required sophisticated knowledge of differential gearing
or epicyclic gearing, two key principles in machine theory that helped design the
gear trains of the Industrial revolution and are still widely used today in diverse
fields such as robotics and automotive engineering.

Chemical Engineering, like its counterpart Mechanical Engineering, developed in

the nineteenth century during the Industrial Revolution. Industrial scale
manufacturing demanded new materials and new processes and by 1880 the need
for large scale production of chemicals was such that a new industry was created,
dedicated to the development and large scale manufacturing of chemicals in new
industrial plants. The role of the chemical engineer was the design of these
chemical plants and processes.

Aeronautical Engineering deals with aircraft design while Aerospace Engineering

is a more modern term that expands the reach envelope of the discipline by
including spacecraft design. Its origins can be traced back to the aviation pioneers
around the turn of the century from the 19th century to the 20th although the
work of Sir George Cayley has recently been dated as being from the last decade
of the 18th century. Early knowledge of aeronautical engineering was largely
empirical with some concepts and skills imported from other branches of
engineering. Only a decade after the successful flights by the Wright brothers, the
1920s saw extensive development of aeronautical engineering through
development of World War I military aircraft. Meanwhile, research to provide
fundamental background science continued by combining theoretical physics
with experiments.

14
 The first PhD in engineering (technically, applied science and engineering)

awarded in the United States went to Willard Gibbs at Yale University in 1863; it
was also the second PhD awarded in science in the U.S.

In 1990, with the rise of computer technology, the first search engine was built by
computer engineer Alan Emtage.

1.3.5. Engineering in a Social Context

Engineering is a subject that ranges from large collaborations to small individual

projects. Almost all engineering projects are beholden to some sort of financing
agency: a company, a set of investors, or a government. The few types of
engineering that are minimally constrained by such issues are pro bono
engineering and open design engineering.

By its very nature engineering is bound up with society and human behaviour.
Every product or construction used by modern society will have been influenced
by engineering design. Engineering design is a very powerful tool to make changes
to environment, society and economies, and its application brings with it a great
responsibility, as represented by many of the Engineering Institutions codes of
practice and ethics. Whereas medical ethics is a well-established field with
considerable consensus, engineering ethics is far less developed, and engineering
projects can be subject to considerable controversy. Just a few examples of this
from different engineering disciplines are the development of nuclear weapons,
the Three Gorges Dam, the design and use of Sports Utility Vehicles and the
extraction of oil. There is a growing trend amongst western engineering
companies to enact serious Corporate and Social Responsibility policies, but many
companies do not have these.

Engineering is a key driver of human development. Sub-Saharan Africa in

particular has a very small engineering capacity which results in many African
nations being unable to develop crucial infrastructure without outside aid. The
attainment of many of the Millennium Development Goals requires the

15
 achievement of sufficient engineering capacity to develop infrastructure and
sustainable technological development.

1.3.6. Cultural Presence

Engineering is a well-respected profession. For example, in Canada it ranks as one

of the public's most trusted professions.

Sometimes engineering has been seen as a somewhat dry, uninteresting field in

popular culture, and has also been thought to be the domain of nerds. For example,
the cartoon character Dilbert is an engineer. One difficulty in increasing public
awareness of the profession is that average people, in the typical run of ordinary
life, do not ever have any personal dealings with engineers, even though they
benefit from their work every day. By contrast, it is common to visit a doctor at
least once a year, the chartered accountant at tax time, and, occasionally, even a
lawyer.

This has not always been so - most British school children in the 1950s were
brought up with stirring tales of 'the Victorian Engineers', chief amongst who
were the Brunels, the Stephenson’s, Telford and their contemporaries.

In science fiction engineers are often portrayed as highly knowledgeable and

respectable individuals who understand the overwhelming future technologies

often portrayed in the genre. The Star Trek characters Montgomery Scott, Geordi

La Forge, Miles O'Brien, B'Elanna Torres, and Charles Tucker are famous
examples.

Occasionally, engineers may be recognized by the "Iron Ring"- a stainless steel or

iron ring worn on the little finger of the dominant hand. This tradition began in
1925 in Canada for the Ritual of the Calling of an Engineer as a symbol of pride
and obligation for the engineering profession. Some years later in 1972 this
practice was adopted by several colleges in the United States. Members of the US
Order of the Engineer accept this ring as a pledge to uphold the proud history of
engineering.

16
 A Professional Engineer's name may be followed by the post-nominal letters PE
or P.Eng in North America. In much of Europe a professional engineer is denoted
by the letters IR, while in the UK and much of the Commonwealth the term
Chartered Engineer applies and is denoted by the letters CEng.

1.3.7. Legislation

In most Western countries, certain engineering tasks, such as the design of bridges,
electric power plants, and chemical plants, must be approved by a Professional
Engineer or a Chartered Engineer or an Incorporated Engineer.

Laws protecting public health and safety mandate that a professional must provide
guidance gained through education and experience. In the United States, each
state tests and licenses Professional Engineers. In much of Europe and the
Commonwealth professional accreditation is provided by Engineering
Institutions, such as the Institution of Civil Engineers from the UK. The
engineering institutions of the UK are some of the oldest in the world, and provide
accreditation to many engineers around the world. In Canada the profession in
each province is governed by its own engineering association. For instance, in the
Province of British Columbia an engineering graduate with 4 or more years of
experience in an engineering-related field will need to be registered by the
Association for Professional Engineers and Geoscientists [(APEGBC)] in order to
become a Professional Engineer and be granted the professional designation of P.
Eng.

The federal US government, however, supervises aviation through the Federal

Aviation

Regulations administrated by the Dept. of Transportation, Federal Aviation

Administration. Designated Engineering Representatives approve data for aircraft
design and repairs on behalf of the Federal Aviation Administration.

Even with strict testing and licensure, engineering disasters still occur. Therefore,
the Professional Engineer, Chartered Engineer, or Incorporated Engineer adheres

17
 to a strict code of ethics. Each engineering discipline and professional society
maintains a code of ethics, which the members pledge to uphold.

1.3.8. Relationships with Other Disciplines

There exists an overlap between the sciences and engineering practice; in

engineering, one applies science. Both areas of endeavour rely on accurate
observation of materials and phenomena. Both use mathematics and classification
criteria to analyse and communicate observations. Scientists are expected to
interpret their observations and to make expert recommendations for practical
action based on those interpretations. Scientists may also have to complete
engineering tasks, such as designing experimental apparatus or building
prototypes. Conversely, in the process of developing technology engineers
sometimes find themselves exploring new phenomena, thus becoming, for the
moment, scientists.

As stated by Fung et al. in the revision to the classic engineering text, Foundations
of Solid

Mechanics, "Engineering is quite different from science. Scientists try to

understand nature. Engineers try to make things that do not exist in nature.
Engineers stress invention. To embody an invention the engineer must put his
idea in concrete terms, and design something that people can use. That something
can be a device, a gadget, a material, a method, a computing program, an
innovative experiment, a new solution to a problem, or an improvement on what
is existing. Since a design has to be concrete, it must have its geometry,
dimensions, and characteristic numbers. Almost all engineers working on new
designs find that they do not have all the needed information. Most often, they
are limited by insufficient scientific knowledge. Thus they study mathematics,
physics, chemistry, biology and mechanics. Often they have to add to the sciences
relevant to their profession. Thus engineering sciences are born."

18
1.4. University

A university is an institution of higher education and research, which grants

academic degrees in a variety of subjects. A university provides both

undergraduate education and postgraduate education. The word university is

derived from the Latin universitas magistrorum et scholarium, roughly meaning

"community of teachers and scholars".

1.4.1. Early history

The original Latin word "universitas", first used in time of renewed interest in
Classical

Greek and Roman tradition, tried to reflect this feature of the Academy of Plato
(established 385 BC). The term "academia" is sometimes extended to a number of
educational institutions of non-Western antiquity, including China, India and
Persia:

• Academies such as Shang Hsiang, and later Taixue and Guozijian, succeeded by
the medieval Academies of Classical Learning
• Taxila in Gandhara and the Buddhist Nalanda University in Bihar, India (5th
century BC)
• The Sassanid Academy of Gundishapur was founded in the 5th century.

The University of Constantinople, founded as an institution of higher learning in

425 and reorganized as a corporation of students in 849 by the regent Bardas of
emperor Michael III, is considered by some to be the earliest institution of higher
learning with some of the characteristics we associate today with a university
(research and teaching, autoadministration, academic independence, et cetera). If
a university is defined as "an institution of higher learning" then it is preceded by
several others, including the Academy that it was founded to compete with and
eventually replaced. If the original meaning of the word is considered "a
corporation of students" then this could be the first example of such an institution.

19
 If the definition of a university is assumed to mean an institution of higher
education and research which issues academic degrees at all levels (bachelor,
master and doctorate) like in the modern sense of the word, then the medieval

Madrasahs known as Jami'ah ("university" in Arabic) founded in the 9th century

would be the first examples of such an institution. The University of Al Karaouine

in Fez, Morocco is thus recognized by the Guinness Book of World Records as the
oldest degree-granting university in the world with its founding in 859 by Fatima
al-Fihri. Also in the 9th century, Bimaristan medical schools were founded in the
medieval Islamic world, where medical degrees and diplomas were issued to
students of Islamic medicine who were qualified to be a practicing Doctor of

Medicine. Al-Azhar University, founded in Cairo, Egypt in 975, was a Jami'ah

university which offered a variety of post-graduate degrees (Ijazah), and had

individual faculties for a theological seminary, Islamic law and jurisprudence,

Arabic grammar, Islamic astronomy, early Islamic philosophy, and logic in Islamic
philosophy.

1.4.2. Medieval Universities

The first higher education institution in medieval Europe was the University of
Constantinople, followed by the University of Salerno (9th century), the Preslav
Literary School and Ohrid Literary School in the Bulgarian Empire (9th century).
The first degreegranting universities in Europe were the University of Bologna
(1088), the University of Paris (c. 1150, later associated with the Sorbonne), the
University of Oxford (1167), the University of Cambridge (1209), the University
of Salamanca (1218), the University of Montpellier (1220), the University of Padua
(1222), the University of Naples Federico II (1224), and the University of Toulouse
(1229).Some scholars such as George Makdisi, John Makdisi and Hugh Goddard
argue that these medieval universities were influenced in many ways by the
medieval Madrasah institutions in Islamic Spain, the Emirate of Sicily, and the
Middle East (during the Crusades).

20
 The earliest universities in Western Europe were developed under the aegis of the
Catholic Church, usually as cathedral schools or by papal bull as Studia Generali
(NB: The development of cathedral schools into Universities actually appears to
be quite rare, with the

University of Paris being an exception), later they were also founded by Kings
(Charles University in Prague, Jagiellonian University in Krakow) or municipal
administrations (University of Cologne, University of Erfurt). In the early
medieval period, most new universities were founded from pre-existing schools,
usually when these schools were deemed to have become primarily sites of higher
education. Many historians state that universities and cathedral schools were a
continuation of the interest in learning promoted by monasteries.

In Europe, young men proceeded to university when they had completed their
study of the trivium–the preparatory arts of grammar, rhetoric, and dialectic or
logic–and the quadrivium: arithmetic, geometry, music, and astronomy.

Outside of Europe, there were many notable institutions of learning throughout

history. In

China, there was the famous Hanlin Academy, established during the Tang
Dynasty (618-907 AD), and was once headed by the Chancellor Shen Kuo (1031-
1095), a famous Chinese scientist, inventor, mathematician, and statesman.

1.4.3. Modern Universities

The end of the medieval period marked the beginning of the transformation of
universities that would eventually result in the modern research university. Many
external influences, such as eras of humanism, Enlightenment, Reformation, and
revolution, shaped research universities during their development.

By the 18th century, universities published their own research journals, and by
the 19th century, the German and the French university models had arisen. The
German, or Humboldt an model, was conceived by Wilhelm von Humboldt and
based on Friedrich Schleiermacher’s liberal ideas pertaining to the importance of

21
 freedom, seminars, and laboratories in universities. The French university model
involved strict discipline and control over every aspect of the university.

Until the 19th century, religion played a significant role in university curriculum;
however, the role of religion in research universities decreased in the 19th
century, and by the end of the 19th century, the German university model had
spread around the world. Universities concentrated on science in the 19th and
20th centuries and become increasingly accessible to the masses. In Britain the
move from industrial revolution to modernity saw the arrival of new civic
universities with an emphasis on science and engineering. The British also
established universities worldwide, and higher education became available to the
masses not only in Europe. In a general sense, the basic structure and aims of
universities have remained constant over the years.

1.5. Ethics and Integrity

Is a branch of philosophy that deals with morality. Ethics is concerned with

distinguishing between good and evil in the world, between right and wrong
human actions, and between virtuous and non-virtuous characteristics of people
while integrity is the quality of being honest and having strong moral principles;
moral uprightness. It is generally a personal choice to uphold oneself to consistent
moral and ethical standards.

Ethics can be said to be a set of concepts that guide us in determining what

behaviour helps or harms sentient creatures.

There are three areas of Ethics:

i. Meta-Ethics

It’s concerned the theoretical meaning and reference of moral preposition, and
how their truth values can be determined.

ii. Normative Ethics

It’s concerned the practical means of determining a moral course of action.

22
 iii. Applied Ethics

It’s concerned with what a person is obligated to do in a specific situation or a

particular domain of action.

1.6. Professionalism

This is the conduct aims, or qualities that characterize or mark a profession or a

professional person. We can say also is the skills, good judgment, and polite
behaviour that is expected from a person who is expected to do a job well.

A professional is a member of a profession. It describes the standards of education

and training that require members of the profession with the particular knowledge
and skills necessary to perform of the profession

Profession is a calling requiring specialized knowledge and often long and intense
academic preparation.

23
 Problem Sheet 1 1

1. What were your earliest impressions of the engineering profession?

2. Why did you, or why did you not, chose Civil Engineering as your first
choice?
3. Briefly define the following terms:
i. University
ii. Engineering
iii. Science
iv. Agriculture
v. Civil Engineering
vi. Electronic Engineering
vii. Telecommunication Engineering
viii. Instrumentation and control Engineering
ix. Power systems Engineering
x. Computer systems Engineering
xi. Mechanical Engineering
xii. Geospatial Engineering

4. What are the difference between Science and Engineering

5. What is Philosophy of Science?

6. What are Methodological Naturalism and Critical Rationalism?

7. What are Pseudoscience and Nonscience?

8. What are the major functions of Mathematics in Science?

9. List the branches of Engineering covering the alphabet, i.e. from A to Z. that is,
for example, Architecture, Biology, Chemical…, Zoology.
10. What is the relationship between the number of Engineers and the development
level of the country?

11. Why were Land Grant University established in the USA?

12. What is Professionalism?

13. What is Ethics?

24
 References

1. Science, Engineering, University.

2. Www.wikipedia.org
3. Arts. Www.ringsurf.org

25
1.7. History of Agriculture

Agriculture was developed at least 10,000 years ago, and it has undergone
significant developments since the time of the earliest cultivation. Evidence points
to the Fertile Crescent of the Middle East as the site of the earliest planned sowing
and harvesting of plants that had previously been gathered in the wild.

Independent development of agriculture occurred in northern and southern

China, Africa's Sahel, New Guinea and several regions of the Americas.
Agricultural practices such as irrigation, crop rotation, fertilizers, and pesticides
were developed long ago but have made great strides in the past century. The
Haber-Bosch method for synthesizing ammonium nitrate represented a major
breakthrough and allowed crop yields to overcome previous constraints. In the
past century agriculture has been characterized by enhanced productivity, the
substitution of labour for synthetic fertilizers and pesticides, selective breeding,
mechanization, water pollution, and farm subsidies. In recent years there has been
a backlash against the external environmental effects of conventional agriculture,
resulting in the organic movement.

Identifying the exact origin of agriculture remains problematic because the

transition from hunter-gatherer societies began thousands of years before the
invention of writing. Nonetheless, archaeobotanists/paleoethnobotanists have
traced the selection and cultivation of specific food plant characteristics, such as a
semi-tough rachis and larger seeds, to just after the Younger Dryas (about 9,500
BC) in the early Holocene in the Levant region of the Fertile Crescent. There is
earlier evidence for use of wild cereals: anthropological and archaeological
evidence from sites across Southwest Asia and North Africa indicate use of wild
grain (e.g., from the ca. 20,000 BC site of Ohalo II in Israel, many Natufian sites in
the Levant and from sites along the Nile in the 10th millennium BC). There is
even evidence of planned cultivation and trait selection: grains of rye with
domestic traits have been recovered from Epi-Palaeolithic (10,000+ BC) contexts
at Abu Hureyra in Syria, but this appears to be a localised phenomenon resulting

26
from cultivation of stands of wild rye, rather than a definitive step towards
domestication. It isn't until after 9,500 BC that the eight so-called founder crops
of agriculture appear: first emmer and einkorn wheat, then hulled barley, peas,
lentils, bitter vetch, chick peas and flax. These eight crops occur more or less
simultaneously on PPNB sites in the Levant, although the consensus is that wheat
was the first to be sown and harvested on a significant scale.

"Mehrgarh, one of the most important Neolithic (7000 BC to 3200 BC) sites in
archaeology, lies on the Kachi plain of Baluchistan, Pakistan, and is one of the
earliest sites with evidence of farming (wheat and barley) and herding (cattle,
sheep and goats) in South Asia.

By 7000 BC, sowing and harvesting reached Mesopotamia and there, in the fertile
soil just north of the Persian Gulf, Sumerians systematized it and scaled it up. By
6000 BC farming was entrenched on the banks of the Nile River. About this time,
agriculture was developed independently in the Far East, probably in China, with
rice rather than wheat as the primary crop. Maize was first domesticated, probably
from teosinte, in the Americas around 30002700 BC, though there is some
archaeological evidence of a much older development. The potato, the tomato, the
pepper, squash, several varieties of bean, and several other plants were also
developed in the New World, as was quite extensive terracing of steep hillsides in
much of Andean South America. Agriculture was also independently developed
on the island of New Guinea.

In Europe, there is evidence of emmer and einkorn wheat, barley, sheep, goats and
pigs that suggest a food producing economy in Greece and the Aegean by 7000
BC. Archaeological evidence from various sites on the Iberian Peninsula suggest
the domestication of plants and animals between 6000 and 4500 BC. Céide Fields
in Ireland, consisting of extensive tracts of land enclosed by stone walls, date to
5500 BC and are the oldest known field systems in the world. By 5000 BC,
domesticated horses were found in the Ukraine. Agriculture was in northern
Europe by 4000 BC.

27
 In China, rice and millet were domesticated by 8000 BC, followed by the beans
mung, soy and azuki. In the Sahel region of Africa local rice and sorghum were
domestic by 5000 BC. Local crops were domesticated independently in West
Africa and possibly in New Guinea and Ethiopia. Evidence of the presence of
wheat and some legumes in the 6th millennium BC have been found in the Indus
Valley. Oranges were cultivated in the same millennium. The crops grown in the
valley around 4000 BC were typically wheat, peas, sesame seed, barley, dates and
mangoes. By 3500 BC cotton growing and cotton textiles were quite advanced in
the valley. By 3000 BC farming of rice had started. Other monsoon crops of
importance of the time were cane sugar. By 2500 BC, rice was an important
component of the staple diet in well stocked potato

1.7.1. Theory

The reasons for the development of farming may have included climate change,
but possibly there were also social reasons (e.g., accumulation of food surplus for
competitive gift-giving as in the Pacific Northwest potlatch culture). Most likely
there was a gradual transition from hunter-gatherer to agricultural economies
after a lengthy period during which some crops were deliberately planted and
other foods were gathered in the wild. Although localised climate change is the
favoured explanation for the origins of agriculture in the Levant, the fact that
farming was 'invented' at least three times elsewhere, and possibly more, suggests
that social reasons may have been instrumental.

When major climate change took place after the last ice age c.11, 000 BC much of
the earth became subject to long dry seasons. These conditions favoured annual
plants which die off in the long dry season, leaving a dormant seed or tuber. These
plants tended to put more energy into producing seeds than into woody growth.
An abundance of readily storable wild grains and pulses enabled hunter-gatherers
in some areas to form the first settled villages at this time.

There are several theories as to what drove populations to take up agriculture:

28
 • The Oasis Theory which was original proposed by Raphael Pumpelly in 1908,
but popularized by Vere Gordon Childe in 1928 and summarised in his book

Man Makes Himself[5] This theory maintains that as the climate got drier,
communities contracted to oases where they were forced into close association
with animals which were then domesticated together with planting of seeds.
It has little support now as the climate data for the time does not support the
theory.
• The Hilly Flanks hypothesis. Proposed by Robert Braidwood in 1948, it
suggests that agriculture began in the hilly flanks of the Taurus and Zagros
mountains, and that it developed from intensive focused grain gathering in the
region.
• The Feasting model by Bryan Hayden suggests that agriculture was driven by
ostentatious displays of power, such as throwing feasts to exert dominance.
This required assembling large quantities of food which drove agricultural
technology.
• The Demographic theories proposed by Carl Sauer and adapted by Lewis
Binford and Kent Flannery. This leads from an increasingly sedentary
population, expanding up to the carrying capacity of the local environment,
and requiring more food than can be gathered. Various social and economic
factors help drive the need for food.
• The evolutionary/intentionality theory. As proposed by those such as David
Rindos the idea that agriculture is an evolutionary adaptation of plants and
humans. Starting with domestication by protection of wild plants, followed
specialisation of location and then domestication.

1.7.2. Ancient Agriculture

By the Bronze Age, wild food contributed a nutritionally insignificant component

to the usual diet. If the operative definition of agriculture includes large scale

intensive cultivation of land, mono-cropping, organized irrigation, and use of a

specialized labour force, the title "inventors of agriculture" would fall to the

29
Sumerians, starting ca. 5,500 BC. Intensive farming allows a much greater density
of population than can be supported by hunting and gathering, and allows for the
accumulation of excess product for off-season use, or to sell/barter. The ability of
farmers to feed large numbers of people whose activities have nothing to do with
agriculture was the crucial factor in the rise of standing armies. Sumerian
agriculture supported a substantial territorial expansion which along with
internecine conflict between cities, made them the first empire builders. Not long
after, the Egyptians, powered by farming in the fertile Nile valley, achieved a
population density from which enough warriors could be drawn for a territorial
expansion more than tripling the Sumerian empire in area.

1.7.3. Sumerian Agriculture

In Sumer, barley was the main crop, but wheat, flax, dates, apples, plums, and
grapes were grown as well. Mesopotamia was blessed with flooding from the Tigris
and Euphrates rivers, but floods came in late spring or early summer from snow
melting from the Turkish mountains. This, along with salt deposits in the soil,
made farming in Mesopotamia difficult. Sheep and goats were also domesticated,
kept mainly for meat and milk, butter and cheese being made from the latter. Ur,
a large town that covered about 50 acres (20 hectares), had 10,000 animals kept in
sheepfolds and stables and 3,000 slaughtered every year. The city's population of
6,000 included a labour force of 2,500, cultivated 3,000 acres (12 km²) of land. The
labour force contained storehouse recorders, work foremen, overseers, and
harvest supervisors to supplement labourers. Agricultural produce was given to
temple personnel, important people in the community, and small farmers.

The land was ploughed by teams of oxen pulling light unwheeled ploughs and
grain was harvested with sickles in the spring. Wagons had solid wheels covered
by leather tires kept in position by copper nails and were drawn by oxen and the
Syrian on ager (now extinct). Animals were harnessed by collars, yokes, and
headstalls. They were controlled by reins, and a ring through the nose or upper
lip and a strap under the jaw. As many as four animals could pull a wagon at one

30
time. Though some hypothesize that Domestication of the horse occurred as early
as 4000 BC in the Ukraine, the horse was definitely in use by the Sumerians around
2000 BC.

1.7.4. Chinese Agriculture

History of Chinese agriculture has been traced to the pre-historic Xianrendong

Relics and Diaotonghuan Relics (c. 12 0000 BC-7500 BC).Chinese historical and
governmental records of the Warring States (481 BC-221 BC), Qin Dynasty (221
BC-207 BC), and Han Dynasty (202 BC-220 AD) eras allude to the use of complex
agricultural practices, such as a nationwide granary system and widespread use of
sericulture. However, the oldest extant Chinese book on agriculture is the
ChiminYaoshu of 535 AD, written by JiaSixia. Although much of the literature of
the time was elaborate, flowery, and allusive, Jia's writing style was very
straightforward and lucid, a literary approach to agriculture that later Chinese
agronomists after Jia would follow, such as Wang Zhen and his ground breaking

NongShu of 1313 AD. Jia's book was also incredibly long, with over one hundred
thousand written Chinese characters, and quoted 160 other Chinese books that
were written previously (but no longer survive). The contents of Jia's 6th century
book include sections on land preparation, seeding, cultivation, orchard
management, forestry, and animal husbandry. The book also includes peripherally
related content covering trade and culinary uses for crops.

For agricultural purposes, the Chinese had innovated the hydraulic-powered trip
hammer by the 1st century BC. Although it found other purposes, its main
function to pound, decorticate, and polish grain that otherwise would have been
done manually. The Chinese also innovated the square-pallet chain pump by the
1st century AD, powered by a waterwheel or an oxen pulling a on a system of
mechanical wheels. Although the chain pump found use in public works of
providing water for urban and palatial pipe systems, it was used largely to lift
water from a lower to higher elevation in filling irrigation canals and channels for
farmland.

31
1.7.5. Papuan Agriculture

Ancient Papuans are thought to have begun practicing agriculture around 7000
BC. They began domesticating sugarcane and root crops. Pigs may also have been
domesticated around this time. By 3000 BC, Papuan agriculture was characterized
by water control for irrigation.

1.7.6. Indian Agriculture

Wheat, barley and jujube were domesticated in the Indian subcontinent by 9000
BCE; Domestication of sheep and goat soon followed. Barley and wheat
cultivation-along with the domestication of cattle, primarily sheep and goat-
continued in Mehrgarh culture by 80006000 BCE.

This period also saw the first domestication of the elephant. Agro pastoralism in
India included threshing, planting crops in rows-either of two or of six-and storing
grain in granaries. By the 5th millennium BCE agricultural communities became
widespread in Kashmir. Cotton was cultivated by the 5th millennium BCE-4th
millennium BCE.

Archaeological evidence indicates that rice was a part of the Indian diet by 8000
BCE. The Encyclopaedia Britannica-on the subject of the first certain cultivated
rice-holds that:

Many cultures have evidence of early rice cultivation, including China, India, and
the civilizations of Southeast Asia. However, the earliest archaeological evidence
comes from central and eastern China and dates to 7000–5000 BC.

Irrigation was developed in the Indus Valley Civilization by around 4500 BCE.
The size and prosperity of the Indus civilization grew as a result of this innovation,
which eventually led to more planned settlements making use of drainage and
sewers. Archaeological evidence of an animal-drawn plough dates back to 2500
BC in the Indus Valley Civilization.

32
1.7.7. Roman Agriculture

Romans agriculture built off techniques pioneered by the Sumerians, with a

specific emphasis on the cultivation of crops for trade and export. Romans laid the
groundwork for the manorial economic system, involving serfdom, which
flourished in the Middle Ages.

1.7.8. Mesoamerican Agriculture

In Mesoamerica, the Aztecs were some of the most innovative farmers of the
ancient world and farming provided the entire basis of their economy. The land
around Lake Texcoco was fertile but not large enough to produce the amount of
food needed for the population of their expanding empire. The Aztecs developed
irrigation systems, formed terraced hillsides, and fertilized their soil. However,

their greatest agricultural technique was the chinampa or artificial islands also

known as "floating gardens". These were used to make the swampy areas around
the lake suitable for farming. To make chinampas, canals were dug through the
marshy islands and shores, then mud was heaped on huge mats made of woven
reeds. The mats were anchored by tying them to posts driven into the lake bed
and then planting trees at their corners that took root and secured the artificial
islands permanently. The Aztecs grew corn, squash, vegetables, and flowers on
chinampas.

1.7.9. Andean Agriculture

The Andean civilizations were predominantly agricultural societies; the Incas took
advantage of the ground, conquering the adversities like the Andean area and the
in clemencies of the weather. The adaptation of agricultural technologies that
already were used previously, allowed the Incas to organize the production a
diversity of products of the coast, mountain and jungle, so them could be able to
redistribute to villages that did not have access to other regions. The technological
achievements reached to agricultural level, had not been possible without the
workforce that was at the disposal of the Sapa Inca, as well as the road system that

33
 was allowing to store adequately the harvested resources and to distribute them
for all the territory.

1.7.10. Muslim Agricultural Revolution

From the 8th century, the medieval Islamic world witnessed a fundamental
transformation in agriculture known as the "Muslim Agricultural Revolution",
"Arab Agricultural

Revolution", or "Green Revolution". Due to the global economy established by

Muslim traders across the Old World during the "Afro-Asiatic age of discovery"
or "Pax Islamica", this enabled the diffusion of many crops, plants and farming
techniques between different parts of the Islamic world, as well as the adaptation
of crops, plants and techniques from beyond the Islamic world, distributed
throughout Islamic lands which normally would not be able to grow these crops.
These techniques included crop rotation, irrigation and pest control. Some have
referred to the diffusion of numerous crops during this period as the "Globalisation
of Crops" ,which, along with increased mechanization of agriculture, led to major
changes in economy, population distribution, vegetation cover, agricultural
production and income, population levels, urban growth, the distribution of the
labour force, linked industries, cooking and diet, clothing, and numerous other
aspects of life in the Islamic world.

Serfdom became widespread in Eastern Europe in the Middle Ages. Medieval

Europe owed much of its development to advances made in Islamic areas (see
Islamic contributions to Medieval Europe), which flourished culturally and
materially while Europe and other Roman and Byzantine administered lands
entered an extended period of social and economic stagnation. As early as the
ninth century, an essentially modern agricultural system became central to
economic life and organization in the Arab caliphates, replacing the largely export
driven Roman model. The great cities of the Near East, North Africa and Moorish
Spain were supported by elaborate agricultural systems which included extensive
irrigation based on knowledge of hydraulic and hydrostatic principles, some of

34
which were continued from Roman times. In later centuries, Persian Muslims
began to function as a conduit, transmitting cultural elements, including advanced
agricultural techniques, into Turkic lands and western India. The Muslims
introduced what was to become an agricultural revolution based on four key areas:

• Development of a sophisticated system of irrigation using machines such as

norias, water mills, water raising machines, dams and reservoirs. With such
technology they managed to greatly expand the exploitable land area.
• The adoption of scientific approach to farming enabled them to improve
farming techniques derived from the collection and collation of relevant
information throughout the whole of the known world. Farming manuals
were produced in every corner of the Muslim world detailing where, when
and how to plant and grow various crops. Advanced scientific techniques
allowed leaders like Ibn al-Baytar to introduce new crops and breeds and
strains of livestock into areas where they were previously unknown.
• Incentives based on a new approach to land ownership and labourers' rights,
combining the recognition of private ownership and the rewarding of
cultivators with a harvest share commensurate with their efforts. Their
counterparts in Europe struggled under a feudal system in which they were
almost slaves (serfs) with little hope of improving their lot by hard work.
• The introduction of new crops transforming private farming into a new global
industry exported everywhere, including Europe, where farming was mostly
restricted to wheat strains obtained much earlier via central Asia. Spain
received what she in turn transmitted to the rest of Europe; many agricultural
and fruit-growing processes, together with many new plants, fruit and
vegetables. These new crops included sugar cane, rice, citrus fruit, apricots,
cotton, artichokes, aubergines, and saffron. Others, previously known, were
further developed. Muslims also brought to that country lemons, oranges,
cotton, almonds, figs and sub-tropical crops such as bananas and sugar cane.
Several were later exported from Spanish coastal areas to the Spanish colonies
in the New World. Also transmitted via Muslim influence, a silk industry

35
 flourished, flax was cultivated and linen exported, and esparto grass, which
grew wild in the more arid parts, was collected and turned into various articles.

1.7.11. Agriculture in the Middle Ages

During the Middle Ages, Muslim farmers in North Africa and the Near East
developed and disseminated agricultural technologies including irrigation systems
based on hydraulic and hydrostatic principles, the use of machines such as norias,
and the use of water raising machines, dams, and reservoirs. They also wrote
location-specific farming manuals, and were instrumental in the wider adoption
of crops including sugar cane, rice, citrus fruit, apricots, cotton, artichokes,
aubergines, and saffron. Muslims also brought lemons, oranges, cotton, almonds,
figs and sub-tropical crops such as bananas to Spain.

1.7.12. Renaissance Agriculture

The invention of a three field system of crop rotation during the Middle Ages, and
the importation of the Chinese-invented mouldboard plough, vastly improved
agricultural efficiency.

After 1492 the world's agricultural patterns were shuffled in the widespread
exchange of plants and animals known as the Columbian Exchange. Crops and
animals that were previously only known in the Old World were now
transplanted to the New and vice versa.

Perhaps most notably, the tomato became a favourite in European cuisine, and
maize and potatoes were widely adopted. Other transplanted crops include
pineapple, cocoa, and tobacco. In the other direction, several wheat strains quickly
took to western hemisphere soils and became a dietary staple even for native
North, Central and South Americans.

Agriculture was a key element in the Atlantic slave trade, Triangular trade, and
the expansion by European powers into the Americas. In the expanding Plantation
economy, large plantations producing crops including sugar, cotton, and indigo,
were heavily dependent upon slave labour.

36
1.7.13. British Agricultural Revolution

Between the 16th century and the mid-19th century, Great Britain saw a massive
increase in agricultural productivity and net output. New agricultural practices
like enclosure, mechanization, four-field crop rotation and selective breeding
enabled an unprecedented population growth, freeing up a significant percentage
of the workforce, and thereby helped drive the Industrial Revolution.

By the early 1800s, agricultural practices, particularly careful selection of hardy

strains and cultivars, had so improved that yield per land unit was many times that
seen in the Middle Ages and before.

The 18th and 19th century also saw the development of glasshouses, or
greenhouses, initially for the protection and cultivation of exotic plants imported
to Europe and North America from the tropics.

Experiments on Plant Hybridization in the late 1800s yielded advances in the

understanding of plant genetics, and subsequently, the development of hybrid
crops.

Increasing dependence upon monoculture crops lead to famines and food

shortages, most notably the Irish Potato Famine (1845–1849). Storage silos and
grain elevators appeared in the 19th century.

1.7.14. Recent History

With the rapid rise of mechanization in the late 19th and 20th centuries,
particularly in the form of the tractor, farming tasks could be done with a speed
and on a scale previously impossible. These advances, joined to science-driven
innovations in methods and resources, have led to efficiencies enabling certain
modern farms in the United States, Argentina, Israel, Germany and a few other
nations to output volumes of high quality produce per land unit at what may be
the practical limit.

The development of rail and highway networks and the increasing use of
container shipping and refrigeration in developed nations have also been essential

37
 to the growth of mechanized agriculture, allowing for the economical long
distance shipping of produce.

While chemical fertilizer and pesticide have existed since the 19th century, their
use grew significantly in the early twentieth century. In the 1960s, the Green
Revolution applied western advances in fertilizer and pesticide use to farms
worldwide, with varying success.

Other applications of scientific research since 1950 in agriculture include gene

manipulation, and Hydroponics.

1.7.15. New Criticisms

Though the intensive farming practices pioneered and extended in recent history
generally led to increased outputs, they have also led to the destruction of
farmland, most notably in the dust bowl area of the United States following World
War I.

As global population increases, agriculture continues to replace natural ecosystems

with monoculture crops.

In the past few decades, western consumers have become increasingly aware of,
and in some cases critical of, widely used intensive agriculture practices,
contributing to a rise in popularity of organic farming, the growth of the Slow
Food movement, and an ongoing discussion surrounding the potential for
sustainable agriculture.

1.8. Industrialization

Industrialization is a process of social and economic change whereby a human

group is transformed from a pre-industrial society into an industrial one. It is a
part of a wider modernization process, where social change and economic
development are closely related with technological innovation, particularly with
the development of large-scale energy and metallurgy production.
Industrialization also introduces a form of philosophical change, where people
obtain a different attitude towards their perception of nature.

38
 There is considerable literature on the factors facilitating industrial modernization
and enterprise development.[1] Key positive factors identified by researchers have
ranged from favourable political-legal environments for industry and commerce,
through abundant natural resources of various kinds, to plentiful supplies of
relatively low-cost, skilled and adaptable labour.

One survey of countries in Africa, Asia, the Middle East, and Latin America and
the Caribbean in the late 20th century found that high levels of structural
differentiation, functional specialization, and autonomy of economic systems from
government were likely to contribute greatly to industrial-commercial growth
and prosperity. Amongst other things, relatively open trading systems with zero
or low duties on goods imports tended to stimulate industrial cost-efficiency and
innovation across the board. Free and flexible labour and other markets also
helped raise general business-economic performance levels, as did rapid popular
learning capabilities. Positive work ethics in populations at large combined with
skills in quickly utilizing new technologies and scientific discoveries were likely
to boost production and income levels – and as the latter rose, markets for
consumer goods and services of all kinds tended to expand and provide a further
stimulus to industrial investment and economic growth. By the end of the century,
East Asia was one of the most economically successful regions of the world – with
free market countries such as Hong Kong being widely seen as models for other,
less developed countries around the world to emulate.

1.8.1. Description

According to the original sector classification of Jean Fourastié, an economy

consists of a "Primary sector" of commodity production (farming, livestock
breeding, exploitation of mineral resources), a "secondary sector" of
manufacturing and processing, and a "Tertiary Sector" of service industries. The
industrialisation process is historically based on the expansion of the secondary
sector in an economy dominated by primary activities.

39
 The first ever transformation to an industrial economy from an agrarian one was
called the Industrial Revolution and this took place in the late 18th and early 19th
centuries in a few countries of Western Europe and North America, beginning in
Great Britain. This was the first industrialization in the world's history.

The Second Industrial Revolution describes a later, somewhat less dramatic

change which came about in the late 19th century with the widespread
availability of electric power, internal-combustion engines, and assembly lines to
the already industrialized nations. The lack of an industrial sector in a country is
widely seen as a major handicap in improving a country's economy, and power,
pushing many governments to encourage or enforce industrialization.

1.8.2. History

Most pre-industrial economies had standards of living not much above

subsistence, meaning that the majority of the population was focused on
producing their means of survival. For example, in medieval Europe, 80% of the
labour force was employed in subsistence agriculture.

Some pre-industrial economies, such as classical Athens, have had trade and
commerce as significant factors, enjoying wealth far beyond a sustenance standard
of living. Famines were frequent in most pre-industrial societies, although some,
such as the Netherlands and England of the seventeenth and eighteenth centuries,
the Italian city states of the fifteenth century, the medieval Islamic Caliphate, and
the ancient Greek and Roman civilizations were able to escape the famine cycle
through increasing trade and commercialization of the agricultural sector. It is
estimated that during the seventeenth century Netherlands imported nearly 70%
of its grain supply and in the fifth century BC Athens imported three quarters of
its total food supply.

During the Arab Agricultural Revolution from the 8th to 13th centuries, the
agricultural sector was revolutionized by the global economy established by Arab
and Muslim traders and explorers across much of the Old World, enabling the
diffusion of many crops and farming techniques between many different regions

40
 within and beyond the medieval Islamic world.[3] As a result, the Islamic Caliphate
experienced major changes in its economy, population distribution, vegetation
cover, agricultural production and income, population levels, urban growth, the
distribution of the workforce, linked industries, cooking, diet and clothing.

Industrialization through innovation in manufacturing processes first started with

the

Industrial Revolution in the north-west and midlands of England in the

eighteenth century. It spread to Europe and North America in the nineteenth
century and to the rest of the world in the twentieth.

1.8.3. Industrial Revolution in Western Europe

In the eighteenth and nineteenth centuries, Great Britain experienced a massive

increase in agricultural productivity known as the British Agricultural Revolution,
which enabled an unprecedented population growth, freeing up a significant
percentage of the workforce from farming, and helping to drive the Industrial
revolution.

Due to the limited amount of arable land and the overwhelming efficiency of
mechanized farming, the increased population could not be dedicated to
agriculture. New agricultural techniques allowed a single peasant to feed many
workers. However, these techniques also increased the demand for machines and
other hardware which had traditionally been provided by the urban artisans.
Artisans, collectively called bourgeoisie, employed rural exodus' workers to
increase their output and meet the country's needs. The growth of their business
coupled with the lack of experience of the new workers pushed a rationalization
and standardization of the duties the in workshops, thus leading to a division of
work, that is, a primitive form of Fordism. The process of creating a good was
divided into simple tasks, each one of them being gradually mechanized in order
to boost productivity and thus increase income. The accumulation of capital
allowed investments in the conception and application of new technologies,
enabling the industrialization process to continue to evolve. The industrialization

41
 process formed a class of industrial workers who had more money to spend than
their agricultural cousins. They spent this on items such as tobacco and sugar;
creating new mass markets which stimulated more investment as merchants
sought to exploit them

The mechanization of production spread to the countries surrounding England in

western and northern Europe and to British settler colonies, making those areas
the wealthiest and shaping what is now known as the Western world.

Some economic historians argue that the possession of so-called ‘exploitation

colonies’ eased the accumulation of capital to the countries that possessed them,
speeding up their development. The consequence was that the subject country
integrated a bigger economic system in a subaltern position, emulating the
countryside who demands manufactured goods and offers raw materials, while the
metropole stressed its urban posture, providing goods and importing food. A
classical example of this mechanism is said to be the triangular trade, who involved
England, southern United States and western Africa. Critics argue that this
polarity still affects the world, and has deeply retarded the industrialization of
what is now known as the Third World.

Some have stressed the importance of natural or financial resources that Britain
received from its many overseas colonies or that profit from the British slave trade
between Africa and the Caribbean helped fuel industrial investment. It has been
pointed out, however, that slave trade and the West Indian plantations provided
less than 5% of the British national income during the years of the Industrial
Revolution.

1.8.4. Early industrialization in other countries

After the Convention of Kanagawa, which was issued by Commodore Matthew C.

Perry, had forced Japan to open the ports of Shimoda and Hakodate to American
trade, the Japanese government realized that drastic reforms were necessary in
order to stave off Western influence. The Tokugawa shogunate abolished the
feudal system. The government instituted military reforms to modernize the

42
 Japanese army and also constructed the base for industrialization. In the 1870s,
the Meiji government vigorously promoted technological and industrial
development which eventually brought Japan to become a powerful modern
country.

In a similar way, Russia suffered during the Allied intervention in the Russian
Civil War. The Soviet Union's centrally controlled economy decided to invest a
big part of its resources to enhance its industrial production and infrastructures in
order to assure its own survival, thus becoming a world superpower.

During the cold war, the other European communist countries, organized under
the Comecon framework, followed the same developing scheme, albeit with a less
emphasis on heavy industry.

Southern European countries saw a moderate industrialization during the 1950s-

1970s, caused by a healthy integration of the European economy, though their
level of development, as well as those of eastern countries, doesn't match the
western standards.

1.8.5. The Third World

A similar state-led developing programme was pursued in virtually all the Third
World countries during the Cold War, including the socialist ones, but especially
in Sub-Saharan Africa after the decolonization period. The primary scope of those
projects was to achieve self-sufficiency through the local production of previously
imported goods, the mechanization of agriculture and the spread of education and
health care. However, all those experiences failed bitterly due to lack of realism:
most countries didn't have a pre-industrial bourgeoisie able to carry on a
capitalistic development or even a stable and peaceful state. Those aborted
experiences left huge debts toward western countries and fuelled public
corruption.

43
1.8.6. Petrol Producing Countries

Oil-rich countries saw similar failures in their economic choices. Because oil is
both important and expensive, regions that had big reserves of oil had huge
liquidity incomes. However, this was rarely followed by economic development.
Experience shows that local elites were unable to re-invest the petrodollars
obtained through oil export, and currency is wasted in luxury goods. This is
particularly evident in the Persian Gulf states, where the per capita income is
comparable to those of western nations, but where no industrialization has started.
Apart from two little countries (Bahrain and the United Arab Emirates), Arab
states have not diversified their economies, and no replacement for the upcoming
end of oil reserves is envisaged.

1.8.7. Industrialization in Asia

Apart for Japan, where industrialization began in the late 19th century, a different
pattern of industrialization followed in East Asia. One of the fastest rates of
industrialization occurred in the late 20th century across four countries known as
the Asian tigers thanks to the existence of stable governments and well-structured
societies, strategic locations, heavy foreign investments, a low cost skilled and
motivated workforce, a competitive exchange rate, and low custom duties. In the
case of South Korea, the largest of the four Asian tigers, a very fast paced
industrialization took place as it quickly moved away from the manufacturing of
value added goods in the 1950s and 60s into the more advanced steel, shipbuilding
and automobile industry in the 1970s and 80s, focusing on the high-tech and
service industry in the 1990s and 2000s. As a result, South Korea became a major
global economic power today and is one of the wealthiest countries in Asia.

This starting model was afterwards successfully copied in other larger Eastern and
Southern Asian countries, including communist ones. The success of this
phenomenon led to a huge wave of off shoring – i.e., Western factories or tertiary
corporations choosing to move their activities to countries where the workforce
was less expensive and less collectively organized.

44
 China and India, while roughly following this development pattern, made
adaptations in line with their own histories and cultures, their major size and
importance in the world, and the geo-political ambitions of their governments
(etc.).

Currently, China's government is actively investing in expanding its own

infrastructures and securing the required energy and raw materials supply
channels, is supporting its exports by financing the United States balance payment
deficit through the purchase of US treasury bonds, and is strengthening its military
in order to endorse a major geopolitical role. Meanwhile, India's government is
investing in specific vanguard economic sectors such as technologically oriented
specialization

Both Chinese and Indian corporations have also started to make huge investments
in Third World countries, making them significant players in today's world
economy.

1.8.8. Newly industrialized Countries

Newly industrializing nations include China, India, Malaysia, Korea, Thailand and
Singapore in Asia. In recent years, countries like Mexico, Brazil, and Turkey have
experienced moderate industrial growth, fuelled by exportations going to
countries that have bigger economies: the United States, China, and the European
Union, respectively. They are sometimes called newly-industrialized countries.
Most African and Latin American nations seem to follow a similar scheme. Despite
this trend being artificially influenced by the oil price increases since 2003, the
phenomenon is not entirely new nor totally speculative. Most analysts conclude
in the next few decades the whole world will experience industrialization, and
international inequality will be replaced with social inequality.

45
1.8.9. Consequences

1. Urbanization

The concentration of labour into factories has brought about the rise of large towns
to serve and house the working population.

2. Change to family structure

The family structure changes with industrialization. The sociologist Talcott

Parsons noted that in pre-industrial societies there is an extended family structure
spanning many generations who have probably remained in the same location for
generations. In industrialized societies the nuclear family, consisting of only of
parents and their growing children, predominates. Families and children reaching
adulthood are more mobile and tend to relocate to where jobs exist. Extended
family bonds become more tenuous.

3. Environment

Industrialization has spawned its own health problems. Modern stressors include
noise, air, water pollution, poor nutrition, dangerous machinery, impersonal
work, isolation, poverty, homelessness, and substance abuse. Health problems in
industrial nations are as much caused by economic, social, political, and cultural
factors as by pathogens. Industrialization has become a major medical issue
worldwide.

1.9. Vision 2030

1.9.1. Context of Kenya Vision 2030

Kenya Vision 2030 is the country’s new development blueprint covering the
period 2008 to 2030. It aims to transform Kenya into a newly industrializing,
“middle-income country providing a high quality life to all its citizens by the year
2030”. The Vision has been developed through an all-inclusive and participatory
stakeholder consultative process, involving Kenyans from all parts of the country.
It has also benefited from suggestions by some of the leading local and
international experts on how the newly industrializing countries around the

46
world have made the leap from poverty to widely-shared prosperity and equity.
The Vision is based on three “pillars”: the economic, the social and the political.

The adopting of the Vision by Kenya comes after the successful implementation

of the Economic Recovery Strategy for Wealth and Employment Creation

(ERS) which has seen the country’s economy back on the path to rapid growth
since 2002, when GDP grew from a low of 0.6% and rising gradually to 6.1% in
2006. The relationships between the pillars can be seen in Table 1, which was
recommended to the Government by Kenya’s National Economic Council in
January, 2006, and subsequently adopted by the Cabinet. The economic pillar aims
to improve the prosperity of all Kenyans through an economic development
programme, covering all the regions of Kenya, and aiming to achieve an average
Gross Domestic Product (GDP) growth rate of 10% per annum beginning 2012.
The social pillar seeks to build a just and cohesive society with social equity in a
clean and secure environment. The political pillar aims to realize a democratic
political system founded on issue-based politics that respects the rule of law, and
protects the rights and freedoms of every individual in Kenyan society.

The Kenya Vision 2030 is to be implemented in successive five-year Medium-

Term Plans, with the first such plan covering the period 2008 – 2012. For that
reason, the reader will find frequent references to projects and programmes
scheduled for implementation between 2008 and 2012. While the “flagship”
projects are expected to take the lead in generating rapid and widely-shared
growth, they are by no means the only projects the country will be implementing.
A flagship project only sets the pace for multiple vessels behind it. By the same
token there are many on-going projects and yet others planned for the future by
the Government and the private sector. All of these deserve attention and support.
The full details will be found in the Kenya Medium-Term Plan for 2008-2012. At
an appropriate stage, another five year plan will be produced covering the period
2012to 2017, and so on till 2030.

47
 As the country makes progress to middle-income status through these
development plans, it is expected to have met its Millennium Development Goals
(MDGs) whose deadline is 2015. The MDGs are eight internationally-agreed goals
for socio-economic development that emphasise the following: elimination of
extreme poverty and hunger; universal primary education; gender equality;
reduction in child mortality; improvement in maternal health; lower HIV/AIDS
and major disease incidence; environmental sustainability; and better partnerships
with international development partners. Some of the goals have already been
met. The Vision 2030 spells out action that will be taken to achieve the rest.

Figure 1.1: Thematic Overview of Kenya Vision 2030.

1.9.2. How the Vision was Developed

After a disappointing performance in the 1990s, Kenya’s economy has now

resumed the path to rapid growth, having achieved a GDP annual growth rate of
6.1% in 2006 compared to 0.6% in 2002. It is now necessary to build on that
momentum in order to sustain economic growth, to ensure that its benefits are
widely distributed to the population and that the resulting development will be
sustainable. At the same time, Kenyans must now look forward to a better future
for all.

48
The Vision 2030 development process was launched by H.E. President Mwai
Kibaki on 30th October, 2006. At the time, he advised the team preparing the
Vision document to also produce a medium-term plan with full details on the
development programmes that would be implemented in the first five years after
ERS expires on 31st December, 2007. He also advocated a consultative approach in
its development involving as many ordinary Kenyans and stakeholders as possible.
Consequently, this was done through workshops with stakeholders from all levels
of the public service, the private sector, civil society, the media and non-
governmental organisations (NGOs). In rural areas, provincial consultative forums
were also held throughout the country. The objective of all the consultations was
to provide an in-depth understanding of the country’s development problems and
the necessary strategies to achieve the 2030 goals.

To synthesize the findings, a core team comprising experienced technical officers

drawn from the government, Kenyan research institutions, international
consultants, and the private sector under the guidance of a National Vision
Steering Committee visited various firms, investors, farmers, and formal and
informal business people in all the major sectors of our country. Information from

the nine provincial forums, during which wananchi made direct contributions to

the development of the Vision, were also included. Further, the team held out-of-
country consultations with Kenyans overseas who have shown great interest in
helping Kenya develop into a rapidly-industrializing nation.

The experts used the input from the above stakeholders and their own economic
analysis to identify sectors with the most promising potential in driving Kenya’s
economic growth up to 2030. The approach involved an assessment of two critical
components: (i) the potential of the different sectors to make a wide economic
impact; and (ii) the feasibility of unlocking that potential for the benefits of
economic growth, employment and poverty – reduction. The team also looked at
social and political reforms necessary to ensure that these economic goals could be
realized and sustained.

49
 The overall assessment of the potential for economic impact was informed by the
sectors’ current size and their future growth prospects. Other factors were also
considered, particularly the potential to increase Kenya’s global competitiveness,
to promote growth based on efficiency, and to attract more investment locally and
internationally. This analysis was based on a sound understanding of the impact
each sector would make on the economy and other additional factors necessary to
increase the level of resources available nationally.

A similar process and methodology was followed in identifying projects and

priorities in the social and political pillars. Detailed analysis was carried out under
a consultative process in order to come up with strategies capable of resolving the
social and political problems that Kenyans face today. To arrive at workable
solutions, the team of experts learnt as much as they could from countries that
have achieved rapid growth and also improved the lives of their people greatly in
a span of 20-30years, with particular reference to the South East Asian “newly
industrializing countries”.

The standards achieved by those countries are ones Kenya should aim for, bearing
in mind her own history and culture. The team made extensive use of information
available from the Government, Kenya’s private sector, civil society and
universities. This document provides a summary of the foundations on which
Vision 2030 is erected, before going into other sections on which it is based, i.e.,
the economic, social and political pillars. Some of the foundations will require the
strengthening of on-going institutional and governance reforms that will help
raise efficiency in our productive and social sectors. Others relate to the provision
and expansion of physical infrastructure.

1.9.3. Foundations for Kenya Vision 2030

The economic, social and political pillars of Kenya Vision 2030 are anchored on
macroeconomic stability; continuity in governance reforms; enhanced equity and
wealth creation opportunities for the poor; infrastructure; energy; science,

50
 technology and innovation (STI); land reform; human resources development;
security as well as public sector reforms.

1. Macroeconomic Stability for Long-Term Development

Kenyans appreciate the pivotal role macroeconomic stability has played in the
country’s economic recovery and resumption of rapid growth by the Kenya
economy since 2003. This is evident in the low levels of underlying inflation,
limited public sector deficits, a stable exchange rate, and low interest rates over

that period. For this reason, Kenya Vision 2030 places the highest premium on

the stable macroeconomic environment the country now enjoys, and expects it to
continue in the future as a matter of policy. This is the only way in which
confidence among investors and ordinary Kenyans can be maintained. A stable
economic environment also works in favour of the poor who stand to lose the
most in periods of high inflation. All the projects proposed under Vision 2030 will,
therefore, be subjected to the parameters set under the macroeconomic stability
framework, as reviewed on a continuous basis by the Ministry of Finance and the
Central Bank of Kenya.

2. Continuity in Governance Reforms

Kenya remains fully committed to continuing governance reforms. These will be

deepened and accelerated in order to create a better environment for doing
business, and for the full enjoyment of individual rights that Kenyans are entitled
to under the constitution. Towards that end, the Government will continue to
intensify the anti-corruption programme already in place through: better
investigation and prosecution; eliminating discretionary decision making in a
public service that is prone to bribery; public education and judicial and legal
reform. The Government also recognizes that in an open, democratic society like
Kenya, the people themselves, Parliament, civil society, and a vigilant press are
the ultimate defence against abuse of office. These institutions will continue to
receive full support from the Government and from the people of Kenya.

3. Enhanced Equity and Wealth Creation Opportunities for the Poor

51
 No society can gain the social cohesion predicted by Vision 2030 if significant
sections of the population live in abject poverty. To that extent, Kenya Vision 2030
includes equity as a recurrent principle in economic, social and political
programmes. Special attention has been given to investment in arid and semi-arid
(ASAL) districts, communities with high incidence of poverty, unemployed youth,
women, and all vulnerable groups. Under Vision 2030 “devolved funds”, deployed
in a more efficient and transparent manner, is expected to play a key and enhanced
role in correcting existing economic and social inequalities.

4. Infrastructure

The 2030 Vision aspires for a country firmly interconnected through a network of
roads, railways, ports, airports, water and sanitation facilities, and
telecommunications. By 2030, it will become impossible to refer to any region of
our country as “remote”. Furthermore, to ensure that the main projects under the
economic pillar are implemented, investment in the nation’s infrastructure will
be given the highest priority

5. Energy

Development projects recommended under Vision 2030 will increase demand on

Kenya’s energy supply. Currently, Kenya’s energy costs are higher than those of
her competitors.

Kenya must, therefore, generate more energy at a lower cost and increase
efficiency in energy consumption. The Government is committed to continued
institutional reforms in the energy sector, including a strong regulatory
framework, encouraging more private generators of power, and separating
generation from distribution. New sources of energy will be found through
exploitation of geothermal power, coal, renewable energy sources, and connecting
Kenya to energy-surplus countries in the region.

6. Science, Technology and Innovation

52
 Vision 2030 proposes intensified application of to raise productivity and efficiency
levels across the three pillars. It recognizes the critical role played by research and
development (R&D) in accelerating economic development in all the newly
industrializing countries of the world. The Government will create and
implement an STI policy framework to support Vision 2030. More resources will
be devoted to scientific research, technical capabilities of the workforce, and in
raising the quality of teaching mathematics, science and technology in schools,
polytechnics and universities.

7. Land Reform

Land is a critical resource for the socio-economic and political developments spelt
out in Vision 2030. Respect for property rights to land, whether owned by
communities, individuals or companies, is an important driver of rapid economic
transformation. This transformation is dependent on a national land use policy,
which, therefore, needs to be completed as a matter of urgency. The policy will
facilitate the process of land administration, the computerization of land registries,
and the establishment of national spatial data infrastructure in order to track land
use patterns, and the introduction of an enhanced legal framework for faster
resolution of land disputes.

8. Human Resource Development

Kenya intends to create a globally competitive and adaptive human resource base
to meet the requirements of a rapidly industrializing economy. This will be done
through life-long training and education. As a priority, a human resource database
will be established to facilitate better planning of human resources requirements
in the country. Furthermore, steps will be taken to raise labour productivity to
international levels. Other steps will include the establishment of new technical
training institutions, as well as the enhancement of closer collaboration between
industry and training institutions.

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9. Security

The vision for security is “a society free from danger and fear”. The Government
is determined to improve security in order to lower the cost of doing business and
to provide Kenyans with a more secure living and working environment. Specific
strategies will involve: improving the practice of community policing; reducing
the police to population ratio; adopting information and communication
technology (ICT) in crime detection and prevention; enhancing police training;
among others. All these measures will be supported by accelerated reforms in the
Judiciary. The country will also institute reforms in the prison service.

10. Public Services

An efficient, motivated and well-trained public service is expected to be one of

the major foundations of the Vision. Kenya intends to build a public service that
is more citizen focused and results oriented a process whose achievements so far
have received international recognition and awards. The Government will
intensify efforts to bring about an attitudinal change in public service that values
transparency and accountability to the citizens of Kenya. Results-Based
Management will be pegged to the implementation of the Vision’s goals, making
it easier to reward public servants on merit. Reforms in the public service will
further enhance strategic planning in government, continuous improvement, and
performance contracting and stakeholder engagement. A Kenya School of
Government will be established to provide research and training for
transformative leadership to the highest international standards.

1.9.4. The Economic Vision and Strategy

Under Vision 2030, Kenya aims to increase annual GDP growth rates to an average

of 10% over the vision horizon. This is an ambitious goal and the Government is
aware of that. But it has the confidence that Kenyans will rise to the challenge as
they have often done before. If this goal is achieved, Kenya will be the 5thcountry
in the world to achieve such a high level of sustained economic growth.
Considering that the current economic growth of 6.1% has come primarily

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 through rapid utilization of existing capacity, rather than efficiency gains or new
investments, achieving the 10% growth will require a dedicated campaign to
alleviate existing constraints to future growth, and in particular to use our
resources more efficiently. To achieve that ambition, Kenya must continue with
the tradition of macro-economic stability that has been established since 2002. It
must also address other key constraints, notably, a low savings to GDP ratio, which
could be alleviated by drawing in more remittances from Kenyans abroad, as well
as increased foreign investment and overseas development assistance (ODA), as

spelt out under the Kenya Joint-Assistance Strategy between the country and her

international development partners.

Delivering the country’s ambitious growth aspirations will require a rise of

national savings from the current17% in 2006 to about 30% in 2012. It will also
be necessary to deal with a significant informal economy employing 75% of the
country’s workers. The informal sector must be supported in ways that will raise
productivity and distribution and increase jobs, owner’s incomes and public
revenues. The country will continue with the governance and institutional
reforms necessary to accelerate economic growth. Others critical problems that
will be addressed include poor infrastructure and high energy costs. The six key
sectors described below have been given priority in acting as key growth drivers
in the journey to 2030.

1. Tourism

Tourism will be a leading sector in achieving the goals of the Vision. Kenya aims
to be among the top 10long-haul tourist destinations in the world offering a high-
end, diverse, and distinctive visitor experience that few of her competitors can
offer. There are three specific goals for 2012:

a. Quadruple tourism’s GDP contribution to more than Ksh. 200 billion

b. Raise international visitors from 1.6 million in2006 to 3 million in 2012,
while raising average spent per visitor from the present KShs.40,000 to at
least KShs.70,000

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 c. Increase hotel beds from 40,000 to at least 65,000, combined with an
emphasis on a high quality service.

The specific strategies for realizing the goals will involve: an aggressive strategy to
develop Kenya’s coast (north and south) by developing resort cities in two key
locations in addition to the Isiolo resort cities; achieving higher tourism revenue
yield by increasing the country’s premium safari parks and improving facilities in
all under-utilized parks; creating new high Value niche products (e.g. cultural,
eco-sports and water-based tourism); revamping business-visitor offering by
attracting high-end international hotel chains; and by investing in new
conference facilities.

Flagship Projects for Tourism

The flagship projects for 2012 will involve the following:

i. Three (3) resort cities – two new resorts cities at the coast (one in north and
the other at south coast). The third one will be located in Isiolo.
ii. Better marketing of little-visited parks so as to bring more tourists to game
parks that have not been receiving many visitors, and which are located in

all parts of the country. The premium parks initiative – this will provide

more high-end tourists with a unique experience in popular destinations,

such as Maasai Mara and Nakuru.

iii. The under-utilized parks initiative – this aims to upgrade the standards of
attractive but seldom visited parks e.g. Ruma and Marsabit.

iv. The niche products initiative – this will provide 3,000 beds in high-cost
accommodation for tourists interested in cultural and eco-tourism, as well as
in water-based sports and related activities. It will initially target four key
sites in Western Kenya.
v. The certification of 1,000 home-stay sites to promote cultural tourism in
Kenyan homes.

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 vi. The business visitors’ initiative – this will attractive additional international
hotels to Nairobi, Mombasa and Kisumu, and also leverage Isiolo as a new
high-end tourist destination.
2. Increasing Value in Agriculture

Kenya will raise incomes in agriculture, livestock and fisheries even as industrial
production and the service sector expand. This will be done by processing and
thereby adding value to her products before they reach the market. She will do so
in a manner that enables her producers to compete with the best in other parts of
the world. This will be accomplished through an innovative, commercially
oriented and modern agriculture, livestock and fisheries sector.

These interventions are expected to generate an additionalKSh.80-90 billion

increase in GDP, mainly through better yields in key crops, increased smallholder
specialization in the cash crop sector (2-3crops per plot), utilization of a million
hectares of currently uncultivated land, and new cultivation of up to 1.2 million
hectares of newly-opened lands.

Specific strategies will involve the following: (i) transforming key institutions in
agriculture and livestock to promote household and private sector agricultural
growth; and (ii) increasing productivity of crops and livestock. Kenya will also
introduce new land use policies through: better utilization of high and medium
potential lands by her farmers; preparation of new land for cultivation by
strategically developing more irrigable areas in arid and semi-arid lands for both
crops and livestock; and by improving market access for small holders through
better marketing.

Flagship Projects for the Agricultural and Livestock Sector

The flagship projects for 2012 will involve:

i. Preparation and passage of consolidated agricultural policy reform

legislation.

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 ii. Development and the implementation of a 3-tiered fertilizer cost reduction
programme.
iii. Improving the value gained in the production and supply chain through
branding Kenyan farm products.
iv. The planning and implementation of 4-5 Disease Free Zones and livestock
processing facilities to enable Kenyan meat, hides and skins to meet
international marketing standards. There will be more domestic processing
of these products for regional and international markets.
v. The creation of publicly accessible land registries, under an improved
governance framework.
vi. Development of an Agriculture Land Use Master Plan.
vii. Tana River Basin Agricultural Development Scheme.
3. A Better and More Inclusive Wholesale and Retail Trade Sector

The 2030 vision for wholesale and retail trade is to move towards greater efficiency
in the country’s marketing system by lowering transaction costs through
institutional reforms. This involves strengthening informal trade (through
investment in infrastructure, training and linking it to wider local and global
markets). This will raise the market share of products sold through formal
channels (e.g. supermarkets) from the current 5% to 30% by 2012. This will also
contribute an additional KShs.50billion to the GDP. The plan is to attract at least
three new retailers with more than 10 stores each into the Kenyan market. The
vision also plans to enumerate informal sector operators, to provide them with
permanent and serviced facilities, training and access to credit and markets. The
simplification of business registration and trade licensing will continue in order to
create a more enabling business environment for all trading activity. At producer
level, the plan aims to establish “Producer Business Groups” (PBGs), which will in
turn feed large wholesale hubs principally in rural areas.

These hubs will be “Tier 1” retail markets that will provide the primary producer
with better value than at present where markets are heavily fragmented. The

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 Government will continue to strengthen the producer co-operative movement
and assist in branding and marketing Kenyan products in regional and
international markets.

Flagship Projects for Wholesale and Retail

The flagship projects for 2012 are:

i. Creation of at least 10 wholesale hubs and1, 000–1,500 Producer Business

Groups (starting with a pilot project in Maragua, Central Province that is to
be extended to other regions).
ii. Building of at least 10 ‘Tier 1’ retail markets (starting with a pilot project in
Athi River).
iii. The building of one free trade port at the coast in order to “bring Dubai to
Kenya”. This port will serve eastern and central Africa.
4. Manufacturing for Regional Market

Kenya aims to become the provider of choice for basic manufactured goods in
eastern and central Africa, before breaking into other markets by targeting “niche”
products e.g. organic foods and beverages).This will be done through improved
efficiency and competitiveness at firm level. The state will invest in training,
research and development. The goal for 2012is to: generate an additional KShs.30
billion to GDP by producing consumer goods that compete with imports (without
resorting to restrictions) in key local industries; and raising market share in the
regional market from 7% to 15%. Kenya also intends to attract at least10 large
strategic investors in key agro-processing industries, targeting local and
international markets.

Specific strategies will involve restructuring key local industries that use local raw
materials but lack a competitive edge (for instance in sugar and paper
manufacturing) and exploiting opportunities in adding value to imports that could
then be re-exported in order to capture the “last step” of value addition (e.g. in
metals and plastics). Kenya also aims to strategically increase the level of value
addition in niche exports by additional processing of local agriculture products.

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 Flagship Projects for Manufacturing

The flagship projects for 2008 - 2012 are:

i. The development of a strategy for the establishment of at least 2 special

“economic clusters”, that is, related industries located together to gain from
economies.
ii. The development and creation of at least 5 Small and Medium Enterprise
(SME) Industrial Parks.
5. Business Process Off shoring (BPO)

This is a new but promising sector for Kenya and especially for its young people.
It involves providing business services via the Internet to companies and
organizations in the developed world e.g. Britain, USA, Canada, etc. The 2030
vision for business process outsourcing is for Kenya to “quickly becomes the top
BPO destination in Africa”. The goal for 2012 is to create at least 7,500 direct BPO
jobs with an additional GDP contribution of KShs.10billion. This will be done by
attracting at least 5major leading IT suppliers, at least 10 large multinational
corporation companies and global BPO players to Kenya. This will create an
estimated additional5, 000 jobs. At least 5 large local players will be identified to
become local champions through stand-alone operations or joint ventures. Kenya
will therefore attract top international IT suppliers to create confidence in more
investments, thereby attracting leading multinational corporations and foreign
companies with top BPO brands.

The Flagship BPO Project.

The flagship BPO project for 2012 is to design and establish one major BPO park
in Nairobi (possibly in Athi River) that will have world class infrastructure
developed by top international IT suppliers. Kenya will offer competitive
incentive packages for companies to locate in the park provide a-one-stop shop for
administration and talent and serve as a “showcase’” park to attract more top
foreign IT companies.

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6. Financial Services

The 2030 vision for financial services to create a vibrant and globally competitive
financial sector in Kenya that will create jobs and also promote high levels of
savings to finance Kenya’s overall investment needs. As part of Kenya’s macro-
economic goals, savings rates will rise from 17% to 30% of GDP in about a decade.
This will be achieved through measures that include increasing of bank deposits
from 44% to 80% of GDP and by a declining cost of borrowed capital i.e. interest
rates. The country will also decrease the share of population without access to
finance from 85% to below 70% at present, and increase stock market
capitalization from50% to 90% of GDP. Savings of up to 10% of GDP for
investment are expected to be realized from remittances, foreign direct
investments (FDI), overseas development assistance (ODA) and sovereign bonds.

Reforms in the banking sector will be undertaken to facilitate the transformation

of the large number of small banks in Kenya to few larger and stronger ones. Credit
referencing will be introduced. Kenya will also streamline informal finance and
Savings and Credit Co-operative Organizations (SACCOs), as well as micro-
finance institutions. Financial markets will be deepened by raising institutional
capital through pension fund reforms and expanding bond and equity markets, as
well as tapping international sources of capital.

One of the most urgent steps towards creating a competitive financial

environment in Kenya is introducing legal and institutional reforms that will
enhance transparency in all transactions, build trust and make enforcement of
justice more efficient. The other step is the creation of a critical mass of skills in
financial management. The Government is already in the process of implementing
these measures.

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 The flagship projects for 2012 are:

i. Facilitate the transformation of the banking sector to bring in fewer stronger,

larger scale banks.
ii. Develop and execute a comprehensive model for pension reform.
iii. Pursue a comprehensive remittances strategy.
iv. Formulate a policy for the issuing of benchmark sovereign bonds.
v. Implement legal and institutional reforms required for a regional financial
centre.

1.9.5. The Social Strategy

Kenya’s journey towards prosperity also involves the building of a just and
cohesive society that enjoys equitable social development in a clean and secure
environment. This quest is the basis of transformation of our society in seven key
social sectors: Education and Training; Health; Water and Sanitation; the
Environment; Housing and Urbanization; as well as in Gender, Youth, Sports and
Culture, as well as Equity and Poverty Eradication. It also makes special provisions
for Kenyans with various disabilities and previously marginalized communities.
These policies (and those in the economic pillar) will be equally anchored on an
all-round adoption of science, technology and innovation (STI) as an
implementation tool.

1. Education and Training

Under education and training, Kenya will provide globally competitive quality
education, training and research to her citizens for development and enhanced
individual well-being. The overall goal for2012 is to reduce illiteracy by increasing
access to education, improving the transition rate from primary to secondary
schools, and raising the quality and relevance of education. Other goals include
the integration of all special needs education into learning and training
institutions, achieving an 80% adult literacy rate, increasing the school enrolment
rate to 95% and increasing the transition rates to technical institutions and
universities from 3% to 8% by 2012. Public and private universities will be

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 encouraged to expand enrolment, with an emphasis on science and technology
courses. Kenya intends to have international ranking for her children’s
achievement in mathematics, science and technology. The specific strategies will
involve; (i) integrating early childhood into primary education; (ii) reforming
secondary curricula: (iii) modernizing teacher training; and (iv) strengthening
partnerships with the private sector. Kenya will also develop key programmes for
learners with special needs, rejuvenate ongoing adult training programmes, and
revise the curricula of university and technical institutes by including more
science and technology subjects. In partnership with the private sector, the
Government will also increase funding to enable all these institutions to support
activities envisaged under the economic pillar. Kenya aims to be a regional Centre
of research and development in new technologies.

Flagship Projects for Education and Training

The flagship education and training projects for 2012are to:

i. Build and fully equip 560 new secondary schools to accommodate the
increasing number of students graduating from primary schools;
ii. Establish a teachers’ recruitment programme to employ 28,000 more teachers
to improve the quality of education and to ensure that all schools have
adequate teachers;
iii. Establish a computer supply programme that will equip students with
modern IT skills;
iv. Build at least one boarding primary school in each constituency in the
pastoral districts to ensure that learning is not disrupted as people move from
one place to the other;
v. Roll out the voucher system programme in 5 poor districts; and
vi. Create “Centres of Specialization” for each of Vision 2030’s economic growth
sectors.

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2. The Health Sector

To improve the overall livelihoods of Kenyans, the country aims to provide an

efficient and high quality health care system with the best standards. This will be
done through a two pronged approach: (i) devolution of funds and management
of health care to the communities and district medical officers; leaving the
Ministry to deal with policy and research issues; and(ii) shifting the bias of the
national health bill from curative to preventive care. Special attention will be paid
to lowering the incidence of HIV/AIDS, malaria and TB, and lowering infant and
mortality ratios. All this will reduce equalities in access to health care and improve
key areas where Kenya is lagging, especially in lowering infant and maternal
mortality. Specific strategies will involve: provision of a robust health
infrastructure network; and improving the quality of health service delivery to
the highest standards and promotion of partnerships with the private sector. In
addition, the Government will provide access to those excluded from health care
due to financial reasons. Through encouragement to the private sector, Kenya
intends to become the regional provider of choice for highly-specialized health
care, thus opening Kenya to “health tourism” as an income-generating activity.
The health sector’s flagship projects for 2012are to:

i. Revitalize Community Health Centres to promote preventive health care (as

opposed to curative intervention) and by promoting healthy of individual
lifestyles
ii. De-link the Ministry of Health from service delivery in order to improve
management of the country’s
iii. health institutions primarily by devolution of health management to
communities and healthcare experts at district, provincial and national
hospitals
iv. Create a National Health Insurance Scheme in order to promote equity in
Kenya’s health care financing

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 v. Scale up the output-based approach system to enable disadvantaged groups
(e.g. the poor, orphans) to access health care from preferred institutions
3. Water and Sanitation

Kenya is a water scarce country. The economic and social developments

anticipated by Vision 2030 will require more high quality water supplies than at
present. The country, therefore, aims to conserve water sources and start new
ways of harvesting and using rain and underground water. The 2030 vision for
water and sanitation is to ensure that improved water and sanitation are available
and accessible to all. The goal for 2012 is to increase both access to safe water and
sanitation in both rural and urban areas beyond present levels. To promote
agricultural productivity, the area under irrigation and drainage will increase
from140, 000 to 300,000 hectares. Specific strategies will be introduced to raise
the standards of the country’s overall water, resource management, storage and
harvesting capability. Kenya will rehabilitate her hydro-meteorological data
gathering network, construct multipurpose dams (on Nzoia and Nyando Rivers
and other smaller dams), and also construct water and sanitation facilities to
support industries and a growing urban population.

Flagship Projects for Water and Sanitation

The flagship projects for 2012 are to:

i. Rehabilitate the hydro-metrological network and rehabilitate 600 stations;

ii. Construct 2 multi-purpose dams with storage capacity of 2.4 billion m3 along
rivers
iii. Nzoia and Nyando;
iv. Construct 22 medium-sized multi-purpose dams with a total capacity of 2
billion m3 to supply water for domestic, livestock and irrigation use in the
arid and semi-arid areas;
v. Construct a 54 km canal from Tana River to Garissa (The Rahole Canal);
vi. Rehabilitate and expand the Mzima pipeline which will supply water in all
the coastal towns in support of tourism;

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vii. Rehabilitate and expand urban water supply and sanitation in the key
satellite towns identified under the economic pillar.
viii. Construct the Tana Delta Project and;
ix. Rehabilitate and expand the major irrigations schemes (Bura, Hola, Kano
Plains, Nzoia, Perkera, Kerio Valley, Mwea, TaitaTaveta, Ewaso Nyiro North
and Ngurumani).
4. The Environment

Kenya aims to be a nation that has a clean, secure and sustainable environment by
2030. The goals for2012 are: (i) to increase forest cover from less than3% at present
to 4%; and (ii) to lessen by half all environment-related diseases. Specific strategies
will involve promoting environmental conservation in order to provide better
support to the economic pillar flagship projects and for the purposes of achieving
the Millennium Development Goals (MDGs); improving pollution and waste
management through the design and application of economic incentives; and the
commissioning of public-private partnerships(PPPs) for improved efficiency in
water and sanitation delivery. Kenya will also enhance disaster preparedness in all
disaster-prone areas and improve the capacity for adaptation to global climatic
change. In addition, the country will harmonize environment-related laws for
better environmental planning and governance.

Flagship Projects for the Environment

The flagship environment projects for 2012 are:

i. The Water Catchment Management Initiative: –This calls for rehabilitating

of the 5 water towers(i.e. Mau Escarpment, Mt. Kenya, Aberdares Range,
Cherangani Hills and Mt. Elgon);

ii. Securing the Wildlife Corridors and Migratory Routes Initiative: – Kenya
will conserve wildlife corridors and migratory routes;

iii. The Solid Waste Management System Initiative: –This calls for relocation
of the Dandora dump site, and development of solid waste management

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 systems in 5 leading municipalities and in the economic zones planned under
Vision 2030;

iv. The Plastic Bags Initiative: – will require tightening regulations in order to
limit production and usage of environmentally-detrimental plastic bags; and

v. The Land Cover and Land Use Mapping Initiative:– comprehensively

mapping land use patterns in Kenya.
5. Housing and Urbanization

Given the current demographic trends, Kenya will be a predominantly urban

country by 2030.Following the current population trends, more than half of our
nation’s population is likely to be residing in urban areas at that time. These need
not imply that agriculture will matter less or that the quality of life will be lower.
But Kenya will need to plan for decent and high quality urban livelihoods for her
population. The 2020 vision for housing and urbanization is “an adequately and
decently housed nation in a sustainable environment”. The medium-term goal for
2012 is to increase the annual production of housing units from the current 35,000
annually to over 200,000. In addition, an initiative for high quality urban planning
will be undertaken. Kenya’s cities and towns are now poorly planned and that
must change. There is an acute need, therefore, for an effective capacity for
regional and urban development planning starting with adequate housing for
those now living in slums. In addition, there will be better development of and
access to affordable and adequate housing for the rest of the population, enhanced
access to adequate finance for developers and buyers, and targeted key reforms to
unlock the potential of the housing sector through private public partnerships.
Kenya’s new nationwide urban planning and development campaign will start
with her major cities and towns. But rural settlements will be catered for as well.
This calls for a rapid build-up of her urban planning an implementation capacity,
and this is part of the commitments under Vision 2030.

Flagship Projects for Housing and Urbanization

The flagship projects for 2012 include the following:

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 i. The Metropolitan and Investment Plans Initiative: This will require
preparation of metropolitan investment plans for eleven (11) regions (Nairobi
and its environs), Mombasa, Kisumu-Kakamega; Nakuru, Eldoret, Wajir,

Garissa, Mandera, Kitui, Mwingi and Meru). Strategic n development and

investment plans for special and border towns and for all other municipal
councils will also be undertaken.

ii. The Housing Development Initiative: This calls for an increase in annual
productivity of adequate housing with an emphasis on equity in access,
beginning with lowincome housing.

iii. The Mortgage Financing Initiative – establishing a secondary mortgage

finance corporation as well as a national housing fund while also introducing
housing and infrastructure bonds; and

iv. Enactment of the Housing Bill, 2006

6. Gender, Youth and Vulnerable Groups

The 2030 vision for gender, youth and vulnerable groups is equity in power and
resource distribution between the sexes, improved livelihoods for all vulnerable
groups, and responsible, globally competitive and prosperous youth. In addition,
Kenya aims to capitalize on her international reputation as an “athletic
superpower” by opening up the country for top global sports events, encouraged
by corporate sponsorship. The Government will provide stricter enforcement of
copyright laws in music and the performance arts, and provide facilities for our
most talented musicians’ and actors. Kenya aims to be among the top developing
country destinations of global film producers. The goals for 2012 are, therefore, to
increase opportunities all-round among women, youth and all disadvantaged
groups. Specific strategies will involve increasing the participation of women in
all economic, social and political decision-making processes (e.g. starting with
higher representation of women in Parliament); improving access to all
disadvantaged groups (e.g. business opportunities, health and education services,

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 housing and justice); and minimising vulnerabilities through prohibition of
retrogressive practices (e.g. female genital mutilation and child labour), and by up-
scaling the training for people with disabilities and special needs.

Flagship projects for Gender, Youth and Vulnerable Groups

The flagship projects for 2012 are to:

a. Institutionalize the Women Enterprise Fund and increase its overall

amounts and efficiency in projects launched by its beneficiaries; II.
Establish a consolidated social protection fund;
ii. Rehabilitate or build one youth empowerment Centre in each constituency;
iii. Establish a sports’ lottery fund and an international academy of sports;
iv. Build a national cultural Centre to the highest standards in order to support
the performing arts; and
v. Increase the youth enterprise fund and ensure efficient and productive use
of funds allocated to youth groups.
7. Equity and Poverty Elimination

The 2030 goal for equity and poverty elimination is to reduce the number of
people living in absolute poverty to the tiniest proportion of the total population.
Kenya will aim at a society that guarantees equality of opportunity in accessing
public services and providing income generating activities as widely as possible.
That will be achieved by placing the citizens at a level of income sufficient to cater
for basic requirements of a healthy, productive life. Some correctional measures
will be introduced in order to extend such opportunities to regions and
communities where they do not exist currently. Foremost amongst such measures
will be an increase in the volumes of specific “devolved funds” allocated to local
communities. Another initiative aims to expand access across different social and
political dimensions, including: increasing school enrolment for girls and children
from nomadic communities and poor rural and slum communities; widening
coverage of “essential health care”; equitable distribution of water, sewerage and
sanitation services; improvements in public transport; and attaining gender parity

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 and fairness in the delivery of justice. Reducing social inequalities, in short, cuts
across all the economic and social initiatives proposed by Vision 2030.

1.9.6. The Political Pillar

The political pillar envisions a country with a democratic system reflecting the
aspirations and expectations of its people. Kenya will be a state in which equality
is entrenched, irrespective of one’s race, ethnicity, religion, gender or socio-
economic status; a nation that not only respects but also harnesses the diversity of
its peoples’ values, traditions and aspirations for the benefit of all. The political
pillar vision for 2030 is “a democratic political system that is issue-based, people-
centred, result-oriented and accountable to the public”. An issue-based system is
one in which political differences are about means to meet the widest public
interest. “People-centred” goals refer to the system’s responsiveness to the needs
and rights of citizens, whose participation in all public policies and resource
allocation processes is both fully appreciated and facilitated. A result-oriented
system is stable, predictable and whose performance is based on measurable
outcomes. An accountable system is one that is open and transparent and one that
permits free flow of information. It should be a system in which the leaders are
accountable to citizens. Such a vision will guarantee Kenya’s attainment of the
specific goals outlined under Vision 2030’s economic and social pillars. To meet
objectives outlined in the economic and social pillars, Kenya’s national
governance system will be transformed and reformed to acquire high-level
executive capability consistent with a rapidly industrializing country. The most
important of the reforms is prioritization for enactment of all legislation and
administrative reforms suggested in Vision 2030.Kenya will adopt a democratic
decentralization process with substantial devolution in policy-making, public
resource management and revenue sharing through devolved funds.

Guiding principles

Vision 2030 has received support across party lines and regions of the country. In
order to ensure that economic, social and political governance gains made under

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 the Vision are neither reversed nor lost as a result of change in ruling parties, the
following eight governance principles shall be adhered to:

i. Constitutional supremacy: Supremacy of the constitution shall be respected

at all times. This will guarantee individual rights as stated in the Bill of Rights
and the property rights of local and international investors.

ii. Sovereignty of the people: This calls for the acknowledgement of the fact

that in a constitutional democracy like Kenya, the government derives all its
just powers from the people it governs.

iii. Equality of citizens: Kenya shall be a nation that treats its women and men
equally. It will not discriminate any citizen on the basis of gender, race, tribe,
religion or ancestral origin.

iv. National values, goals and ideology: In the pursuit of economic, social and
political aspirations, Kenyans shall formulate and adopt a core set of national
values, goals and
v. A political ideology supportive of Vision 2030. These will include
acknowledgement of the significance of God to the Kenyan people and an
affirmation of the religious, cultural and ethnic diversity of Kenyans. It will
also affirm the indivisibility of Kenya as a nation and her commitment to
democracy and the rule of law. Strong and viable political party system that
will be guided by policy and ideological differences rather than region of
ethnicity. Under Vision2030, founding of political parties on religious,
linguistic, racial, and ethnic, gender, corporate or regional basis will be
prohibited. This is in line with the just enacted Political Parties Bill. All
political parties will be obliged to subscribe to a legally-binding Code of
Conduct. There will be a clear definition of circumstances under which a
party may be de-registered or reinstated. The delegation of state functions to
(or the use of state resources by) political parties will not be permitted.
Political parties will be required to publish their manifestos before
participating in elections.

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 vi. Public participation in governance: The Kenyan political system is now
more open than it has been in the past. In order to ensure fuller public
participation in the governance process, that support democratic governance.
The citizens of Kenya will be made to appreciate the values of tolerance and
respect for differences in opinion, in a competitive society of the kind Vision
2030 has in mind.

vii. Separation of powers: The implementation of Vision 2030 will depend on

the enhancement of the capacity of the three arms of government
(Legislature, the Executive and the Judiciary).Already considerable progress
has been made through reforms in the Executive and the Judiciary.
Parliament’s independence has been enhanced. These institutions will
independently function in a manner that will enhance the implementation
of Vision 2030.

viii. Decentralization: Vision 2030 will continue to use evolved funds to

strengthen decentralization of development projects at the community level.
Improved planning, prioritization, and coordination of such projects at the
local level will be accorded priority in realizing that goal.

Political pillar strategies

Transformation within Kenya’s political governance system under Vision 2030

will take place across six strategic initiatives, whose overarching visions, goal sand
specific strategies for 2012 are outlined below:

1. Rule of Law

The 2030 vision aims at “adherence to the rule of law applicable to a modern,

market-based economy in a human rights-respecting state”. The intermediate

goal for 2012 is to enact and implement the policy, legal and institutional
framework vital for promoting and sustaining fair, affordable and equitable access
to justice. Specific strategies will involve:

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 i. Aligning the national policy and legal framework with the needs of a market-
based economy and national human rights and gender equity commitments
II. Increasing service availability and access to justice
ii. Streamlining the functional capacity of the legal and judicial institutions to
enhance inter-agency cooperation
iii. Change legislation that is clearly not conducive to the creation of a good
business environment in Kenya
iv. Inculcating a culture of compliance with laws and decent human behaviour
2. Electoral and Political Processes

The 2030 vision aims at institutionalizing “genuinely competitive and issue-

based politics”. The goal for2012 is to enact and operationalise the necessary
policy, legal and institutional framework to support issue-based political
processes. Specific strategies will involve:

i. Introducing laws and regulations covering political parties;

ii. Enhancing the legal and regulatory framework covering the electoral process
iii. Conducting civic education programmes to widen knowledge and
participation among citizens, leading to an informed and active citizenry
iv. Strengthening laws on non-discrimination to promote inclusion of women
and disadvantaged groups in electoral and political processes
v. Enriching the quality of Parliamentary debate by increasing access by MPs
to policy relevant information, including documents.
3. Democracy and Public Service Delivery

The 2030 vision aims at “a people-centered and politically-engaged open society”.

The goal for 2012is to enact and operationalize necessary reforms in the policy,
legal and institutional framework in order to enhance public service delivery in
an open and accountable manner, as is expected of a democracy.

Specific strategies will involve:

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 i. Pursuing constitutional and legal reforms necessary to strengthen public
service delivery in a manner that responds to public needs, especially at the
community level.
ii. Encouraging formal and informal civic education and action programmes
iii. Promoting open engagement between government and civil society, as well
as the free flow of information, particularly through better and continuous
engagement with the media.

4. Transparency and Accountability

More transparency and accountability were identified by Kenyans as priorities in

the political initiatives of Vision 2030. The 2030 vision, therefore, aims to create
“transparent, accountable, ethical and result oriented government institutions”.
The goal for 2012is to enact and put into operation all the necessary policy, legal
and institutional reforms needed to strengthen public transparency and
accountability.

Specific strategies will involve:

i. Strengthening the legal framework for anticorruption ethics and integrity

ii. Promoting results-based management within the public service
iii. Encouraging public access to information and data
iv. Introducing civilian oversight around the key legal, justice and security
institutions V. Strengthening Parliament’s legislative oversight capacity.
5. Security, Peace-Building and Conflict Management

Vision 2030 has as its ideal “security of all persons and property throughout the
Republic”. By 2012 it commits the country to the adoption of policy, legal and
institutional framework in security, peace building and conflict management
which will advance that ideal. Specific strategies will involve:

i. Promoting public-private cooperation and community involvement in

ensuring improved safety and security;

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 ii. Deepening the policy, legal and institutional reform for improved
enforcement of law and order;
iii. Institutionalizing national and inter-community dialogue in order to build
harmony among ethnic, racial and other interest groups;
iv. Promoting peace building and reconciliation in order to improve conflict
management and ensure sustained peace within the country; and
v. Inculcating a culture of respect for the sanctity of human life that restrains
people from the use of violence as an instrument of resolving personal and
community disputes. This should start with the family, schools, the church
and all public institutions.

Political pillar flagship projects

The flagship projects for 2012 for the political pillar are:

i. The Constitutional initiative – completion of the national Constitution

together with its enabling legislation;

ii. The Judicial and legal reforms initiative – this will involve reforms
pertaining to the rule of law, as well as reforms in government institutions in
the three branches of the Government.

iii. The Security and policing reform initiative;

iv. Building a non-partisan professional research Centre to enrich Parliamentary
law making; and
v. Initiate a national programme on attitudinal and value change to inculcate a
culture of voluntary compliance with the efficiency norms required by
Vision 2030.

1.9.7. Implementing Vision 2030.

The strategies to deliver the 10% annual growth by2012 will be executed through
concrete flagship projects across the priority sectors in all the three pillars of the
Vision. The projects are original large-scale initiatives that look beyond their
immediate locality and are capable of having an impact on the entire nation.
Flagship projects, however, will form only part of national development.

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Complementary projects will also be undertaken in line with the Medium-Term
Plans, the Budget Outlook Paper, and the Medium-Term Expenditure Framework.
Kenya Vision 2030 is a long-term process that requires dedication and focus
beyond the initial five year period. During the life of the Vision, strategies and
action plans will be systematically reviewed and adjusted every 5 years in order to
effectively respond to the changing global, regional and local environment. Thus,
Vision 2030 will be delivered over many different horizons, each with defined
goals and flagship projects. Following the expiry of the ERS in December 2007,
the first part of Vision 2030 will be implemented under the 2008-2012 plans. This
is already under preparation. Delivering this ambitious process of national
transformation will require: a fundamental shift from business-as-usual to
“business unusual” (from multiple and often uncoordinated levels of decision
making to a centralized implementation process); a new management philosophy
(from a limited sense of urgency to relentless follow up); legislation (from slow,
reactive to fast, proactive legislating); special budgeting (from low and dispersed
to high and “ring fenced” investments), as well as management of top talent (from
shortage of skills to a war for talent). To this end, a Semiautonomous Government
Agency (SAGA) with the requisite capacity is being established to oversee the
implementation of all Vision 2030 projects. In doing so, the agency will work in
close collaboration with government ministries and departments as well as the
private sector, civil society and other relevant stakeholder groups.

In order to successfully realize Vision 2030 and to particularly ensure the timely
implementation of the flagship projects, the Government of Kenya intends to
create a Vision Delivery Secretariat (VDS). The Secretariat will be managed by a
Director-General of the Vision 2030 Office, under the overall guidance of the
Vision 2030 Delivery Board, which shall play a policy-making and advisory role.
The VDS shall be organized into eight departments. The Departments will
correspond to the main project clusters or sectors of the Vision covering the three
pillars. Among other things, the VDS shall provide strategic leadership and
direction in the realization of Vision2030 goals, and closely collaborate with line

76
ministries in developing the Five-Year Medium-Term Plans for the realization of
the Vision. The VDS will also have clear institutional linkages with other existing
institutions, structures and organizations, both in the public as well as the private
sector.

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 Problem Sheet 1.2

1. What were the reasons for the development of Agriculture?

2. Muslim Agriculture development from the 8th Century. What were the four key
area of this Agriculture?
3. What has characterized Agricultural systems in Europe and USA from the 19th
Century to present?
4. What are:
a. Industrialization
b. Mechanization
4. Why does Kenya want to industrialize? What are the economic and no-
economic factors that must exist in a country like Kenya before it can
industrialize?
5. What are:
a. Agrarian revolution
b. Industrial revolution
6. What are the effects of industrialization on:
a. Urban area
b. Family structure
c. Environment
7. What is the Kenyan Vision 2030?
8. What are the economic and social pillars of Vision 2030?

References

1. History of Agriculture, Industrialization. (Www.wikipedia.org).

2. Republic of Kenya. Vision 2030. Popular version

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 2.0.ENGINEERING PRACTICE AND EDUCATION

2.1.Engineers in Practice

Engineers apply the principles of science and mathematics to develop economical

solutions to technical problems. Their work is the link between scientific
discoveries in the commercial applications that meet societal and consumer needs.

Many engineers develop new products. During this process, they consider several
factors. For example, in developing an industrial robot, engineers precisely specify
the functional requirements; design and test the robot’s components; integrate the
components to produce the final design; and evaluate the design’s overall
effectiveness, cost, reliability, and safety. This process applies to the development
of many deferent products, such as chemical, computers, power plants,
helicopters, and toys.

In addition to design and development, many engineers work in testing,

production, or maintenance. These engineers supervise production in factories,
determine the causes of component failure, and test manufactured products to
maintain qualities. They also estimate the time and cost to complete the projects.
Supervisory engineers are responsible for major components or entire projects.

Engineers use computers extensively to produce and analyse designs; to simulate

and test how a machine, structure, or system operates; to generate specifications
for parts; and to monitor product quality and control process efficiency.
Nanotechnology, which involves the creations of high performance materials and
components by integrating atoms and molecules, also is introducing entirely new
principles to the design process.

Most engineers specialize. Following are details on the engineering specialities

covered in the Federal Government’s Standard Occupation Classification (SOC)
system. Numerous other specialties are recognized by professional societies, and
each of the major branches of engineering has numerous subdivisions. Civil
engineering, for example, includes structural and transportation engineering, and

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material engineering includes: ceramic, metallurgical, and polymer engineering.
Engineers may also specialize in one industry, such as motor vehicles or in one
type of technology, such as turbines or semiconductor materials.

Aerospace Engineers design, develop, test aircrafts, spacecraft, and missiles and
supervise the manufacture of these products. Those who work with aircrafts are

called aeronautical engineers, and those working specifically with spacecraft’s are

astronautical engineers. Aerospace engineers develop new technologies for use

in aviation, defence system, and space exploration, often specializing in areas such
as structural design, guidance, navigation and control, instrumentation and
communication, or production methods. They also may specialize in particular
type of aerospace products, such as commercial aircrafts, military fighter jets,
helicopters, space crafts or missiles and rockets, and may become experts in
aerodynamics, thermodynamics, celestial mechanics, propulsion, acoustics, or
guidance and control systems.

Agricultural Engineers apply knowledge of engineering technology and science to

agriculture and the efficiency use of biological resources. Because of this, they are

also referred to biological and agricultural engineers. They design agricultural

machinery, equipment, sensors, processes, and structures, such as those used for
crops storage. Some engineers specialize in areas such as power systems and
machinery design; structures and environmental engineering; and food and
bioprocess engineering. They develop ways to conserve soil and water and to
improve the processing of agricultural products. Agricultural engineers often
work in research and development, production, sales, or management.

Biomedical Engineers develop devices and procedures that solve medical and
health related problems by combining their knowledge of biology and medicine
with engineering principles and practices. Many do research, along with life
scientists, chemists, and medical scientists, to develop and evaluate systems and
products such as artificial organs, prostheses (artificial devices that replaces
missing body parts), instrumentation, medical information systems, and health

80
management and care delivery systems. Biomedical engineers may also design
devices using various medical procedures, imaging systems such as magnetic
resonance imaging (MRI), and devices for automating insulin injections or
controlling body functions. Most engineers in this specialty need a sound
background in another engineering specialty, such as mechanical or electronic
engineering, in addition to specialized biomedical training. Some specialties
within biomedical engineering includes: biomaterial, biomechanics, medical
imaging, rehabilitation engineering and orthopaedic engineering.

Chemical Engineers apply the principles of chemistry to solve problems involving

the production or use chemicals and Bio chemicals. They design equipments and
processes for large scale chemical manufacturing, plan and test methods of
manufacturing products and treating by-products, and supervise production.
Chemical engineers work in a variety of manufacturing industries other than
chemical manufacturing, such as those producing energy, electronics, food,
clothing, and paper. They also work in health care, biotechnology, and business
services. Chemical engineers apply principles of physics, mathematics, and
mechanical and electrical engineering as well as chemistry. Some may specialize
in a particular chemical process, such as oxidation of polymerization. Others
specialize in a particular field, such as nanomaterials, or in the development of
specific products. They must be aware of all aspect of chemical manufacturing and
how the manufacturing process affects environment and the safety of workers and
consumers.

Civil Engineers design and supervise the construction of roads, buildings, airports,
tunnels, dams, bridges and water supply and sewerage systems. They must
consider many factors in the design process, from the construction cost and
expected lifestyle of the project to government regulations and potential
environmental hazards such as earthquake and hurricanes. Civil engineering,
considered one of the oldest engineering disciplines, encompasses many
specialties. The major ones are structural, water resources, construction,

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environmental, transportation, and geotechnical engineering. Many civil
engineers hold supervisory or administrative position, from supervisors of a
construction site to city engineers. Others may work in design, construction,
research, and teaching.

Computer Hardware Engineers’ research, design, develop, test, and oversee the
manufacture and installation of computer hardware. Hardware includes,
computer chips, circuit board, computes systems and related equipment such as
keyboards, modems and printers. The work of computer hardware engineers is
very similar to that of electronics engineers in that, they may design and test
circuits and other electronic components, but computer hardware engineers do
that work only as it relates to computers and computer related equipment. The
advanced in computer technology are largely result of the research, development,
and design effort of these engineers.

Computer Software Engineers- often called computer engineers- design and

develop the software systems that control computers.

Electrical Engineers design, develop, test and supervise the manufacture of

electrical equipment. These equipments includes: electrical motors, machinery
control, lighting and wiring in buildings, automobiles, aircrafts, radar and
navigation systems, and power generation, control, and transmission devices used
by electric utilities. Although the terms electrical and electronics engineering are
often used interchangeably in academia and industry, electrical engineers have
traditionally focused on the generation and supply of power, whereas electronics
engineers have worked on applications of electricity to control systems, or signal
processing. Electrical engineers specialize in areas such as power system
engineering or electrical equipment manufacturing.

Electronic Engineers, except computers are responsible for a wide range of

technologies, from portable music players to the global positioning system (GPS),
which can continuously provide the location, for example, of a vehicle. Electronic
engineers design, develop, test, and supervise the manufacture of electronic

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equipment such as broadcast and communication systems. Many electronic
engineers also work in areas closely related to computers. However, engineers
whose work is related exclusively to computer hardware are considered computer
hardware engineers. Electronic engineers specialize in areas such as
communications, signal processing and control systems or have a specialty within
one of these areas-control systems or aviation electronics, for example.

Environmental Engineers develop solutions to environmental problems using the

principles of biology and chemistry. They are involved in water and air pollution
control, recycling, water disposal, and public health issues. Environmental
engineers conduct hazardous-waste management studies in which they evaluate
the significance of the hazard, advice on treatment and containment, and develop
regulations to prevent mishaps. They design municipal water supply and industrial
waste water treatment systems. They conduct research on environmental impact
of proposed construction projects, analyse scientific data, and perform quality
control checks. Environmental engineers are concerned with local and worldwide
environmental issues. They study and attempt to minimize the effects of acid rain,
global warming, automobile emissions, and ozone depletion. They may also be
involved in the protection of wildlife. Many environmental engineers work as
consultants, helping their clients to comply with regulations, to prevent
environmental damage, and to clean up hazardous sites.

Geospatial Engineering, is a broad field that crosses multiple specialties that focuses
on multiple dimensional mapping and organizing. Geospatial Engineering links
information in space and time. Geospatial Engineering specialists work with teams of
other professionals to analyse complex situations, visualize problems and provide
"spatial" solutions. A Geospatial engineer is your go-to person for all things relating
to digital maps - think of Google Earth and the navigation maps and directions you
get on your car GPS. These were designed by Geospatial engineers

Geospatial engineers measure large-scale and/or highly dynamic features using

technology such as:

• global navigation satellite positioning systems, such as GPS

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 • airborne LiDAR
• terrestrial laser scanners
• high-resolution mobile laser scanning
• robotic total stations
• UAVs.

Geospatial engineers face the challenge of managing and combining huge volumes
of geospatial data from various measurement techniques of differing precision and
at differing times.

Health and Safety Engineers, except mining safety engineers and inspectors
prevent harm to people and property by applying knowledge of system
engineering and mechanical, chemical and human performance principles. Using
this specialized knowledge, they identify and measure potential hazards, such as
the risk of fires or the dangers involved in handling of toxic chemicals. They
recommend appropriate loss prevention measures according to the probability of
harm and potential damage. Health and safety engineers develop procedures and
designs to reduce the risk of illness, injury, or damage. Some works in
manufacturing industries to ensure the design of new products do not create
unnecessary hazards. They must be able to anticipate, recognize, and evaluate
hazardous conditions, as well as develop hazard control methods.

Industrial Engineers determine the most effective ways to use the basic factors of
production people, machines, materials, information, and energy-to make a
product or provide a service. They are primarily concerned with increasing
productivity through the management of people, methods of business
organization*, and technology. To maximize efficiencies, industrial engineers
carefully study the product requirement and design manufacturing and
information systems to meet those requirements and design manufacturing and
information systems to meet those requirements with the help of mathematical
methods and models. They develop management control systems to aid in
financial planning and cost analysis, and design production planning and control

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systems to coordinate activities and ensure product quality. They also design or
improve systems for the physical distribution of goods and services and determine
the most efficient plant locations. Industrial engineers develop wage and salary
administration system and job evaluation programs. Many industrial engineers
move into management positions because the work is closely related to the work
of managers.

Marine Engineers and Naval Architects are involved in the design, construction
and maintenance of ships, boats, and related equipment. They design and
supervise the construction of everything from aircraft carriers to submarines, and
from sail boats to tankers. Naval architects work on the basic design of ships,
including hull form and stability. Marine engineers work on the propulsion,
steering, and other system of ships. Marine engineers and naval architects apply
knowledge from a range of fields to the entire design and production process of all
water vehicles. Other workers who operate or supervise the operation of marine
machinery on ships and other vessels sometimes may be called marine engineers
or, more frequently, ship engineers, but they do different work and are covered

under water transportation occupations elsewhere in the Handbook.

Materials Engineers are involved in the development, processing, and testing of

the materials used to create a range of products, from computer chips and aircraft
wings to golf clubs and snow skis. They work with metals, ceramics, plastics,
semiconductors, and composites to create new materials that meet certain
mechanical, electrical, and chemical requirements. They also are involved in
selecting materials for new applications. Materials engineers have developed the
ability to create and then study materials at an atomic level, using advanced
processes to replicate the characteristics of materials and there component with
computers.

Most materials engineers specialize in a particular material. For example,

metallurgical engineers specialize in metals such as steel, and ceramic engineers

85
develop ceramic materials and the processes for making them into useful products
such as glassware or fibre optic communication lines.

Mechanical Engineers research, design, develop, manufacture and test tool,

engines, machines and other mechanical devices. Mechanical engineering is one
of the broadest engineering disciplines. Engineers in this principle work on
power-producing machines such as electrical generators, internal combustion
engines, and steam and gas turbines. They also work on power- using machines
such as refrigeration and air conditioning equipment, machine tools, material
handling systems, elevators and escalators, industrial production equipment, and
robots used in manufacturing. Mechanical engineers also design tools that other
engineers need for their work. In addition mechanical engineers work in
manufacturing or agricultural production, maintenance, or technical sales; many
become administrators or managers.

Mining and Geological Engineers, including Mining Safety Engineers find, exact,
and prepare coal, metals, and material for use by manufacturing industries and
utilities. They design, open pit and underground mines, supervise the construction
of mine shafts and tunnels I underground operations, and device methods for
transporting minerals to processing plants. Mining engineers are responsible for
safe, economical, and environmentally sound operations of mines. Some mining
engineers work with geologists and metallurgical engineers to locate and appraise
new ore deposits. Other develops new mining equipment or direct mineral-
processing operations that separate minerals from the dirt, rock, and other
materials with which they are mixed. Mining engineers frequently specialize in
the mining of one mineral or metal, such as coal or gold. With increased emphasis
on protecting the environment, many mining engineers work to solve problems
related to land reclamation, water and air pollution. Mining safety engineers use
their knowledge of mine design and practices to ensure the safety of workers and
to comply with state and federal safety regulations. They inspect walls and roof

86
surfaces, monitor air quality, and examine mining equipment for compliance with
safety practices.

Nuclear Engineers research and develop the processes, instruments, and systems,
used to derive benefits from nuclear energy radiation. They design, monitor,
develop and operate nuclear plants to generate power. They may work on the
nuclear fuel cycle-the production, handling, and use of nuclear fuel and the safe
disposal of waste produced by the generation of nuclear energy-or on the
development of fusion energy. Some specialize in the development of nuclear
power sources for naval or spacecraft; others find industrial and medical uses for
radioactive materials, as in equipment used to diagnose and treat medical
problems.

Petroleum Engineers search the world for reservoirs containing oil or natural gas.
Once these resources are discovered, petroleum engineers work with geologist and
other specialists to understand the geologic formation and properties of the rock
containing the reservoir, determine the drilling methods to be used, and monitor
drilling and production operations. They design equipment and processes to
achieve the maximum profitable recovery of oil and gas. Because only a small
proportion of oil and gas in reservoir flows out under natural forces, petroleum
engineers develop and use various enhanced recovery methods. This include
injecting water, chemicals, gases or steam into the oil reservoir to force out more
of the oil and doing computer-controlled drilling or fracturing to connect a large
area of a reservoir to a single well. Because even the best techniques in use today
recover only a portion of the oil and gas in a reservoir, petroleum engineers
research and develop technology and methods to increase recovery and lower the
cost of drilling and production operations.

Work Environment. Most engineers work in office buildings, laboratories, or

industrial plants. Others may spend time outdoors at construction sites and oil and
gas exploration and production sites, where they monitor or direct operations or

87
 solve onsite problems. Some engineers travel extensively to plants or worksites
here and abroad.

Many engineers work a standard 40-hours week. At times, deadlines or design

standards may bring extra pressure to a job, requiring engineers to work longer
hours.

2.1.1. Engineering Practice in Kenya

The earliest engineering project in Kenya was the construction of the Uganda
Railways. The strategic purpose of the railway was to secure the source of the
River Nile where it flowed from the lake at Owen falls. The original destination
of the railway was Buganda. The railway plans was completed in 1894 and the first
rails were laid at Mombasa on May 30th 1896. And so began the construction of
the ‘lunatic line’, a name borrowed from a satirical poem by the British
parliamentarian, Henry Labouchere, who was an avid critic of the railway line.

The construction the railway turned to be a most difficult enterprise. It was beset
by, among others, delays in the shipping of construction materials and by the now
famed lions of Tsavo. At Tsavo River, as plans were being prepared to construct a
bridge, the lions began a series of killing many African and Indian workers. It
would eventually take about 9 months to contain the lions, and close to a year to
build a permanent bridge.

Due to this and other delays, concerns were expressed that after two and half
years, only a third of the work had been accomplished instead of the estimated
half by the end of that period. Experts were sent in and one recommended a new
route to the lake, instead of the original one to Buganda. This new alignment
would save 160 kilometres from the original route, making Kisumu the new
terminus.

In early December 1901, the tracks reached kibos, a village just 10 kilometres from
the lake shore. On 19th December 1901, the first rail was bolted and the following
day Mrs. Florence Preston, wife of Engineer Ronald Preston (who was in charge

88
 of laying the railway) was given the honour of symbolically hammering hone the
last spike. The terminus was then named Port Florence in her name.

2.2.Engineering Education and Training

Engineers always enter the occupation with bachelor’s degree in an engineering

specialty, but some basic research positions may require a graduate degree.
Engineers offering their services directly to the public must be licensed.
Continuing education to keep current with rapidly changing technology is
important for engineers.

Education and Training. A bachelor’s degree in engineering is required for almost

all entry level engineering jobs. Most engineering programs involve a
concentration of study in an engineering specialty, along with courses in both
mathematics and physical and life sciences. Many programs also include courses
in general engineering. A design course, sometimes accompanied by related to
engineering by a computer or a laboratory class or both, is part of the curriculum
of most programs. General courses not directly related to engineering, such as
those in the social science or humanities, are also often required.

In addition to the standards engineering degree, many colleges offer 2-year or 4-

year degree programs in engineering technology. These programs, which usually
include various hands on laboratory classes that focus on current issues in the
application of engineering principles, prepare students for practical design and
production work, rather than for jobs that require more theoretical and scientific
knowledge. Graduate of 4-year technology program may get jobs similar to those
obtained by graduates with a bachelor’s degree in engineering. Engineering
technology graduates, however, are not qualified to register as professional
engineers under the same terms as graduates with degree in engineering. Some
employers regard technology program graduates as having those of a technician
and an engineer.

Graduate training is essential for engineering faculty positions and many research
and development programs, but is not required for the majority of entry-level

89
 engineering jobs. Many experienced engineers obtain graduate degrees in
engineering or business administration to learn new technology and broaden their
education. Many high-level executives in government and industry began their
careers as engineers.

Other qualifications. Engineers should be creative, inquisitive, analytical, and

detailed oriented. They should be able to work as part of a team and to
communicate well, both orally and in writing. Communication abilities are
becoming increasingly important as engineers frequently interact with specialists
in a wide range of fields outside engineering.

2.2.1. Engineering Education in Kenya

Engineering education at tertiary level was initiated in Kenya at the royal

Technical College in 1956. The college became the Royal College Nairobi in 1961,
University College Nairobi, in 1964, and the University of Nairobi in 1970. The
university had the following departments of Engineering in 2003: Agricultural
Engineering; Civil Engineering, Electrical and Electronic Engineering;
Mechanical Engineering; and Surveying. Agricultural engineering was established
in 1975. The rest of the departments were in existence from the late 1950s.

In the 1980s and 1990s other universities initiated programmes in Kenya.

Curricula were also reviewed from the mid1990s. The universities colleges which
offer undergraduate degree in 2008 include: University of Nairobi; Kenyatta
University; Jomo Kenyatta University of Agriculture and Technology; Technical
University of Kenya; Technical University of Mombasa; Dedan Kimathi
University of Technology; Multimedia University of Kenya; University of Eldoret.
The following are some of the new undergraduate programs in various
universities:

a. University of Nairobi
• Environmental and Biosystems Engineering
• Civil Engineering
• Electrical and Electronic Engineering

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 • Mechanical Engineering
• Geospatial Engineering

b. Kenyatta University
• Civil Engineering
• Electrical and Electronic Engineering
• Mechanical and Manufacturing Engineering
• Biosystems and Agricultural Engineering
• Petroleum Engineering
• Aerospace Engineering
• Biomedical Engineering.
c. Jomo Kenyatta University of Agriculture and Technology
• Agricultural and Biosystems engineering
• Marine Engineering
• Telecommunication and Information Engineering
• Civil Engineering
• Electrical and Electronic Engineering
• Mechanical Engineering
• Mechatronics Engineering
• Electronics and Computer Engineering
• Geomatic Engineering and Geospatial Information Systems
• Financial Engineering
• Applied Bio-Engineering
• Mining and Mineral Processing
d. Moi University
• Mechanical and Production Engineering
• Electrical and Electronics Engineering
• Electrical and Telecommunication Engineering
• Industrial and Textile Engineering
• Chemical and Processing Engineering

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 • Civil and Structural Engineering
e. Egerton Engineering
• Agricultural Engineering
• Water and Environmental Engineering
• Manufacturing Engineering and Technology
• Instrumentation and Control Engineering
f. Masinde Muliro University of Science and Technology.
• Production Engineering
• Civil and Structural Engineering
• Electrical and Communication Engineering
g. Technical University of Kenya
• Electrical and Electronic Engineering
• Chemical Engineering
• Mechanical Engineering
• Civil Engineering
• Geospatial Engineering
• Aeronautical Engineering
• Chemical Engineering technology
• Geospatial Enginering Technology
• Electrical and Electronic Engineering Technology

• Mechanical Engineering Technology Civil Engineering Technology

h. Technical University of Mombasa
• Civil Engineering
• Electrical and Electronic Engineering
• Mechanical Engineering
i. Dedan Kimathi University and Technology
• Civil Engineering
• Mechanical Engineering
• Electrical and Electronic Engineering
• Mechatronics Engineering

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 j. Multimedia University of Kenya
• Telecommunication and Information Engineering
• Software Engineering
k. University of Eldoret
• Agricultural and Biosystems Engineering

The Engineering Registration Act which was first implemented in 1969 regulates
engineering practice in Kenya. The Act was amended in 1993. There are several
learned organizations which represent various groups of Engineers including
Association of Consulting Engineers of Kenya, Kenya society of Agricultural
Engineers, Kenya Society of Chemical Engineers, Kenya society of Electronic and
Electrical Engineers, and the institution of Engineers of Kenya.

In Kenya, engineers are engaged in the public and private sectors. The Engineering
consultancy capacity in Kenya is the largest in East, Central and Southern Africa.
Kenyan engineers are engaged in research, development, design, constitution,
production, operation and management.

2.3.Licensing of Engineers

Registration and advancement. Beginning engineering graduates usually work

under the supervision of experienced engineers and, in large companies, also may
receive formal classroom or seminar-type training, as new engineers gain
knowledge and experience, they are assigned more difficult projects with greater
independence to develop designs, solve problems, and make decisions. Engineers
may advance to become technical specialists or to supervise a staff or team of
engineers and technicians. Some may eventually become engineering managers or
other managerial or sales jobs. In sales, engineering background enables them to
discuss a product’s technical aspects and assists in product planning, installation
and use.

Numerous professional classifications for engineers exist and may be beneficial for
advancement to senior technical or managerial positions. Many certification

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 programs are offered by the professional societies listed as source of additional
information for engineering specialization at the end of this statement.

2.3.1. Engineers Board of Kenya Act of 2012

The Engineers Registration Board of Kenya (EBK) is a statutory body that

established under section 3(1) of the Engineers Act 2012, which is an Act of
parliament to provide for licensing of engineers and the regulation and
development of the practice of engineers and for connected purposes but training
registration in different universities is done by the commission for university
education. The board has the overall mandate of developing and regulating
Engineering practice in Kenya. The development and regulation of engineering
practice is considered a key component to the achievement of infrastructure
foundation under the countries Vision 2030 blueprint.

The board is mandated with the responsibility of regulating standards in the

Engineering profession and building capacity for individual Engineers and
Engineering firms.

The board also registers engineers and engineering firms and regulates their
conduct for improved performance of the engineering profession.

It also assesses, approve or reject engineering qualifications of foreign persons

intending to offer professional engineering services or works.

2.3.2. Regulation and Licensure in Engineering in different Countries

Regulation and licensure in engineering is established by various jurisdiction of

the world to encourage public welfare, safety, wellbeing and other interest of the
general public. As with many other professions, the professional status and the
actual practice of professional engineering is legally defined and protected by law.
In some jurisdictions, only licensed engineers (sometimes called registered/
professional engineers) are permitted to "practice engineering," which requires
careful definition in order to resolve potential overlap or ambiguity with respect

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 to certain other professions which may or may not be themselves regulated (e.g.
"scientists," or "architects").

Jurisdictions that license according to particular engineering discipline need to

define those boundaries carefully as well so that practitioners understand what
they are permitted to do. In cases where public safety, property or welfare is
concerned, it is most likely required that an engineer be licensed or registered
though some jurisdictions have an "industrial exemption" that permits engineers
to work internally for an organization without licensure so long as they are not
making final decisions to release product to the public or offering engineering
services directly to the public (e.g. consultant).

2.3.3. Registration and Regulation

Becoming an engineer is a process that varies widely around the world. In some
regions, use of the term 'engineer' is regulated, in others it is not. Where
engineering is a regulated profession, there are specific procedures and
requirements for obtaining a registration, charter or license to practice
engineering. These are obtained from the government or a charter granting
authority acting on its behalf, and engineers are subject to regulation by these
bodies.

Different countries that offer licenses to engineers before they practice are:

United States registration or licensure of professional engineers and engineering

practice is governed by the individual states. Each registration or license is valid
only in the state where it is granted. Therefore, many professional engineers
maintain licenses in more than one state.

Canada the designation "professional engineer" can only be used by licensed

engineers and the practice of engineering is protected in law and strictly enforced
in all provinces. Licenses is provided by a self-governing body that is given the

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power to license and discipline professional engineers, as well as regulate the
practice of the professional engineers in their province.

United Kingdom there is no restriction in the right to practice an engineer in the

UK. The title "engineer" is not regulated, but certain engineering titles are. The
body is engineering council. These are: as EngTech (engineering technicians),
ICTTech (information and communications technology technicians), IEng
(incorporated engineers) and CEng (chartered engineers).

India Engineers with a bachelor's or master's degree in engineering or technology

from a university are allowed to practice as consulting engineers .They must be
licensed or registered with municipalities in order to submit public plans, designs
or drawings for approval and record. The Institute of Engineers (India) was
granted British Royal Charter in 1935, and admits engineers holding the above
degrees as a corporate member (AMIE) or chartered engineer [India]: C.Eng.
[India]. IE (India) also offers registration as a professional engineer (PE [India])
and international professional engineer (PE [Int'l]) to member engineers having
seven years of active practical engineering experience after achieving their
degrees.

Pakistan Engineers with an engineering degree (BE/BSC/BS) from Pakistan

Engineering Council (PEC). Accredited universities/institutes are allowed to
practice as registered engineer. After 5 years of experience, they may take the
Engineering Practice Examination (EPE) conducted by (PEC), those who pass are
registered.

Europe the European Engineer (Eur Ing, EUR ING) is an international Professional
Qualification for engineers used in many European countries. The title is granted
after successful application to a national member of the Europe Federation of
National Engineering Council (FEANI), which includes representation from many
European countries, including much of the European Union. It allows a person
who has an engineering degree and usually an engineering professional

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qualification in one of the member countries to use the qualification in others, but
this depends on local legislation.

Germany- Academic title Dipl.-Ing. (diplom-ingenieur, diploma engineer) is

awarded by the educational ministries of the federal states (the Bundesländer)

after having completed an academic Engineering Education according to the
German engineer's law (ingenieurgesetz); however, it is not a license to practice
engineering, rather an academic title.

Africa

• Ing in Ghana (for engineers holding a B.Sc. or higher with relevant

engineering experience) and a registered member of the Ghana Institute of
Engineers (GhIE).

• Pr.Eng. or Pr.Ing is used as a post-nominal in South Africa (for engineers

holding a B.Eng., B.Sc. or B.Sc.Eng. with relevant experience). Pr.Tech.Eng.

is used as a postnominal in South Africa (for engineers holding a B.Tech.

with relevant experience and three years of practising in the engineering
field) "Pr.Tech.Eng" standing for professional engineering technologist.

• P.Eng standing for professional engineer in Kenya (Holders of five years of

postsecondary engineering education and four years of work experience).

• Eng. is used for engineers holding Bachelor of Science, bachelor of

engineering (or higher) with relevant engineering experience in Egypt and
must be a member in the Egyptian Syndicate of Engineers.

• Engr is used as a pre-nominal in Nigeria (for holders of bachelor or higher

degree in engineering with relevant experience and having successfully
passed the Nigerian Society of Engineers (NSE) Professional Exams and
fulfill other NSE and Council for Regulation of Engineering in Nigeria
(COREN) requirements)".

• Eng is used as a pre-nominal in Uganda for registered engineers. In Uganda,

a registered engineer must as a prerequisite be a member of the Uganda
Institution of professional engineers (UIPE) and must have a Bachelor of

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 Science (or higher) in engineering together with relevant engineering
experience that must be documented, supported by two registered
engineers, and defended by the applicant in an interview with the
Engineers' Registration Board (ERB), which has the power to confirm
designation as a registered engineer.

Australia and New Zealand

NPER is used as a post-nominal in Australia for engineers registered on the

National Professional Engineers Register (NPER) and is subject to CPD
requirements to maintain status. Registration is performed by the National

Engineering Registration Board. MIEAust is used as a post-nominal to designate a

member of Engineers Australia.

CPEng is used as a post-nominal in Australia and New Zealand for chartered

professional engineers and subject to a rigorous competence based assessment and
ongoing CPD requirements to maintain status.

Asia

Most countries in Asia do not restrict the use of Engineer preceding your name, if
one has finish the Engineering course but others have bodies which control and
give out licenses. These are: Bangladesh, Philipines, Sri-lanka and India.

Latin America

Ing is used in most of the Spanish speaking countries so long as one has finish the
required engineering course as required in there subsequent countries.

2.4.Professional Societies

A professional association (also called a professional body, professional

organization, or professional society) is usually a non-profit organization seeking
to further a particular profession, the interests of individuals engaged in that
profession and the public interest.

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 The roles of these professional associations have been variously defined: "A group
of people in a learned occupation who are entrusted with maintaining control or
oversight of the legitimate practice of the occupation;" also a body acting "to
safeguard the public interest;" organizations which "represent the interest of the
professional practitioners," and so "act to maintain their own privileged and
powerful position as a controlling body."

Some of the professional societies of engineers in Kenya are:

1. Institution of Engineers of Kenya (IEK).

2. Association of Consulting Engineers of Kenya (ACEK)
3. Kenya Society of Agricultural Engineers (KSAE)
4. Kenya Society of Civil Engineers (KSCE).
5. Kenya Society of Mechanical Engineers (KSME).
6. Kenya Society of Electrical Engineers (KSEE).
7. Geospatial society of Kenya (GSK)

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 Problem Sheet 2

1. Describe the process of becoming a:

i. Professional Engineer
ii. Professional Engineering technologist
iii. Graduate Engineer
iv. Contractor
v. Member IEK
2. Define and briefly outline the role of:
i. EBK
ii. IEK
iii. AAK (E)
iv. ACEK
v. KNAS
vi. GSK
vii. ISK
viii. ASHRAE
ix. ASCE
x. ICT
xi. IEEE
xii. CIBS
xiii. ASME
3. What is?
i. Infrastructure
ii. Appropriate Technology
iii. Access Road
4. Explain the role professional ethics in engineering practice.
5. What regional factors influence the choice of building materials?
6. What is the role of the engineer in the Road system?
7. Briefly define Structural Engineering.
8. What employment prospects are there for Environmental Engineers in Kenya?

100
9. What are the roles of Civil Engineering in the following sectors
i. Agriculture
ii. Fisheries
iii. Communication
iv. Roads
v. Wildlife
vi. Education
vii. Health
viii. Consultancy
ix. Land
x. Politics
xi. Advertising
10. What is Environmental Engineering? What employment prospects are there for
a graduate of this option in Kenya?
11. What is Instrumentation and Control Engineering? What employment
prospects are there for a graduate of this in Kenya?
12. What is Computer Systems Engineering? What employment prospects are there
for a graduate of this in Kenya?
13. What is the current power generation in Kenya? What is the optimal capacity
at present? What is the optimal capacity in ten years’ time?
14. What are the options for power generation in Kenya?

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Reference

1. Richey, C.B, P. Jacobson, C.W Hall. 1961. Agricultural Engineers’ Handbook.

2. Mc Graw-Hall Book Co. New York
2. Gumbe, L.O. 2003. Engineering the future. American Society of Civil
Engineers. 4. www.ceworld.org
3. United States Department of Labour www.bls.gov
4. Republic of Kenya. Engineers Registration Act, Cap 530.

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 3.0.ENGINEERING MANAGEMENT

3.1.Introduction

Engineering management is a term used to describe a specialized form of

management that is required to successfully lead engineering personnel and
projects. The term can be used to describe either functional management or
project management- leading technical professionals who are working in the fields
of product development, manufacturing, construction, design engineering,
industrial engineering, technology, production, or any other field that employs
personnel who perform an engineering function.

Successfully engineering mangers typically require training and experience in

both general management (which may include business administration) and the
specific engineering disciplines that will be used by the engineering team to be
managed. But additionally, the successful engineering manager must understand
that the factors that cause certain individuals to pursue careers in engineering are
often quite different than those for individuals who are driven by purely
entrepreneurial thinking. Consequently, the skills necessary to coach, mentor and
motivate technical professionals are often very different from those that are
required for individuals in other fields. It also creates dependability.

Formal engineering management education is generally imparted at the graduate

level and is in an up and coming academic field. Candidates are required to process
an academic undergraduate degree with a major in engineering, computer science,
mathematics or the sciences. The length for study for such a degree is usually
between a year and two and the completed degree may be designated as a master
of Engineering management, MS in Engineering management, MS in management
science and Engineering, depending upon the university. Engineering
management students possess a wide variety in the amount of work experience
they will have before enrolling, mostly dedicated by program requirements. The
degree generally includes units covering management, Entrepreneurship,
marketing, finance, optimization, innovation, operations and project

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 management, among many others. Students often chose to specialize in one or
more sub-disciplines such as Marketing, Healthcare and Energy.

There are a number of societies and organizations dedicated to the field of

engineering management. One of the largest societies is a division of IEEE, the
engineering management society, which regularly publishes a trade magazine.
Another prominent professional organization in the field is the American Society
of Engineering Management, which was founded in 1979 by a group of 20
engineering managers from industry. The master of Engineering Management
programs consortium is a newly formed consortium of prominent universities
intended to raise the value and visibility of the MEM degree.

3.2.Human Resource Management

Human beings are social beings and hardly ever live and work in isolation. We
always plan, develop and manage our relations both consciously and
unconsciously. The relations are the outcome of our actions and depend to a great
extent upon our ability to manage our actions. From childhood each and every
individual acquire knowledge and experience on understanding others and how
to behave in each and every situation in life. Later we carry forward this learning
and understanding in carrying and managing relations at our workplace. The
whole context of Human Resource Management revolves around this core matter
of managing relations at work place.

Since mid-1980’s Human Resource Management (HRM) has gained acceptance in

both academic and commercial circle. HRM is a multidisciplinary organizational
function that draws theories and ideas from various fields such as management,
psychology, sociology and economics.

There is no best way to manage people and no manager has formulated how people
can be managed effectively, because people are complex beings with complex
needs. Effective HRM depends very much on the causes and conditions that an
organizational setting would provide. Any Organization has three basic
components, People, Purpose, and Structure

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3.2.1 Definitions of HRM

Human resources management (HRM) is a management function concerned with

hiring, motivating and maintaining people in an organization. It focuses on people
in organizations. Human resource management is designing management systems
to ensure that human talent is used effectively and efficiently to accomplish
organizational goals.

HRM is the personnel function which is concerned with procurement,

development, compensation, integration and maintenance of the personnel of an
organization for the purpose of contributing towards the accomplishments of the
organization’s objectives. Therefore, personnel management is the planning,
organizing, directing, and controlling of the performance of those operative
functions (Edward B. Philippo).

According to the Invancevich and Glueck, “HRM is concerned with the most
effective use of people to achieve organizational and individual goals. It is the way
of managing people at work, so that they give their best to the organization”.

According to Dessler (2008) the policies and practices involved in carrying out the
“people” or human resource aspects of a management position, including
recruiting, screening, training, rewarding, and appraising comprises of HRM.

Generally, HRM refers to the management of people in organizations. It comprises

of the activities, policies, and practices involved in obtaining, developing,
utilizing, evaluating, maintaining, and retaining the appropriate number and skill
mix of employees to accomplish the organization’s objectives. The goal of HRM is
to maximize employees’ contributions in order to achieve optimal productivity
and effectiveness, while simultaneously attaining individual objectives (such as
having a challenging job and obtaining recognition), and societal objectives (such
as legal compliance and demonstrating social responsibility).

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 In short Human Resource Management (HRM) can be defined as the art of
procuring, developing and maintaining competent workforce to achieve the goals
of an organization in an effective and efficient manner.

3.2.2 Nature of HRM

HRM is a management function that helps managers to recruit, select, train and
develop members for an organization. HRM is concerned with people’s dimension
in organizations.

The following constitute the core of HRM

a) HRM Involves the Application of Management Functions and Principles: The

functions and principles are applied to acquiring, developing, maintaining and
providing remuneration to employees in organization.
b) Decision Relating to Employees must be integrated: Decisions on different
aspects of employees must be consistent with other human resource (HR)
decisions.
c) Decisions Made Influence the Effectiveness of an Organization: Effectiveness of
an organization will result in betterment of services to customers in the form
of high quality products supplied at reasonable costs.
d) HRM Functions are not confined to Business Establishments Only but applicable
to nonbusiness organizations such as education, health care, recreation and
like.

HRM refers to a set of programmes, functions and activities designed and carried
out in order to maximize both employee as well as organizational effectiveness.

3.2.3 Scope of HRM

The scope of HRM is indeed vast. All major activities in the working life of a
worker – from the time of his or her entry into an organization until he or she
leaves the organizations comes under the purview of HRM.

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The major HRM activities include HR planning, job analysis, job design, employee
hiring, employee and executive remuneration, employee motivation, employee
maintenance, industrial relations and prospects of HRM.

The scope of Human Resources Management extends to:

• All the decisions, strategies, factors, principles, operations, practices, functions,

activities and methods related to the management of people as employees in any
type of organization.
• All the dimensions related to people in their employment relationships, and all
the dynamics that flow from it.

Figure 3.1: Scope of HRM

The scope of HRM is really vast. All major activities in the working life of a worker
from the time of his or her entry into an organization until he or she leaves it
comes under the purview of HRM.

American Society for Training and Development (ASTD) conducted fairly an

exhaustive study in this field and identified nine broad areas of activities of HRM.

These are given below:

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 • Human Resource Planning
• Design of the Organization and Job
• Selection and Staffing
• Training and Development
• Organizational Development
• Compensation and Benefits
• Employee Assistance
• Union/Labour Relations
• Personnel Research and Information System
a) Human Resource Planning: The objective of HR Planning is to ensure that the
organization has the right types of persons at the right time at the right place. It
prepares human resources inventory with a view to assess present and future
needs, availability and possible shortages in human resource. Thereupon, HR
Planning forecast demand and supplies and identify sources of selection. HR
Planning develops strategies both long-term and short-term, to meet the man-
power requirement.
b) Design of Organization and Job: This is the task of laying down organization
structure, authority, relationship and responsibilities. This will also mean
definition of work contents for each position in the organization. This is done by
“job description”. Another important step is “Job specification”. Job specification
identifies the attributes of persons who will be most suitable for each job which is
defined by job description.
c) Selection and Staffing: This is the process of recruitment and selection of staff. This
involves matching people and their expectations with which the job specifications
and career path available within the organization.
d) Training and Development: This involves an organized attempt to find out training
needs of the individuals to meet the knowledge and skill which is needed not only
to perform current job but also to fulfil the future needs of the organization.

108
e) Organizational Development: This is an important aspect whereby “Synergetic
effect” is generated in an organization i.e. healthy interpersonal and inter-group
relationship within the organization.
f) Compensation and Benefits: This is the area of wages and salaries administration
where wages and compensations are fixed scientifically to meet fairness and equity
criteria. In addition, labour welfare measures are involved which include benefits
and services.
g) Employee Assistance: Each employee is unique in character, personality,
expectation and temperament. By and large each one of them faces problems every
day. Some are personal some are official. In their case he or she remains worried.
Such worries must be removed to make him or her more productive and happy.
h) Union-Labour Relations: Healthy Industrial and Labour relations are very
important for enhancing peace and productivity in an organization. This is one of
the areas of HRM.
i) Personnel Research and Information System: Knowledge on behavioral science and
industrial psychology throws better insight into the workers’ expectations,
aspirations and behaviour. Advancement of technology of product and production
methods have created working environment which are much different from the
past. Globalization of economy has increased competition many fold. Science of
ergonomics gives better ideas of doing a work more conveniently by an employee.
Thus, continuous research in HR areas is an unavoidable requirement. It must also
take special care for improving exchange of information through effective
communication systems on a continuous basis especially on moral and motivation.

HRM is a broad concept; personnel management (PM) and Human resource

development (HRD) are a part of HRM.

3.2.4 Objectives of HRM

The primary objective of HRM is to ensure the availability of competent and

willing workforce to an organization. The specific objectives include the
following:

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 i. Human capital: assisting the organization in obtaining the right number and
types of employees to fulfill its strategic and operational goals
ii. Developing organizational climate: helping to create a climate in which
employees are encouraged to develop and utilize their skills to the fullest and
to employ the skills and abilities of the workforce efficiently
iii. Helping to maintain performance standards and increase productivity through
effective job design; providing adequate orientation, training and development;
providing performance-related feedback; and ensuring effective two-way
communication.
iv. Helping to establish and maintain a harmonious employer/employee
relationship
v. Helping to create and maintain a safe and healthy work environment.
vi. Developing programs to meet the economic, psychological, and social needs of
the employees and helping the organization to retain the productive employees
vii. Ensuring that the organization is in compliance with provincial/territorial and
federal laws affecting the workplace (such as human rights, employment
equity, occupational health and safety, employment standards, and labour
relations legislation). To help the organization to reach its goals
viii. To provide organization with well-trained and well-motivated employees
ix. To increase the employees’ satisfaction and self-actualization
x. To develop and maintain the quality of work life
xi. To communicate HR policies to all employees.
xii. To help maintain ethical polices and behavior.

The above stated HRM objectives can be summarized under four specific
objectives: societal, organizational, and functional and personnel.

I. Societal Objectives: seek to ensure that the organization becomes socially

responsible to the needs and challenges of the society while minimizing the
negative impact of such demands upon the organization. The failure of the

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 organizations to use their resources for the society’s benefit in ethical ways may
lead to restriction.
II. Organizational Objectives: it recognizes the role of HRM in bringing about
organizational effectiveness. It makes sure that HRM is not a standalone
department, but rather a means to assist the organization with its primary
objectives. The HR department exists to serve the rest of the organization.
III. Functional Objectives: is to maintain the department’s contribution at a level
appropriate to the organization’s needs. Human resources are to be adjusted to
suit the organization’s demands. The department’s value should not become too
expensive at the cost of the organization it serves.
IV. Personnel Objectives: it is to assist employees in achieving their personal goals,
at least as far as these goals enhance the individual’s contribution to the
organization. Personal objectives of employees must be met if they are to be
maintained, retained and motivated. Otherwise employee performance and
satisfaction may decline giving rise to employee turnover.

HRM Objectives Supporting Functions

• Legal compliance
1 Societal Objectives
• Benefits
• Union-management relations
• Human Resource Planning
2 Organizational Objectives
• Employee relations
• Selection
• Training and development
• Appraisal
• Placement
• Assessment
• Appraisal
3 Functional Objectives
• Placement
• Assessment
• Training and development
4 Personal Objectives
• Appraisal
• Placement
• Compensation
• Assessment

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3.2.5 Functions of HRM

Human Resources management has an important role to play in equipping

organizations to meet the challenges of an expanding and increasingly competitive
sector. Increase in staff numbers, contractual diversification and changes in
demographic profile which compel the HR managers to reconfigure the role and
significance of human resources management. The functions are responsive to
current staffing needs, but can be proactive in reshaping organizational objectives.

The functions can be grouped as follows:

i. Strategic HR Management: As a part of maintaining organizational

competitiveness, strategic planning for HR effectiveness can be increased
through the use of HR metrics and HR technology. Human resource planning
(HRP) function determine the number and type of employees needed to
accomplish organizational goals. HRP includes creating venture teams with a
balanced skill-mix, recruiting the right people, and voluntary team assignment.
This function analyzes and determines personnel needs in order to create
effective innovation teams. The basic HRP strategy is staffing and employee
development.
ii. Equal Employment Opportunity: Compliance with equal employment
opportunity (EEO) laws and regulations affects all other HR activities.
iii. Staffing: The aim of staffing is to provide a sufficient supply of qualified
individuals to fill jobs in an organization. Job analysis, recruitment and
selection are the main functions under staffing. Workers job design and job
analysis laid the foundation for staffing by identifying what diverse people do
in their jobs and how they are affected by them. Job analysis is the process of
describing the nature of a job and specifying the human requirements such as
knowledge, skills, and experience needed to perform the job. The end result of
job analysis is job description. Job description spells out work duties and
activities of employees. Through HR planning, managers anticipate the future
supply of and demand for employees and the nature of workforce issues,

112
 including the retention of employees. So HRP precedes the actual selection of
people for organization. These factors are used when recruiting applicants for
job openings. The selection process is concerned with choosing qualified
individuals to fill those jobs. In the selection function, the most qualified
applicants are selected for hiring from among the applicants based on the extent
to which their abilities and skills are matching with the job.
iv. Talent Management and Development: Beginning with the orientation of new
employees, talent management and development includes different types of
training. Orientation is the first step towards helping a new employee to adjust
himself to the new job and the employer. It is a method to acquaint new
employees with particular aspects of their new job, including pay and benefit
programmes, working hours and company rules and expectations. Training and
Development programs provide useful means of assuring that the employees
are capable of performing their jobs at acceptable levels and also more than
that. All the organizations provide training for new and in experienced
employee. In addition, organization often provide both on the job and off the
job training programmes for those employees whose jobs are undergoing
change. Likewise, HR development and succession planning of employees and
managers is necessary to prepare for future challenges. Career planning has
developed as result of the desire of many employees to grow in their jobs and
to advance in their career. Career planning activities include assessing an
individual employee’s potential for growth and advancement in the
organization. Performance appraisal includes encouraging risk taking,
demanding innovation, generating or adopting new tasks, peer evaluation,
frequent evaluations, and auditing innovation processes. This function
monitors employee performance to ensure that it is at acceptable levels. This
strategy appraises individual and team performance so that there is a link
between individual innovativeness and company profitability. Which tasks
should be appraised and who should assess employees’ performance are also
taken into account.

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 v. Total Rewards: Compensation in the form of pay, incentives and benefits are
the rewards given to the employees for performing organizational work.
Compensation management is the method for determining how much
employees should be paid for performing certain jobs. Compensation affects
staffing in that people are generally attracted to organizations offering a higher
level of pay in exchange for the work performed. To be competitive, employers
develop and refine their basic compensation systems and may use variable pay
programs such as incentive rewards, promotion from within the team,
recognition rewards, balancing team and individual rewards etc. This function
uses rewards to motivate personnel to achieve an organization’s goals of
productivity, innovation and profitability. Compensation is also related to
employee development in that it provides an important incentive in motivating
employees to higher levels of job performance to higher paying jobs in the
organization. Benefits are another form of compensation to employees other
than direct pay for the work performed. Benefits include both legally required
items and those offered at employer’s discretion. Benefits are primarily related
to the area of employee maintenance as they provide for many basic employee
needs.
vi. Risk Management and Worker Protection: HRM addresses various workplace
risks to ensure protection of workers by meeting legal requirements and being
more responsive to concern for workplace health and safety along with disaster
and recovery planning.
vii. Employee and Labor Relations: The relationship between managers and their
employees must be handled legally and effectively. Employer and employee
rights must be addressed. It is important to develop, communicate, and update
HR policies and procedures so that managers and employees alike know what
is expected. In some organizations, union/management relations must be
addressed as well. The term labour relation refers to the interaction with
employees who are represented by a trade union. Unions are organization of
employees who join together to obtain more voice in decisions affecting wages,

114
 benefits, working conditions and other aspects of employment. With regard to
labour relations the major function of HR personnel includes negotiating with
the unions regarding wages, service conditions and resolving disputes and
grievances.

3.2.6 Roles of HRM

The role of HRM is to plan, develop and administer policies and programs designed
to make optimum use of an organizations human resources. It is that part of
management which is concerned with the people at work and with their
relationship within enterprises. Its objectives are:

a) Effective utilization of human resources,

b) Desirable working relationships among all members of the organizations,
c) Maximum individual development. Human resources function as primarily
administrative and professional. HR staff focused on administering benefits and
other payroll and operational functions and didn’t think of themselves as
playing a part in the firm’s overall strategy.

The first and foremost role of HR personnel is to impart continuous education to

the employees about the changes and challenges facing the country in general and
their organization in particular. The employees should know about the balance
sheet of the company, sales progress, and diversification of plans, share price
movements, turnover and other details about the company. The HR professionals
should impart such knowledge to all employees through small booklets, video
films and lectures.

The primary responsibilities of Human Resource managers are:

• To develop a thorough knowledge of corporate culture, plans and policies.

• To act as an internal change agent and consultant
• To initiate change and act as an expert and facilitator
• To actively involved in company’s strategy formulation

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• To keep communication line open between the HRD function and individuals
and groups both within and outside the organization\
• To identify and evolve HRD strategies in consonance with overall business
strategy.
• To facilitate the development of various organizational teams and their working
relationship with other teams and individuals.
• To try and relate people and work so that the organization objectives are
achieved efficiently and effectively.
• To diagnose problems and determine appropriate solution particularly in the
human resource areas.
• To provide co-ordination and support services for the delivery of HRD
programmes and services
• To evaluate the impact of an HRD intervention or to conduct research so as to
identify, develop or test how HRD In general has improved individual and
organizational performance.

According to Dave Ulrich HR play’s four key roles.

1. Strategic Partner Role-turning strategy into results by building organizations

that create value;
2. Change Agent Role- making change happen, and in particular, help it happen
fast
3. Employees Champion Role—managing the talent or the intellectual capital
within a firm
4. Administrative Role—trying to get things to happen better, faster and cheaper.

The role HR in organizations has undergone an extensive change and many

organizations have gradually oriented themselves from the traditional
personnel management to a human resources management approach.

The basic approach of HRM is to perceive the organization as a whole. Its emphasis
is not only on production and productivity but also on the quality of life. It seeks

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 to achieve the paramount development of human resources and the utmost
possible socio-economic development.

List of human resource development association include:

i. The Society for Human Resource Management: Which is based in the United
States, is the largest professional association dedicated to HR, with over 250,000
members in 140 countries. It offers a suite of Professional in Human Resources
(PHR) certifications through its HR Certification Institute.
ii. The Chartered Institute of Personnel and Development: Based in England, is
the oldest professional HR association, with its predecessor institution being
founded in 1918.

Other bodies serve an equal niche including: The Institute of Recruiters (IOR), the
American Society for Training & Development and Recognition Professionals
International.

3.3.Financial Management

Financial management refers to the efficient and effective management of money

(funds) in such a manner as to accomplish the objectives of the organization. It is
the specialized function directly associated with the top management. The
significance of this function is not seen in the 'Line' but also in the capacity of
'Staff' in overall of a company. It has been defined differently by different experts
in the field.

Wealth maximisation is the main objective of financial management and growth

is essential for increasing the wealth of equity shareholders. The growth can be
achieved through expanding its existing markets or entering in new markets. A
company can expand/diversify its business internally or externally which can also
be known as internal growth and external growth. Internal growth requires that
the company increase its operating facilities i.e. marketing, human resources,
manufacturing, research, IT etc. which requires huge amount of funds. Besides a
huge amount of funds, internal growth also require time. Thus, lack of financial
resources or time needed constrains a company’s space of growth. The company

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 can avoid these two problems by acquiring production facilities as well as other
resources from outside through mergers and acquisitions.

3.3.1 Budgeting

Budgeting is part of the management control process by which “managers assure

that resources are obtained and used efficiently and effectively in the
accomplishment of the organization’s objectives.” Budgeting is an important
component of financial success. It's not difficult to implement, and it's not just for
people with limited funds. Budgeting makes it easier for people with incomes and
expenses of all sizes to make conscious decisions about how they would prefer to
allocate their money. It can also help people save for retirement, emergencies, new
car or just about anything. For many people, having a solid budget in place,
knowing how much money they have and knowing exactly where that money is
going makes it easier for them to sleep at night.

There are several kinds of budgets, and while specific terminology may vary from
company to company, budgets generally fall into one of three categories.

Capital budgets. These budgets portray the corporation’s planned and approved
capital expenditures for periods from one to ten years.

Financial budgets. Such budgets typically project cash flow statements, balance
sheets, and statements of sources and uses of funds.

Operational budgets. These usually consist of projected income statements and a

series of supporting statements—such as budgeted sales, budgeted production (in
detail), budgeted cost of goods sold, budgeted selling expenses, and budgeted
general and administrative expenses.

3.3.2 Introduction to accounting

In all activities (whether business activities or non-business activities) and in all

organizations (whether business organizations like a manufacturing entity or
trading entity or non-business organizations like schools, colleges, hospitals,
libraries, clubs, temples, political parties) which require money and other

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 economic resources, accounting is required to account for these resources. In other
words, wherever money is involved, accounting is required to account for it.
Accounting is often called the language of business. The basic function of any
language is to serve as a means of communication. Accounting also serves this
function.

A. Meaning and Definition of Book Keeping

Meaning

Book- keeping includes recording of journal, posting in ledgers and balancing of

accounts. All the records before the preparation of trail balance is the whole
subject matter of book- keeping. Thus, book- keeping many be defined as the
science and art of recording transactions in money or money’s worth so accurately
and systematically, in a certain set of books, regularly that the true state of
businessman’s affairs can be correctly ascertained. Here it is important to note that
only those transactions related to business are recorded which can be expressed in
terms of money.

Definition

Book- keeping is the art of recording business transactions in a systematic

manner”. A.H.Rosenkamph.

“Book- keeping is the science and art of correctly recording in books of account
all those business transactions that result in the transfer of money or money’s
worth”. R.N.Carter.

Objective of Book Keeping

• Book- keeping provides a permanent record of each transactions.

• Soundness of a firm can be assessed from the records of assets and abilities on a
particular date.
• Entries related to incomes and expenditures of a concern facilitate to know the
profit and loss for a given period.

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• It enables to prepare a list of customers and suppliers to ascertain the amount to
be received or paid.
• It is a method gives opportunities to review the business policies in the light of the
past records.
• Amendment of business laws, provision of licenses, assessment of taxes etc., are
based on records.

3.3.3 Accounting

A. Meaning of Accounting

Accounting, as an information system is the process of identifying, measuring and

communicating the economic information of an organization to its users who need
the information for decision making. It identifies transactions and events of a
specific entity. A transaction is an exchange in which each participant receives or
sacrifices value (e.g. purchase of raw material). An event (whether internal or
external) is a happening of consequence to an entity (e.g. use of raw material for
production). An entity means an economic unit that performs economic activities.

B. Definition of Accounting

American Institute of Certified Public Accountants (AICPA) which defines

accounting as “the art of recording, classifying and summarizing in a significant
manner and in terms of money, transactions and events, which are, in part at least,
of a financial character and interpreting the results thereof”.

C. Objectives of Accounting

Objective of accounting may differ from business to business depending upon their
specific requirements. However, the following are the general objectives of
accounting.

i. To keeping systematic record: It is very difficult to remember all the business

transactions that take place. Accounting serves this purpose of record keeping by
promptly recording all the business transactions in the books of account.

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 ii. To ascertain the results of the operation: Accounting helps in ascertaining result
i.e., profit earned or loss suffered in business during a particular period. For this
purpose, a business entity prepares either a Trading and Profit and Loss account
or an Income and Expenditure account which shows the profit or loss of the
business by matching the items of revenue and expenditure of some period.
iii. To ascertain the financial position of the business: In addition to profit, a
businessman must know his financial position i.e., availability of cash, position
of assets and liabilities etc. This helps the businessman to know his financial
strength. Financial statements are barometers of health of a business entity.
iv. To portray the liquidity position: Financial reporting should provide information
about how an enterprise obtains and spends cash, about its borrowing and
repayment of borrowing, about its capital transactions, cash dividends and other
distributions of resources by the enterprise to owners and about other factors
that may affect an enterprise’s liquidity and solvency.
v. To protect business properties: Accounting provides upto date information about
the various assets that the firm possesses and the liabilities the firm owes, so that
nobody can claim a payment which is not due to him.
vi. To facilitate rational decision – making: Accounting records and financial
statements provide financial information which help the business in making
rational decisions about the steps to be taken in respect of various aspects of
business.
vii. To satisfy the requirements of law: Entities such as companies, societies, public
trusts are compulsorily required to maintain accounts as per the law governing
their operations such as the Companies Act, Societies Act, and Public Trust Act
etc. Maintenance of accounts is also compulsory under the Sales Tax Act and
Income Tax Act.
D. Importance of Accounting
i. Owners: The owners provide funds or capital for the organization. They possess
curiosity in knowing whether the business is being conducted on sound lines
or not and whether the capital is being employed properly or not. Owners,

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 being businessmen, always keep an eye on the returns from the investment.
Comparing the accounts of various years helps in getting good pieces of
information.
ii. Management: The management of the business is greatly interested in knowing
the position of the firm. The accounts are the basis, the management can study
the merits and demerits of the business activity. Thus, the management is
interested in financial accounting to find whether the business carried on is
profitable or not. The financial accounting is the “eyes and ears of management
and facilitates in drawing future course of action, further expansion etc.”
iii. Creditors: Creditors are the persons who supply goods on credit, or bankers or
lenders of money. It is usual that these groups are interested to know the
financial soundness before granting credit. The progress and prosperity of the
firm, two which credits are extended, are largely watched by creditors from
the point of view of security and further credit. Profit and Loss Account and
Balance Sheet are nerve centres to know the soundness of the firm.
iv. Employees: Payment of bonus depends upon the size of profit earned by the
firm. The more important point is that the workers expect regular income for
the bread. The demand for wage rise, bonus, better working conditions etc.
depend upon the profitability of the firm and in turn depends upon financial
position. For these reasons, this group is interested in accounting.
v. Investors: The prospective investors, who want to invest their money in a firm,
of course wish to see the progress and prosperity of the firm, before investing
their amount, by going through the financial statements of the firm. This is to
safeguard the investment. For this, this group is eager to go through the
accounting which enables them to know the safety of investment.
vi. Government: Government keeps a close watch on the firms which yield good
amount of profits. The state and central Governments are interested in the
financial statements to know the earnings for the purpose of taxation. To
compile national accounting is essential.

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vii. Consumers: These groups are interested in getting the goods at reduced price.
Therefore, they wish to know the establishment of a proper accounting control,
which in turn will reduce to cost of production, in turn less price to be paid by
the consumers. Researchers are also interested in accounting for interpretation.
viii. Research Scholars: Accounting information, being a mirror of the financial
performance of a business organization, is of immense value to the research
scholar who wants to make a study into the financial operations of a particular
firm. To make a study into the financial operations of a particular firm, the
research scholar needs detailed accounting information relating to purchases,
sales, expenses, cost of materials used, current assets, current liabilities, fixed
assets, long-term liabilities and share-holders funds which is available in the
accounting record maintained by the firm.
E. Functions of Accounting
i. Record Keeping Function: The primary function of accounting relates to
recording, classification and summary of financial transactions-journalisation,
posting, and preparation of final statements. These facilitate to know operating
results and financial positions. The purpose of this function is to report
regularly to the interested parties by means of financial statements. Thus
accounting performs historical function i.e., attention on the past performance
of a business; and this facilitates decision making programme for future
activities.
ii. Managerial Function: Decision making programme is greatly assisted by
accounting. The managerial function and decision making programmes,
without accounting, may mislead. The day-to-day operations are compared
with some predetermined standard. The variations of actual operations with
pre-determined standards and their analysis is possible only with the help of
accounting.
iii. Legal Requirement function: Auditing is compulsory in case of registered firms.
Auditing is not possible without accounting. Thus accounting becomes

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 compulsory to comply with legal requirements. Accounting is a base and with
its help various returns, documents, statements etc., are prepared.
iv. Language of Business: Accounting is the language of business. Various
transactions are communicated through accounting. There are many parties-
owners, creditors, government, employees etc., who are interested in knowing
the results of the firm and this can be communicated only through accounting.
The accounting shows a real and true position of the firm or the business.
F. Advantages of Accounting

The following are the advantages of accounting to a business:

i. It helps in having complete record of business transactions.

ii. It gives information about the profit or loss made by the business at the close
of a year and its financial conditions. The basic function of accounting is to
supply meaningful information about the financial activities of the business to
the owners and the managers.
iii. It provides useful information form making economic decisions,
iv. It facilitates comparative study of current year’s profit, sales, expenses etc., with
those of the previous years.
v. It supplies information useful in judging the management’s ability to utilise
enterprise resources effectively in achieving primary enterprise goals.
vi. It provides users with factual and interpretive information about transactions
and other events which are useful for predicting, comparing and evaluation the
enterprise’s earning power.
vii. It helps in complying with certain legal formalities like filing of incometax and
sales-tax returns. If the accounts are properly maintained, the assessment of
taxes is greatly facilitated.

G. Limitations of Accounting
i. Accounting is historical in nature: It does not reflect the current financial
position or worth of a business.

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 ii. Transactions of non-monetary mature do not find place in accounting.
Accounting is limited to monetary transactions only. It excludes qualitative
elements like management, reputation, employee morale, labour strike etc.
iii. Facts recorded in financial statements are greatly influenced by accounting
conventions and personal judgements of the Accountant or Management.
Valuation of inventory, provision for doubtful debts and assumption about
useful life of an asset may, therefore, differ from one business house to another.
iv. Accounting principles are not static or unchanging-alternative accounting
procedures are often equally acceptable. Therefore, accounting statements do
not always present comparable data
v. Cost concept is found in accounting. Price changes are not considered. Money
value is bound to change often from time to time. This is a strong limitation of
accounting.
vi. Accounting statements do not show the impact of inflation.
vii. The accounting statements do not reflect those increase in net asset values that
are not considered realized.

3.3.4 Methods of Accounting

Business transactions are recorded in two different ways.

A. Single Entry

It is incomplete system of recording business transactions. The business

organization maintains only cash book and personal accounts of debtors and
creditors. So the complete recording of transactions cannot be made and trail
balance cannot be prepared.

B. Double Entry

It this system every business transaction is having a twofold effect of benefits

giving and benefit receiving aspects. The recording is made on the basis of both
these aspects. Double Entry is an accounting system that records the effects of
transactions and other events in atleast two accounts with equal debits and credits.

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 Steps involved in Double entry system

i. Preparation of Journal: Journal is called the book of original entry. It records

the effect of all transactions for the first time. Here the job of recording takes
place.
ii. Preparation of Ledger: Ledger is the collection of all accounts used by a business.
Here the grouping of accounts is performed. Journal is posted to ledger.
iii. Trial Balance preparation: Summarizing. It is a summary of ledge balances
prepared in the form of a list.
iv. Preparation of Final Account: At the end of the accounting period to know the
achievements of the organization and its financial state of affairs, the final
accounts are prepared.

Advantages of Double Entry System

i. Scientific system: This system is the only scientific system of recording business
transactions in a set of accounting records. It helps to attain the objectives of
accounting.
ii. Complete record of transactions: This system maintains a complete record of
all business transactions.
iii. A check on the accuracy of accounts: By use of this system the accuracy of
accounting book can be established through the device called a Trail balance.
iv. Ascertainment of profit or loss: The profit earned or loss suffered during a
period can be ascertained together with details by the preparation of Profit and
Loss Account.
v. Knowledge of the financial position of the business: The financial position of
the firm can be ascertained at the end of each period, through the preparation
of balance sheet.
vi. Full details for purposes of control: This system permits accounts to be prepared
or kept in as much detail as necessary and, therefore, affords significant
information for purposes of control etc.

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vii. Comparative study is possible: Results of one year may be compared with those
of the precious year and reasons for the change may be ascertained.
viii. Helps management in decision making: The management may be also to obtain
good information for its work, especially for making decisions.
ix. No scope for fraud: The firm is saved from frauds and misappropriations since
full information about all assets and liabilities will be available.

3.3.5 Types of Accounting

Types of Accounts

The object of book-keeping is to keep a complete record of all the transactions that
place in the business. To achieve this object, business transactions have been
classified into three categories:

i. Transactions relating to persons.

ii. Transactions relating to properties and assets
iii. Transactions relating to incomes and expenses.

The accounts falling under the first heading are known as ‘personal Accounts’. The
accounts falling under the third heading are called ‘Nominal Accounts’. The
accounts can also be classified as personal and impersonal.

A. Personal Accounts

Accounts recording transactions with a person or group of persons are known as

personal accounts. These accounts are necessary, in particular, to record credit
transactions. Personal accounts are of the following types:

a) Natural persons: An account recording transactions with an individual human

being is termed as a natural persons’ personal account. e.g., Kamal’s account,
Mala’s account, Sharma’s accounts. Both males and females are included in it
b) Artificial or legal persons: An account recording financial transactions with an
artificial person created by law or otherwise is termed as an artificial person,
personal account, e.g. Firms’ accounts, limited companies’ accounts, educational
institutions’ accounts, Co-operative society account.

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c) Groups/Representative personal Accounts: An account indirectly representing a
person or persons is known as representative personal account. When accounts
are of a similar nature and their number is large, it is better tot group them under
one head and open a representative personal accounts. e.g., prepaid insurance,
outstanding salaries, rent, wages etc. When a person starts a business, he is
known as proprietor. This proprietor is represented by capital account for all that
he invests in business and by drawings accounts for all that which he withdraws
from business. So, capital accounts and drawings account are also personal
accounts.

The rule for personal accounts is: Debit the receiver, Credit the giver.

B. Real Accounts

Accounts relating to properties or assets are known as ‘Real Accounts’, A separate

account is maintained for each asset e.g., Cash Machinery, Building, etc., Real
accounts can be further classified into tangible and intangible.

a) Tangible Real Accounts: These accounts represent assets and properties which
can be seen, touched, felt, measured, purchased and sold. e.g. Machinery
account Cash account, Furniture account, stock account etc.
b) Intangible Real Accounts: These accounts represent assets and properties which
cannot be seen, touched or felt but they can be measured in terms of money.
e.g., Goodwill accounts, patents account, Trademarks account, Copyrights
account, etc.

The rule for Real accounts is: Debit what comes in, Credit what goes out.

C. Nominal Accounts

Accounts relating to income, revenue, gain expenses and losses are termed as
nominal accounts. These accounts are also known as fictitious accounts as they do
not represent any tangible asset. A separate account is maintained for each head
or expense or loss and gain or income. Wages account, Rent account Commission
account, Interest received account are some examples of nominal account

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 The rule for Nominal accounts is: Debit all expenses and losses, Credit all incomes
and gains.

3.3.6 Distinction between Book-Keeping and Accounting

The difference between book-keeping and accounting can be summarized in a

tabular from as under:

Basis of Book-keeping Accounting

difference
Recording of transactions In books of To examine these recorded
Transactions
original entry. transactions in order to find
out their accuracy.
To examine this posting in
Posting To make posting in ledger
order to ascertain its accuracy.
To make total of the amount in journal and To prepare trial balance with
Total and
accounts of ledger. To ascertain balance in the help of balances of ledger
Balance
all the accounts. accounts.
Income Statement Preparation of trading, Preparation of trading, profits
Profit & loss account and balance sheet is and loss account and balance
and Balance
not book keeping sheet is included in it.
Sheet
Rectification of These are not included in book-keeping These are included in
errors accounting.
Special skill and It does not require any special skill and It requires special skill and
knowledge as in advanced countries this knowledge.
knowledge
work is done by machines.
A book-keeper is not liable for An accountant is liable for the
Liability
accountancy work. work of bookkeeper.

3.3.7 Branches of Accounting

The changing business scenario over the centuries gave rise to specialized branches
of accounting which could cater to the changing requirements. The branches of
accounting are;

i. Financial accounting;
ii. Cost accounting; and
iii. Management accounting.
A. Financial Accounting

The accounting system concerned only with the financial state of affairs and
financial results of operations is known as Financial Accounting. It is the original

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from of accounting. It is mainly concerned with the preparation of financial
statements for the use of outsiders like creditors, debenture holders, investors and
financial institutions. The financial statements i.e., the profit and loss account and
the balance sheet, show them the manner in which operations of the business have
been conducted during a specified period.

B. Cost Accounting

In view of the limitations of financial accounting in respect of information relating

to the cost of individual products, cost accounting was developed. It is that branch
of accounting which is concerned with the accumulation and assignment of
historical costs to units of product and department, primarily for the purpose of
valuation of stock and measurement of profits. Cost accounting seeks to ascertain
the cost of unit produced and sold or the services rendered by the business unit
with a view to exercising control over these costs to assess profitability and
efficiency of the enterprise. It generally relates to the future and involves an
estimation of future costs to be incurred. The process of cost accounting based on
the data provided by the financial accounting.

C. Management Accounting

It is an accounting for the management i.e., accounting which provides necessary

information to the management for discharging its functions. According to the
Anglo-American Council on productivity, “Management accounting is the
presentation of accounting information is such a way as to assist management in
the creation of policy and the day-to-day operation of an undertaking.” It covers
all arrangements and combinations or adjustments of the orthodox information to
provide the Chief Executive with the information from which he can control the
business e.g. Information about funds, costs, profits etc. Management accounting
is not only confined to the area of cost accounting but also covers other areas (such
as capital expenditure decisions, capital structure decisions, and dividend
decisions) as well.

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3.4.Health and Safety

Health is the level of functional or metabolic efficiencies of a living organism. In

humans it is the ability of individuals or communities to adapt and self-manage
when facing physical, social or mental challenges.

Safety state of being safe or condition of being protected against physical, social,
spiritual, financial or any other event which is considered no-desirable. It can also
be defined as the control of recognized hazards to achieve an acceptable level of
risk.

To All workers have the right to return home safe and sound. Preventing work-
related illness and injury is the most important job at any workplace. In Kenya
this is under the ministry of labour, it is the work of the ministry to protect their
employs, also in the private sector. Health and safety deals with the
encouragement, regulation and enforcement of workplace health, safety and
welfare.

For Engineers and Technicians, they should be able to put on, industrial cloths as
prescribed from the health and safety act of Kenya of 2007 and revised in 2010. It
provides for the safety, health and welfare of workers and all persons lawfully
present at workplace.

It shows that it is the responsibility of every employer to ensure the safety, health
and welfare of all employees at work working in his/her workplace.

Section 101 of the occupation safety and health Act, requires that in workplaces
where employees are exposed to wet or to any injurious or offensive substances,
the employers must provide and maintain clothing and appliance that are
adequate, effective and suitably protective, including where necessary, suitable
gloves, footwear, goggles and head coverings. Again section 102 provides that
employer supplies suitable goggles or effective screens to protect the eyes of
person involved in:

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Dry grinding of metals, applied by hand to a revolving wheel or disk driven by
mechanical power.

Turning (external or internal) of non-ferrous metals, or of cast iron, or of articles

of such metal or iron, where the work is done dry other than precision turning
where the use of goggles or screen would seriously interfere with the work, or
turning by means of hand tools. Welding or cutting of metals by means of an
electrical oxyacetylene or similar process.

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 Problem Sheet 3

1. What is engineering management?

2. List seven fields in which engineering management is applied.

3. What is human resource management?

4. Discuss the various scopes of HRM.

5. What is financial management?

6. What is Health and Safety?

7. As Civil Engineers how do you ensure safety in work place? Highlighting from

the Occupation Health and Safety Act of 2007?

Reference

1. www.Wikipedia.com
2. Health Safety and Occupation Act of 2007 of Kenya.
3. Aswathappa. K. (2008), Human Resource and Personnel Management (5th
edition), Tata McGraw-Hill Publishing Company Ltd., New Delhi.
4. Biswajeet Pattanayak (2001), Human Resource Management, Prentice Hall of
India Pvt. Ltd., New Delhi.
5. Grewal, T.B, Double Entry Book Keeping.
6. Jain & Narang, Advanced Accountancy.
7. R.L. Gupta, Advanced Accountancy

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 4.0.PROFESSIONAL ETHICS

Professional Ethics encompasses the personal, organizational and corporate

standards of behaviour expected of professionals. Professionals are capable of
making judgments, applying the skills and reaching the informed decisions in
situations that the general public cannot, because they have not received the
relevant training. Some of the components of professional ethics include: honesty,
integrity, transparency, accountability, confidentiality, objectivity, respectfulness,
and loyalty. Engineering being one of the professional, Engineers whether
working as public servants or privately need to observe the highest degree of
professional conduct that merges the expectations.

In Kenya, professional ethics is anchored in Chapter 6 of the Constitution which

covers all profession in general. There are also relevant Professional Ethics Acts
and Bills dealing with specific professions. We have Engineers Act of 2011
stipulating how an Engineer ought to carry out him/herself while at duty and
Engineering Technologist and Technician Bill 2015.

4.1.Constitution of Kenya

The Constitution of Kenya requires that they conduct their mutual relations on
the basis of consultation and cooperation.

Chapter 6 of the constitution requires state officers to:

(c). exercise public trust in a manner that-

i. is consistence with the purposes and objects of the constitution;

ii. demonstrate respect for respect for the people;
iii. bring honour to the nation and dignity to the office; and
iv. promote public confidence in the integrity of the office;

(d). vest in the state officer the responsibility to serve the people, rather than to
rule them

2. The guiding principles of leadership and integrity include-

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 a) Selection on the basis of personal integrity, competence and suitability, or
election in free and fair elections;
b) objectivity and impartiality in decision making, and in ensuring that
decisions are not influenced by nepotism, favourism, other improper motives
or corrupt practices;
c) selfless service based on solely on the public interest, demonstrated by-
i. honesty in the execution of public duties; and
ii. The declaration of any personal interest that may conflict with public
duties;
d) Accountability to the public for decision and actions; and discipline and
commitment in service to the people

4.2.Public Officers Ethics Act

It is an ACT of Parliament to advance the ethics of public officers by providing for

a Code of Conduct and Ethics for public officers and requiring financial
declarations from certain public officers and to provide for connected purposes.

“Public officer” means any officer, employee or member, including an unpaid,

part-time or temporary officer, employee or member, of any of the following:

The Government or any department, service or undertaking of the Government;

i. The National Assembly or the Parliamentary Service;

ii. A local authority;
iii. Any corporation, council, board, committee or other body which has power
to act under and for the purposes of any written law relating to local
government, public health or undertakings of public utility or otherwise to
administer funds belonging to or granted by the Government or money
raised by rates, taxes or charges in pursuance of any such law;
iv. A co-operative society established under the Co-operative Societies Act;
Provided that this Act shall apply to an officer of a co-operative society
within the meaning of the Act.
v. A public university;

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vi. Any other body prescribed by regulation for the purposes of this paragraph;
“responsible Commission”, in relation to a public officer, means the
Commission determined under section 3 to be the responsible Commission
in relation to that public officer.

4.3.Conclusion

Professional Ethics enables professionals in different field, whether in public or

private sector to conduct themselves according to the ethical components. These
are: honesty, integrity, transparency, accountability, confidentiality, objectivity,
respectfulness, and loyalty.

Engineers are guided by the Kenyan constitution (CHAPTER 6), which requires
them to exercise public trust, follow the guiding principles of leadership and
integrity.

The Public Officers Ethics Acts, which provides any officer to conduct themselves
according to the code of conduct provided/ highlighted.

Carry out his duties in a way that maintain public confidence in the integrity of
his office.

Treat the public and his fellow officers with courtesy and respect.

Seek to improve the standards of performance and level of professionalism in his

organization

Observe official working hours and not to absent without proper authorization or
reasonable cause

Maintain appropriate dress and personal hygiene

Discharge any professional responsibilities in a professional manner

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Problem Sheet 4

1. What offences can lead to deregistration of an Engineer?

Reference

1. Constitution of Kenya, 2010

2. Republic of Kenya. Public Officer Ethics Act of 2009
3. Republic of Kenya. Engineers Act of 2012.

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5.0. APPENDICES

138
5.1. The Engineers Act, 2012

LAWS OF KENYA

The Engineers Act, 2012

No. 43 of 2011

Published by the National Council for Law

Reporting with the Authority of the Attorney-General

www.kenyalaw.org

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THE ENGINEERS ACT, 2011

No. 3 of 2012

ARRANGEMENT OF SECTIONS

Section

PART 1—PRELIMINARY

1—Short title and commencement.

2—Interpretation.

PART II—THE ENGINEERS REGISTRATION BOARD

3—Establishment and incorporation of the Board

4—Headquarters.

5—Membership of the Board.

6—Object and purpose of the Board.

7—Functions and powers of the Board.

8—Committees of the Board.

9—Delegation by the Board.

10—Conduct of business and affairs of the Board.

11—Tenure and vacation of office.

12—Remuneration of the Board members.

13—Appointment of the Registrar.

14—Functions of the Registrar.

15—Limitation of liability.

PART III—PROVISIONS RELATING TO REGISTRATION.

16—Qualifications for registration as professional or consulting engineers.

17—Application for registration.

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18—Qualification for registration as graduate engineers.

19—Application for registration.

20—Eligibility for registration as engineering consulting firm.

21—Application for registration.

22—Restrictions on registration of foreigners.

23—Temporary registration.

24—Accredited checkers.

25—Registration by the Board.

26—Effect of registration.

27—Register.

28—Alteration of the Register.

29—Removal of persons from the Register.

30—Publication of presentation

31— Imposition of levy.

PART IV—PROVISIONS RELATING TO LICENSING AND PRACTICE

32— Annual practising licence.

33—Renewal of a licence.

34—No fees to be charged by unlicensed persons.

35—Suspension of a licence.

36—Cancellation of a licence.

37—Effect of removal of name, suspension or cancellation of a licence.

38—Publication upon cancellation, revocation etc of a licence.

PART V—FINANCIAL PROVISIONS

39—Funds of the Board.

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40—Financial year.

41—Annual estimates.

42—Accounts and audit.

43—Investment of funds.

PART VI— PROVISIONS RELATING TO OFFENCES AND PENALTIES

44—False registration or licensing.

45—Professional misconduct.

46—Offences by persons or training institutions.

47—Prohibition for the use of the term engineer by unregistered or unlicensed

persons.

48—Prohibition on the provision of professional engineering services by body of

persons.

49—Prohibition on employment of unregistered persons.

50— Restriction on right to submit documents.

51—practising without license.

52—Obstruction of officers of the Board.

PART VII—COMPLAINTS AND DISCIPLINE BY THE BOARD

53—Complaints and disciplinary proceedings by the Board.

54—Appeals.

PART VIII—GENERAL PROVISIONS

55—General provisions in relation to exemptions.

56—Legal proceedings.

57—General penalty.

58—Rules.

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59—Repeal of Cap. 530.

60—Transitional provisions.

61—Act to supersede other Acts.

SCHEDULE—PROVISIONS RELATING TO MEETINGS OF THE BOARD

THE ENGINEERS ACT, 2011

No. 3 of 2012

Date of Assent: 27th January, 2012

Date of Commencement: By Notice

AN ACT of Parliament to provide for the training, registration and licensing of

engineers, the regulation and development of the practice of engineers and for
connected purposes

ENACTED by the Parliament of Kenya, as follows—

PART I— PRELIMINARY

Short title and commencement.

This Act may be cited as the Engineers Act, 2011 and shall come into operation on
such date as the Minister may, by the notice in the Gazette, appoint, and different
dates may be appointed for different provisions.

Interpretation.

(1) In this Act, unless the context otherwise requires—

"accredited checker" means a person qualified and registered as such under section
24;

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"Board" means the Engineers Board of Kenya established under section 3;

"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for
matters relating to engineering;

"code of ethics" means sets of standards for engineers' obligations to the public,
their clients, employers and the profession encompassing right conduct;

"consulting engineer" means an engineer registered as such under section 16 of

this Act;

“consulting engineering services” includes consultancy and advisory services

relating to independent professional engineering works, services or goods and
selling or supplying for gain or reward any plan, sketch, drawing, design,
specification or other documents relating to any professional engineering work,
service or good with a liability to be sued;

"engineer" means a person registered under this Act as a professional engineer or

consulting engineer and who holds a valid licence;

"engineering" means the creative application of scientific principles to design or

develop structures, machines, apparatus, or manufacturing processes, or works
utilizing them singly or in combination or to construct or operate the same with
full cognizance of their design or to forecast their behaviour under specific
operating conditions or aspects of intended functions, economics of operation and
safety to life and property;

"engineering organization" means organization whose functions involve the

planning, designing, processing and the delivery of engineering products and
services;

"firm" means engineering consulting firm registered under this Act;

"foreign person" means a person who is not a citizen or a permanent resident of

Kenya;

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"graduate engineer" means an engineer registered as such under section 18 of this
Act;

"licence" means an annual practising licence issued under section 32 of this Act or
a licence issued in another country and is recognized in Kenya;

"Principal Secretary" means the Principal Secretary for the time being responsible
for matters relating to a specified Ministry under this Act;

"professional engineer" means a person registered as such under section 16 of this

Act;

"professional engineering services" means engineering services and advice in

connection with any feasibility study, planning, survey, design, sketch, drawing,
specifications, construction, commissioning, operation, maintenance, supply of
specialized engineering equipment and management of engineering works or
projects and includes any other engineering services approved by the Board;

"professional engineering works" includes professional service, consultation,

investigation, evaluation, planning, designing or responsibility for supervision of
construction or operation and maintenance in connection with any public or
privately owned public utilities, building, machines, equipment, processes, works
or projects that requires application of engineering principles and data;

"Register" means the Register of registered persons and firms kept by the Registrar
in accordance with section 27 of this Act; and

"Registrar" means the Registrar of the Board appointed under section 13 (1) of this
Act.

(2) Despite subsection (1), until after the first election under the Constitution,
references in this Act to the words "Cabinet Secretary" or "Principal Secretary"
shall be construed to mean "Minister" or "Permanent Secretary" respectively.

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PART II— THE ENGINEERS BOARD OF KENYA

Establishment and incorporation of the Board.

3. (1) There is established a board to be known as the Engineers Board of Kenya.

(2) The Board shall be a body corporate with perpetual succession, and a common
seal and shall in its corporate name, be capable of—

suing and being sued;

taking, purchasing or otherwise acquiring, holding and disposing of movable and

immovable property;

borrowing money with the approval of the Cabinet Secretary;

entering into contracts; and

doing or performing all such other things or acts necessary for the proper discharge
of its functions under this Act, which may be lawfully done or performed by a
body corporate.

Headquarters.

The headquarters of the Board shall be in Nairobi and the Board may establish
branches at the Counties.

Membership of the Board.

(1) The Board shall consist of—

the chairperson who shall be appointed by the Cabinet Secretary from amongst
the members appointed under paragraph (g);

the Principal Secretary in the ministry for the time being responsible for matters
relating to engineering;

the Principal Secretary in the ministry for the time being responsible for matters
relating to finance;

the Principal Secretary in the ministry for the time being responsible for matters
relating to higher education;

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the chairman of the Institution of Engineers of Kenya;

the Registrar;

seven persons appointed by the Cabinet Secretary of whom-

three shall be persons representing different engineering disciplines, nominated

by the Institution of Engineers of Kenya;

one shall be a public officer from a public corporation involved in matters relating
to engineering;

one shall be a representative of universities nominated by universities offering

accredited engineering courses in Kenya; and

two shall be from the private sector.

(2) A person shall not be appointed a member of the Board under subsection (1)
(g) unless that person is a registered professional engineer under this Act.

Object and purpose of the Board.

The Board shall be responsible for the registration of engineers and firms,
regulation of engineering professional services, setting of standards, development,
and general practice of engineering.

Functions and powers of the Board.

(1) The functions and powers of the Board shall be to—

receive, consider, make decisions on applications for registration and register

approved applications;

keep and maintain the Register;

publish the names of registered and licensed persons under this Act;

issue licences to qualified persons under the provisions of this Act;

publish and disseminate materials relating to its work and activities;

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carry out inquiries on matters pertaining to registration of engineers and practice
of engineering;

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 persons

under this Act;

standards and professional ethics and relevant health and safety aspects are
observed;

assess, approve or reject engineering qualifications of foreign persons intending to

offer professional engineering services or works;

evaluate other engineering programmes both local and foreign for recognition by
the Board;

enter and inspect business premises for verification purposes or for monitoring
professional engineering works services and goods rendered by professional
engineers;

instruct, direct or order the suspension of any professional engineering services

works, projects, installation process or any other engineering works, which are
done without meeting the set out standards;

approve and accredit engineering programs in public and private universities and
other tertiary level educational institutions offering education in engineering;

set standards for engineers in management, marketing, professional ethics,

environmental issues, safety, legal matters or any other relevant field;

prepare detailed curriculum for registration of engineers and conduct professional

examinations for the purposes of registration;

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establish a school of engineering and provide facilities and opportunities for
learning, professional exposure and skills acquisition, and cause continuing
professional development programmes for engineers to be held;

establish the Kenya Academy of Engineering and Technology whose purpose shall
be to advise the National and the County Governments on policy matters relating
to engineering and technology;

plan, arrange, co-ordinate and oversee continuing professional training and

development and facilitate internship of graduate engineers;

collaborate with engineering training institutions, professional associations,

engineering organizations and other relevant bodies in matters relating to training
and professional development of engineers;

determine the fees to be charged by professional engineers and firms for

professional engineering services rendered from time to time;

hear and determine disputes relating to professional conduct or ethics of

engineers;

develop, maintain and enforce the code of ethics for the engineers and regulate
the conduct and ethics of engineering profession in general;

determine and define disciplines of engineering recognised under this Act; (w)
conduct recruitment of staff of the Board through a competitive process; and

(x) Carry out such other functions related to the implementation of this Act.

(2) Where any conflict arises between the provisions of this section and the
provisions of any other written law for the time being in force, the provisions of
this section shall prevail.

Committees of the Board.

8. (1) The Board may establish committees which shall consist of such number of
members as it may deem appropriate to perform such functions and duties as the
Board may determine.

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The Board shall appoint chairpersons of committees established under subsection
(1) from among its members.

The Board may where it considers appropriate, co-opt persons from outside the
Board by virtue of their knowledge or expertise in specific areas to be members of
its committees:

Provided that the persons co-opted by the Board shall be registered engineers.

All decisions by the committees established under subsection (1) shall be ratified
by the Board.

Delegation by the Board.

Subject to this Act, the Board may, by resolution either generally or in any
particular case, delegate to any committee of the Board or to any member, officer,
employee or an agent of the Board, the exercise of any of the functions or duties
of the Board under this Act.

Conduct of business and affairs of the Board.

The conduct and regulation of business and the affairs of the Board shall be in
accordance with the Schedule.

Tenure and vacation of office.

(1) A member of the Board, except an ex officio member, shall hold office for a
term of three years but shall be eligible for re-appointment for one further term
of three years.

(2) A member, other than an ex officio member of "the Board may—

at any time resign from office by notice, in writing, to the Cabinet Secretary;

be removed from office by the Cabinet Secretary on recommendation of the Board

if that member—

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has been absent from three consecutive meetings of the Board without the
permission of the chairperson;

is convicted of a criminal offence and sentenced to imprisonment for a term of six

months or more without an option of a fine;

becomes, for any reason including infirmity, incompetent or incapable of

performing the functions of the office;

ceases to be a registered person under this Act; or

is otherwise unable or unfit to discharge his functions.

Remuneration of Board members.

The Board shall pay its members remuneration or allowances as it may determine
upon approval of the Salaries and Remuneration Commission.

Appointment of the Registrar.

(1) There shall be a Registrar of the Board who shall be competitively recruited by
the Board and appointed by the Cabinet Secretary.

The Registrar shall hold office for such period and on such terms and conditions
of employment as the Board may determine.

The Registrar shall be an ex officio member of the Board but shall have no right to
vote at any meetings of the Board.

The Registrar shall be the Chief Executive Officer of the Board and shall, subject
to the direction of the Board, be responsible for the day to day management of the
Board.

A person shall not be appointed as a Registrar unless such person is registered as a

professional engineer under this Act and—

has at least an undergraduate degree in engineering from a recognised institution;

has at least ten years proven experience in the engineering field;

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has knowledge and experience in policy formulation, management and procedures
of the Government;

is knowledgeable in, or has actively contributed to the promotion of engineering

development agenda; and

meets the requirements of Chapter Six of the Constitution.

Functions of the Registrar.

14. The Registrar shall—

maintain the Register of persons registered in accordance with this Act;

sign, issue, renew and cancel certificates of registration and licences as may be
directed by the Board;

keep all documents and records including records of all assets of the Board;

prepare all documents due for gazettement as directed by the Board;

take and keep minutes of the Board meetings;

enforce decisions of the Board;

keep the seal of the Board in such custody as the Board may direct;

in consultation with the Board, be responsible for the direction of the affairs and
transactions of the Board, the exercise, discharge and performance of its
objectives, functions and duties;

ensure the maintenance of efficiency and discipline by all staff of the Board;

manage the budget of the Board to ensure that its funds are properly expended and
accounted for; and

Exercise and perform any other functions which the Board may determine from
time to time.

Limitation of liability.

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15. (1) A member of the Board shall not be personally liable for any act or default
of the Board done or omitted to be done in good faith in the course of carrying on
the functions of, or exercising of powers conferred upon the Board under this Act.

(2) Despite the provisions of subsection (1), the Board shall not be relieved of its
liability to pay compensation to any person for any injury to him, his property or
to any of his interest caused by the exercise of any power conferred by this Act or
by failure, whether wholly or partially, of any works.

PART III— PROVISIONS RELATING TO REGISTRATION

Qualifications for registration as Professional or Consulting engineers.

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—

for a professional engineer, that person—

is registered as a graduate engineer and has obtained practical experience as

prescribed under this Act;

has passed professional assessment examination conducted by the Board; and

is a corporate member of the Institution of Engineers of Kenya;

for a consulting engineer, that person—

has practised in a specialized engineering field as a professional engineer for a

period determined by the Board; and

has achieved a standard of competence to enable him to practise as a consulting

engineer in that particular specialization.

Application for registration.

17. (1) A person eligible to be registered as a professional or consulting engineer

under section 16 may apply to the Registrar, in a prescribed form and on payment
of prescribed fee, to be registered under this Act.

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(2) An application made under subsection (1) shall be accompanied with certified
copies of certificates and other documents as are necessary to prove qualification
for registration.

Qualifications for registration as graduate engineer.

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

holds a degree in engineering from a recognised university or such other

qualifications as the Board may determine; and

is a citizen or a permanent resident of Kenya.

Application for registration.

19. (1) A person eligible to be registered as a graduate engineer under this Act shall
apply to the Registrar.

(2) An application under this section shall be made in prescribed manner and form
and shall be accompanied by the prescribed fee.

Registration of an engineering consulting firm.

20. (1) Subject to the provisions of this Act, a person may register an engineering
consulting firm if—

the firm has a certificate of registration of a business name or a certificate of

incorporation;

it has at least one partner or principal shareholder who is registered as consulting

engineer and who has a valid licence in a specified discipline;

at least fifty one percent of the shares in the firm are held by Kenyan citizens; and

he fulfills any other condition as may be stipulated by the Board.

(2) The Board may register engineering consulting firms in different categories
and disciplines based on a criteria as shall be established by the Board.

Application for registration.

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21. (1) A person who wishes to register an engineering consulting firm under
section 20, may apply to the Registrar, in a prescribed form and on payment of a
prescribed fee, to be registered under this Act.

(2) An application made under subsection (1) shall—

be accompanied with such documents as are necessary to prove qualification for

registration;

provide the firm's profile of activities;

provide curriculum vitae of partners or directors; and

be accompanied with a written commitment that the Board shall be allowed to

verify the suitability of the firm for the purposes of registration.

(3) The Board may require the applicant to furnish such further information or
evidence of eligibility for registration as it may consider necessary and may require
the applicant to appear in person for an interview before the Board.

Restrictions on registration of foreigners.

22. A foreign person or firm shall not be registered as a. professional engineer or

consulting engineer or engineering consulting firm unless—

in the case of a natural person—

that person possesses the necessary qualifications recognized for the practice of
engineering as a professional engineer in the country where he normally practises
and that immediately before entering Kenya he was practising as a professional
engineer and holds a valid licence; and

he is a resident of Kenya with a valid working permit;

in the case of a firm, the firm is incorporated in Kenya and a minimum of fifty one
percent of its shares are held by Kenyan citizens.

Temporary registration.

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23. (1) A foreign person may be considered for registration as a temporary
professional engineer if that person satisfies the Board that— (a) he is not
ordinarily resident in Kenya;

he intends to be present in Kenya in the capacity of professional engineer for the

express purpose of carrying out specific work; and

he possesses the necessary qualifications recognised for the practice of engineering

as a professional engineer in the country where he normally practises and that
immediately before entering Kenya, was practising as a professional engineer and
holds a valid licence from his country of origin.

An application for registration under this section shall be in the prescribed form
and shall be accompanied by the prescribed fee as determined by the Board.

The Board may require an applicant to appear before it where it is in the process
of considering his application and shall require every applicant to produce
documentary evidence of his work or employment immediately prior to entering
in Kenya.

The registration of a person under this section shall be valid for the period or for
the duration of the work specified by the Board.

Where the expertise skills of a person registered under this section are not
available in Kenya, the Board shall notify the applicant and the applicant shall
provide an undertaking that the locals shall be trained to fill the skills gap.

Subject to subsection (4), the Board may approve temporary registration for such
period not exceeding one calendar year.

Accredited checkers.

24. (1) Subject to subsection (2), the Board may, upon application, register a person
as an accredited checker with powers to review and verify the work of a

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professional engineer in ensuring that the work is adequate and complies with
safety requirements.

(2) The Board may register a person as an accredited checker under subsection (1)
if such person—

is a consulting engineer registered in the relevant discipline of engineering

approved by the Board;

has at least fifteen years relevant and proven experience in design and construction
management specific to the work to be checked; and

Satisfies the Board that by virtue of his ability, standing in the profession, special
knowledge or practical experience, he is qualified to be registered under the Act.

(3) A person shall not perform functions or duties under this Act as an accredited
checker, unless that person is registered by the Board under this section.

Registration Board.

25. (1) The Registrar shall, so far as is practicable, bring by the every application
before the Board for consideration at its first meeting after receiving the
application.

Where a person has complied with the provisions of this Act and has been
accepted by the Board as being eligible for registration, that person shall be
registered.

The decision of the Board on an application for registration shall be communicated

to the applicant by the Registrar by letter sent to the address stated in the
application within twenty one working days from the date of the decision of the
Board.

After the name of a person is entered in the register, the Board shall issue a
certificate that has been sealed with the seal of the Board to the person.

The Board may issue other identification documents that are valid for a specified
period to a person registered under this Act.

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A certificate of registration and other identification documents issued under this
section shall remain the property of the Board.

Where the Registrar is satisfied that a certificate of registration or any other

document has been lost, mutilated or destroyed, he may, upon payment of a fee
set by the Board, from time to time, furnish a duplicate of the certificate of
registration or any other document to the person to whom the original certificate
of registration or documents were issued.

Effect of registration.

26. (1) Every person whose name has been entered in the Register as a professional
engineer or consulting engineer shall, for as long as his name remains in the
Register, be entitled to adopt and use the style and title 'professional engineer' or
'consulting engineer' after his name or such contraction thereof as the Board may,
from time to time, approve and may, subject to section 32, offer his professional
engineering services to the public for gain or reward or by way of trade or for
employment in the engineering discipline or category in which he is registered.

Professional engineers or consulting engineers may have the sole discretion of

using the title 'engineer' before their names.

Any person, other than a professional engineer or a consulting engineer registered

under this Act, who uses the title "engineer" before their names commits an
offence.

Register.

27. (1) The Registrar shall keep and maintain a Register of all registered persons or
firms under this Act in such manner as the Board may prescribe.

(2) The Register shall show the following details against the name of a person or
firm whose name is entered in the Register—

date of entry;

address;

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qualifications;

category;

engineering discipline;

nationality; and

such other particulars as the Board may, from time to time, direct.

(3) Any person may inspect the Register and obtain from the Registrar a copy of
or an extract from the Register, on payment of a prescribed fee.

Alteration of the Register.

28. (1) The Registrar may, from time to time, make changes or corrections in the
Register relating to any entry.

(2) Any changes or corrections in the entries made under this section shall be made
by the Registrar as soon as it is practical after receipt of authenticated notification
thereof.

Removal of persons from the Register.

29. The Registrar shall remove from the Register—

the name of any person—

found to be of unsound mind or a firm which has ceased to practise or wound up

by a court order;

convicted of an offence under this Act or any other law;

whose name the Board has, under section 53(6)(c)(i), directed that it should be
removed from the Register;

declared bankrupt;

who has failed to satisfy requirements for continuing professional development

programme for the time being in force;

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who causes or permits or suffers any sole proprietorship, partnership or body
corporate in which he is a sole proprietor, partner, director or shareholder to
practise as a firm prior to its registration by the Board or after the Board has
suspended or cancelled its registration;

who has failed within a period of six months from the date of an inquiry sent by
the

Registrar by prepaid registered letter to the last known address appearing in the
Register against his name, to respond to the, inquiry of the Registrar; or

Who requests that his name be removed from the Register, in which case that
person may be required to satisfy the Board by way of an affidavit lodged with the
Registrar that criminal proceedings under this Act are not being or are not likely
to be taken against him.

Any person whose name has been incorrectly or fraudulently entered.

Publication of registration.

30. (1) The Registrar shall cause to be published in the Kenya Gazette not later
than the 31st day of March of every calendar year, particulars of all registered and
validly licensed persons or firms and their categories of registration.

A publication made under this section shall be prima facie evidence that a person
or firm named therein is registered under this Act and the deletion from the
register of the name of any person or firm notified by such publication, or the
absence of the name of any person or firm from such publication, shall be prima
facie evidence that such person or firm is not so registered.

A person or a firm whose details have not been entered, or erroneously entered
into, the Register, shall notify the Registrar within thirty days from the date of
publication of particulars of registration in the Kenya Gazette pursuant to
subsection (1), for the necessary correction or amendment to be made, upon which
the Registrar shall publish in the Gazette the corrected or amended particulars
with respect to that person or firm.

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Imposition of levy.

31. (1) Every registered engineer whose name appears on the register shall pay
annually or at such longer intervals as the Board may deem appropriate a levy to
be known as the Engineers Training Levy, at a rate to be determined by the Board
from time to time.

All moneys received in respect of a training levy shall be paid into an Engineers
Training Levy Fund managed by the Board.

A registered engineer who fails to comply with the provisions of subsection (1),
shall not be eligible to be issued with a license.

PART IV—PROVISIONS RELATING TO LICENSING AND PRACTICE

Practising licence.

32. (1) A person shall not engage in the practice of engineering unless that person
has been issued with a licence and has complied with the requirements of this Act.

A person applying for a licence shall be required to submit in the prescribed

manner a certificate of continuing professional development issued by the Board,
a statutory declaration confirming that no professional complaint has been made
against him and pay a prescribed fee.

A licence issued under subsection (1) shall be valid for one year from the 1 st of
January to the 31st December of that particular year and may, upon expiry, be
renewed.

The Registrar shall enter into the Register the date of issuance of a licence of every
person licensed under this section.

A person who contravenes subsection (1) commits an offence.

Renewal of licence.

33. (1) A person whose licence has not been renewed for a year or a longer period
and who wishes to have it renewed may apply to the Board.

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(2) An application made under subsection (1) shall be accompanied by— (a) an
affidavit in a prescribed form explaining the reasons for non- renewal;

licence fees for the current practising period and at the Board's discretion, any
unpaid fees, including penalties as prescribed by the Board; and

Proof of fulfilment of all applicable conditions for renewal of a licence.

(3) The Board may, with sufficient cause, refuse to issue or renew a licence and
shall communicate the refusal and give reasons for such refusal to the applicant
within twenty-one days of making the decision.

No fees to be charged by unlicensed persons.

34. (1) A person shall not be entitled to recover a charge for professional
engineering services unless that person is licensed under this Act.

(2) A person who contravenes the provisions of subsection (1), commits an offence.

Suspension of a licence.

35. The Board may suspend a licence issued under this Act where—

an offence under this Act in relation to the licensee is being investigated;

allegations of misconduct have been investigated and proved against a licensee;

a false declaration was made in an application for a licence; or

a licensee has contravened any provision of this Act.

Cancellation of a licence.

36. The Board shall cancel a licence where a licensee—

is convicted of an offence under this Act or the rules made thereunder;

fails to pay the Engineers Training Levy as required under this Act; or

Ceases to be qualified for the issue of a licence under this Act.

Effect of removal of name, suspension or cancellation of a licence.

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37. (1) A person whose name has been removed from the Register or whose licence
issued under this Act has been suspended or cancelled shall not engage in the
practice of engineering or offer professional engineering services or works during
the duration of removal of name, suspension or cancellation of the licence.

Subject to subsection (3), the Registrar shall notify a person whose name has been
removed from the Register, by registered mail sent to the address appearing in the
Register against his name immediately before the removal.

Subsection (2) shall not apply where a person's name has been removed from the
Register at his request or with his consent.

Where a directive has been made by the Board for the removal of a person's name
from the Register, or for suspending a person's registration under this Act, or for
cancelling or suspending a licence issued to that person under this Act, the Board
may, on application in a prescribed manner by the person concerned and after
holding such inquiry as the Board may consider necessary—

cause the removal from the Register to be confirmed and direct the surrender of
the licence and certificate of registration within fourteen days after notification to
that person by way of registered post;

cause the name of the person to be restored on the Register;

terminate the suspension of the registration; (d) as the case may be, issue a new
licence; or

(e) Terminate the suspension of the existing licence—

without a fee; or

On payment of such fee not exceeding the fee chargeable upon registration or
issuance of a licence, as the Board may determine.

Publication upon cancellation, revocation etc of a licence.

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The cancellation, revocation or withdrawal of a licence under this Act shall be
published in the Kenya Gazette and a newspaper with a national circulation.

PART V—FINANCIAL PROVISIONS

Funds of the Board.

(1) The Funds of the Board shall comprise of—

monies appropriated by Parliament for the purposes of the Board;

the Engineers Training Levy Fund;

donations, grants, loans or gifts made to the Board and approved by the Cabinet
Secretary and the Cabinet Secretary for the time being responsible for matters
relating to finance;

monies and revenue earned from the activities of the Board under this Act;

licence fees charged in accordance with this Act; and

Such sums as may in any manner become payable to or vested in the Board either
under the provisions of this Act or any other written law.

(2) There shall be paid out of the funds of the Board any expenditure incurred by
the Board in the exercise of its powers or the performance of its functions under
this Act.

Financial year.

The financial year of the Board shall be the period of twelve months ending on
the 30th June in each year.

Annual estimates.

(1) At least three months before the commencement of each financial year, the
Board shall cause to be prepared estimates of the revenue and expenditure of the
Board for that year.

(2) The annual estimates shall make provisions for all estimated expenditure of the
Board for the financial year arid in particular, the estimates shall provide for—

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the payment of salaries, allowances and any other charges in respect of members
and staff of the Board;

the payment of pensions, gratuities and other charges in respect of members and
other staff of the Board;

the proper maintenance of the buildings and grounds of the Board;

the maintenance, repair and replacement of equipment and other property of the
Board; and

funds to meet future or contingent liabilities in respect of retirement funds,

insurance for replacement of buildings or equipment, or in respect of such matter
as the Board may consider necessary.

(3) The annual estimates shall be approved by the Board before the
commencement of the financial year to which they relate and shall be submitted
to the Cabinet Secretary for approval and after approval, the Board shall not
increase the annual estimates without the consent of the Cabinet Secretary.

Accounts and audit.

42. (1) The Board shall cause to be kept proper books and other records of accounts
of the income, expenditure and the assets of the Board.

(2) The accounts of the Board shall be audited and reported upon in accordance
with the provisions of the Public Audit Act 2003, No. 12 of 2003.

Investment of funds.

The Board may, subject to the approval of the Cabinet Secretary for the time being
responsible for matters relating to finance, invest any funds not immediately
required for its purposes, as it may determine.

PART VI—PROVISIONS RELATING TO OFFENCES AND PENALTIES

False registration or licensing.

(1) A person who willingly procures or attempts to procure registration or

licensing under the provisions of this Act by making or producing or causing to

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be made or produced any false or fraudulent representation or declaration, either
orally or in writing, commits an offence and is liable on conviction to a fine of not
more than one million shillings or to imprisonment for a term not exceeding five
years, or both.

Where an offence under this section is committed by a legal person, that legal
person shall be liable on conviction to a fine of not less than one million shillings.

The Registrar shall remove from the Register the name of any person registered or
licensed under this Act who is convicted of an offence under this section and
cancel the licence held.

Professional misconduct.

45. (1) A person who is licensed as a professional engineer or consulting engineer

under this Act commits an offence of professional misconduct if that person—

deliberately fails to follow the standards of conduct and practice of the engineering
profession set by the Board;

commits gross negligence in the conduct of his professional duties;

allows another person to practise in his name, where that person—

is not a holder of a licence;

is not in partnership with him;

takes advantage of a client by abusing position of trust, expertise or authority;

lacks regard or concern for client's needs or rights; or

shows incompetence or inability to render professional engineering services or

works;

Knowingly submits a land survey, valuation or environmental impact assessment

document prepared by a person who is not licensed to prepare such documents
under any written law being in force.

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(2) A person who commits an offence under this section shall, after due process,
be deregistered, or be suspended and have his name removed from the Register
for such a period as the Board may determine.

Offences by persons or training institutions.

46. A person who, being in charge of a training institution which is not recognised
by the Board as an institution registered or seeking registration under this Act—

admits into the institution under his charge any person for purposes of training in
the engineering profession;

Purports to be conducting a course of training or examining. persons seeking

registration under this Act; or

issues any document, statement, certificate or seal implying that—

the holder thereof has undergone a course of instruction or has passed an

examination recognized by the Board; and

the institution under his charge is recognised by the Board as an institution for
training of persons seeking registration,

Commits an offence and is liable on conviction to a fine of five million shillings or

to imprisonment for a term not exceeding five years, or both.

Prohibition for the use of the term engineer by unregistered or unlicensed persons.

47. (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.

(2) A person who, being not registered or licensed under this Act—

wilfully and falsely takes or uses in any way the style or form or title of "engineer'
or 'engineers" in describing his occupation or his business or any other name, style,
title, addition or description implying whether in itself or in the circumstances in
which it is used, that such person or body or persons is an 'engineer' or 'engineers';
or

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displays any sign, board, card or other device or uses a prescribed stamp
representing or implying that he is an engineer, commits an offence.

(3) The Board may however grant exemptions upon application to any person or
group of persons for the use of the description or use of the term 'engineer' or
'engineers' and such exemptions shall be in accordance with any written
International Convention or Treaty ratified by Kenya.

Prohibition on provision of professional engineering services by body of persons.

48. (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.

Where a partner or director of a body of persons mentioned under subsection (1),

dies, that body of persons may, despite the provision of subsection (1), continue to
carry on the business of engineering for not more than six months as if the legal
representatives were professional engineers and thereafter the body of persons
shall cease to carry on the business of engineering unless it can demonstrate,
through legally binding documents, that it has taken on board a professional
engineer as a partner or director.

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

Prohibition of employment of unregistered persons.

49. (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.

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.

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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.

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

Restriction of right to submit documents.

50. (1) The right of a registered or licensed person under this Act to submit plans,
engineering surveys, drawings, schemes, proposals, reports, design or studies to
any person or authority in Kenya is restricted to the right to submit such
documents only in relation to the discipline of engineering in which that person
including a professional engineer in an engineering consulting firm, is qualified as
shown in the entries made in the Register.

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.

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

Practising without license.

A person who engages in practice of engineering or charges a professional fee

without a valid license issued by the Board commits an offence and shall be liable
on conviction to a fine not exceeding two million shillings or to imprisonment for
a term not exceeding five years, or both.

Obstruction of officers of the Board.

Any person who obstructs or hinders, or knowingly makes false misleading

statement to any member, officer, servant or agent of the Board who is carrying
out duties under this Act, commits an offence.

PART VII—COMPLAINTS AND DISCIPLINE BY THE BOARD

Complaints and disciplinary proceedings by the Board.

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(1) A person who being dissatisfied with any professional engineering services
offered or alleging a breach of the standards of conduct, specified by the Board
from time to time, by a registered or licensed person under this Act, may make, in
a prescribed manner, a written complaint to the Board.

Upon an inquiry held by the Board to determine a complaint made under

subsection (1), the person whose conduct is being inquired into shall be afforded
an opportunity of being heard, either in person or through a representative of his
own choice.

For the purposes of proceedings at any inquiry held under this section, the Board
may administer oaths, enforce attendance of persons as witnesses and production
of books and documents as evidence.

A person who fails when summoned by the Board to attend as witness or to

produce any books or documents which he is required to produce, commits an
offence.

Subject to this section and rules of procedure made under this Act, the Board may
regulate its own procedure in disciplinary proceedings.

Where the Board is satisfied that any person registered or licensed under this Act
has been—

convicted of an offence under this Act or under any other law punishable by
imprisonment, the commission of which, in the opinion of the Board, has
dishonoured him in the public estimation; or

guilty of negligence or malpractice in respect of his profession; or

guilty of impropriety or misconduct in respect of his profession, the Board may,

subject to subsection (10) —

direct the removal of such person's name from the Register;

issue a written warning or reprimand;

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cancel such person's licence; or suspend such person's licence or registration for a
period not exceeding two years or impose a fine, for a natural person, not
exceeding two hundred and fifty thousand shillings and, for a legal person, a fine
of three million shillings.

A person whose name has been removed from the Register or whose licence has
been cancelled or suspended under the provisions of this Act shall surrender his
certificate of registration or the licence to the Registrar.

A person who fails to surrender the licence as required under subsection (7)
commits an offence and is liable on conviction, in case of a natural person, to a
fine of fifty thousand shillings and, in case of a legal person, to a fine of one
hundred thousand shillings.

The power to direct the removal of the name of a person from the Register or to
cancel that person's licence shall include the power exercisable in the same
manner to direct that during such period as may be specified in the order, the
registration of that person's name in the Register or the licence issued to the
person shall not have effect.

The provisions of this section, in so far as they relate to cancellation or suspension

of licences, shall be in addition to and not in derogation of the provisions of section
29.

Despite any other provisions in this Act, the Board shall not remove the name of
a person from the Register, or cancel a licence issued to that person unless—

(a) at least two thirds of the members of the Board so decide;

(b)the Board has given the licensee at least twenty one calendar days notice of its
intention to cancel a licence; and

(d) it has provided the licensee with an opportunity to make representation to the
Board.

Appeals.

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A person aggrieved by a decision of the Board under this Act may, within thirty
days from the date of the Board's decision, appeal to the High Court and in any
appeal the High court may annul or vary the decision as it may consider necessary.

PART VIII—GENERAL PROVISIONS

General provision in relation to exemptions.

This Act shall not prohibit or render liable to prosecution any person who is
registered in accordance with this Act to—

enter for the purpose of or in the course of practising as an engineer, into

partnership with other persons not registered in accordance with this Act;

engage in other professions or trades provided that he is competent to engage in

such professions or trades and also provided that he does not contravene the
provisions of this Act; or

obtain registration with other professional bodies.

Legal proceedings.

56. (1) In any legal proceedings, a document meant to be a copy of an extract from
the Register kept or published by the Registrar, and taken to be certified from the
Register to be a true copy or extract, shall be admissible as prima facie evidence of
the contents of the Register.

(2) The Registrar shall not, in any legal proceedings to which he is not a party, be
compellable to—

produce the Register if its contents can be proved under this Act; or

appear as a witness to prove any entry in the Register, of the matters recorded in
the Register without a court order.

General penalty.

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A person who commits an offence under this Act for which no specific penalty is
provided for is liable to a fine of not less than five hundred thousand shillings or
to imprisonment for a term not exceeding two years, or both.

Rules.

The Board may, with approval of the Cabinet Secretary, make rules generally for
the better carrying into effect the provisions of this Act, and any such rules
without prejudice to the generality of the foregoing may—

prescribe the form and method of keeping the Register under this Act;

prescribe forms, methods and regulations concerning conditions for issuance of

licences;

prescribe the manner and subject matter of courses pertaining to training and
continuing professional development;

prescribe the standards and conditions of professional practice for persons

registered or licensed under this Act which shall not be limited to conditions of
engagement for engineering services in projects where engineers work with other
professionals, scales of fees applicable to such engagements, hourly rates applicable
for report and advisory work and any other guidelines for ethical professional
practice of engineering;

prescribe the registration procedure and any other powers and duties to be
assigned to accredited checkers;

provide for enforcing the attendance of witnesses and the production of books and
documents at an inquiry by the Board;

provide for composition, conduct and regulation of business and affairs of the
Kenya

Academy of Engineering and Technology established under section 7(p);

prescribe forms to be used in connection with this Act or fees to be charged under
this Act; and

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prescribe anything required under this Act to be prescribed. Repeal of Cap. 530.

The Engineers Registration Act is repealed.

Transitional provisions.

(1) The rights, assets and liabilities accrued in respect of the properties vested in
the Engineers Registration Board established by the repealed Act immediately
before the commencement of this Act and the members or persons employed by
the former Engineers Registration Board shall be transferred to the Board and
accordingly the proceedings taken by or against the former Engineers Registration
Board may be continued by or against it as if taken under this Act.

A contract subsisting between the former Engineers Registration Board and

another person and the effect immediately before the commencement of this Act
shall subsist between the Board established under this Act and that other person.

All persons registered under the Engineers Registration Act (now repealed) shall
carry on as though registered under this Act, without having to apply for new
registration, and shall enjoy all rights and privileges as provided under this Act
except that the category of engineers referred to as registered engineers shall now
be referred to as professional engineers.

Act to supercede other Acts.

61. This Act shall supercede any other Act on all matters relating to provision of
professional engineering services.

SCHEDULE (s.10)

PROVISIONS RELATING TO MEETINGS OF THE BOARD

The Board shall meet at least once every three months for the dispatch of business.

The Board shall, at its first meeting, elect a vice- chairperson from amongst the
persons appointed under section 5(1) (g) of the Act.

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The chairman may or upon request call a special meeting of the Board at any time
where the chairman considers it expedient for the transaction of the business of
the Board.

Other than a special meeting, or unless three quarters of members agree, at least
twenty one

days' written notice of every meeting of the Board shall be given to every member
of the Board by the secretary.

The quorum at a meeting of the Board is two thirds of the members or a greater
number determined by the Board in respect of an important matter.

The chairman shall preside at the meetings of the Board and in the absence the
members shall elect a chairman from amongst themselves to preside the meeting.

The matters of the Board shall be decided by a majority of the members present
and voting and in the event of equality of votes, the person presiding shall have a
casting vote.

The proceedings of the Board shall not be invalidated by reason of a vacancy

among the members or a defect in the appointment or qualification of a member.

Except as provided by this Schedule, the Board may regulate its own procedures.

(1) If a member is directly or indirectly interested in any contract, proposed

contract or other matter before the Board and is present at a meeting of the Board
at which the contract, proposed contract or other matter is the subject of
consideration, that member shall, at the meeting and as soon as practical after the
commencement thereof, disclose the fact and shall not take part in the
consideration or discussion of, or vote on, any questions with respect to the
contract or other matter, or be counted in the quorum of the meeting during the
consideration of the matter:

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Provided that, if the majority of the members present are of the opinion that the
experience or expertise of such member is vital to the deliberations of the meeting,
the Board may permit the member to participate in the deliberations subject to
such restrictions as it may impose but such member shall not have the right to
vote on the matter in question.

(2) A disclosure of interest made under this paragraph shall be recorded in the
minutes of the meeting at which it is made.

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5.2. Engineering Technology ACT, 2016

LAWS OF KENYA

ENGINEERING TECHNOLOGY ACT

NO. 23 OF 2016

Published by the National Council for Law Reporting with the Authority of the
Attorney-General www.kenyalaw.org

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NO. 23 OF 2016

ENGINEERING TECHNOLOGY ACT

ARRANGEMENT OF SECTIONS

PART I – PRELIMINARY

Section

Short title.

Interpretation.

PART Il — THE KENYA ENGINEERING TECHNOLOGY

REGISTRATION BOARD

Establishment of the Board.

Composition of the Board.

Functions of the Board.

Powers of the Board.

Conduct of business and affairs of the Board.

Remuneration of Board members.

Registrar.

Functions of the Registrar.

Staff of the Board.

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Delegation by the Board.

Protection from personal liability.

Common seal.

PART Ill — PROVISIONS RELATING TO REGISTRATION

Categorization of registration.

Application for registration.

Refusal of Registration.

Qualification for registration.

Registration of an engineering technology consulting firm.

Private practice.

Registration of foreigners.

Temporary registration.

General provisions as to registration.

Adoption and use of title.

Register.

Removal of name from register.

Publication of registration details.

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PART IV — PROVISIONS RELATING TO LICENSING AND
PRACTICE

Practising licence.

Renewal of licence.

Cancellation, etc of a licence.

Recovery of charges.

Suspension of a licence.

Person not to practice if removed from register, etc.

PART V – FINANCIAL PROVISIONS

Funds of the Board.

Financial year.

Annual estimates.

Accounts and audit.

Investment of funds.

PART VI — OFFENCES AND PENALTIES

Procuring registration or licensing through fraud.

Professional misconduct.

Operating an unaccredited institution.

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Unlawful use of name.

Carrying of business by body of persons.

PART VII — COMPLAINTS AND DISCIPLINARY

PROVISIONS

Complaints to the Board.

Disciplinary Tribunal.

Appeal against the Board's decision.

PART VIII — MISCELLANEOUS PROVISIONS

Admissibility of documents.

General penalty.

PART IX— PROVISIONS ON DELEGATED POWERS

Rules.

SCHEDULE — PROVISIONS AS TO THE CONDUCT OF

BUSINESS AND AFFAIRS OF THE BOARD

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NO. 23 OF 2016 ENGINEERING TECHNOLOGY ACT

[Date of assent: 2nd August, 2016.]

[Date of commencement: 19th August, 2016.]

AN ACT of Parliament to make provision for the regulation,

practice and standards of engineering technologists and
technicians, and for connected purposes

[Act No. 23 of 2016.]

PART I — PRELIMINARY

1. Short title

This Act may be cited as the Engineering Technology Act, 2016.

2. Interpretation

In this Act, unless the context otherwise requires—

“Board” means the Kenya Engineering Technology Registration

Board established under section 3;

"Cabinet Secretary” means the Cabinet Secretary for the time

being responsible for matters relating to engineering;

"candidate” means any person registered in any of the categories

under section 15(1)(b);

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"certified engineering technician” means a person registered as
such under section 15(1)(a)(ii);

“consulting engineering technologist” means an

engineering

technologist registered as such under this Act;

"consulting engineering technology services” includes

consultancy and advisory services relating to independent
professional engineering technology works, services or goods
and selling or supplying for gain, or reward any plan, sketch,
drawing, design, specification or other documents relating to
any professional engineering technology work, service or good
with a liability to be sued;

“continuing professional development” means the planned

acquisition of knowledge, experience and skills necessary for
the development of an engineering technologist or technician;

“engineering technician” means a person registered under this

Act as such, and includes a craft person or artisan;

“engineering technologist" means a person registered under this

Act as such;

“engineering technology" means part of the engineering

profession in which knowledge of applied mathematical and
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natural science gained by higher education, experience and
practice is devoted to application of engineering principles and
the implementation of technology education for the
professional focusing primarily on analysing, applying,
implementing and improving existing technologies and is aimed
at preparing graduates for the purpose of engineering
technology practices closest to the product improvement,
manufacturing and engineering operational functions;

“engineering technology consulting firm" means an engineering

technology consulting firm registered under section 19;

“engineering technology personnel” means any person

registered under section 15 (1) as an engineering technologist
or technician;

“foreign national” has the meaning assigned to it under section

2 of Kenya Citizenship and Immigration Act (No. 12 of 2011);

“licence” means an annual practicing licence issued under

section 28 of this Act;

“misconduct” means a serious digression from established or

recognized standards or rules of the profession or generally the
occupation of engineering technology and includes a breach of

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such codes of ethics or conduct as may be prescribed for the
profession from time to time;

“prescriptive standard” means a document that states procedures

or criteria for carrying out a design, or a construction or
production activity, relating to engineering; and the application
of which, to the carrying out of the design, or the construction
or production activity, does not require advanced scientifically
based calculations;

“professional engineering technologist” means a person

registered as such under section 15(1)(a)(i);

“professional engineering technology service” means an

engineering technology service that requires, or is based on, the
application of engineering principles and data to a development,
implementation, construction and production activity, relating
to engineering technology and does not include an engineering
service that is provided only in accordance with a prescriptive
standard;

“professional engineering technology works” includes

professional service, consultation, investigation, evaluation,
planning, designing or responsibility for supervision of
construction or operation and maintenance in connection with

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any public or privately owned public utilities, building,
machines, equipment, processes, works or projects that requires
application of engineering principles and data;

“register” means the register kept in accordance with section 25

of this Act; and

“Registrar” means the person appointed as such under section 9.

PART II — THE KENYA ENGINEERING TECHNOLOGY

REGISTRATION BOARD

3. Establishment of the Board

There is established a Board to be known as the Kenya

EngineeringTechnology Registration Board.

The Board is a body corporate with perpetual succession and a

common seal and shall, in its corporate name, be capable of—

suing and being sued;

taking, purchasing or otherwise acquiring, holding, charging or

disposing of movable and immovable property;

borrowing money or making investments;

entering into contracts; and

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doing or performing all other acts or things for the proper
performance of its functions under this Act which may lawfully
be done or performed by a body corporate.

4. Composition of the Board

The Board shall consist of—

the Chairperson who shall be appointed by the Cabinet

Secretary from amongst the members appointed under
paragraph (c);

the Principal Secretary in the Ministry for the time being

responsible for matters relating to Engineering Technology;

seven persons appointed by the Cabinet Secretary as follows—

one chairperson from any of the recognized professional

institutions responsible for engineering technologists and
technicians;

one person representing Technical and Vocational Education

and Training Authority;

one person who shall be a public officer from a public

corporation responsible for engineering technology curriculum
development;

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one person who shall be a public officer from a public
corporation involved in offering engineering technology
services and products;

one person who shall be a representative of Technical

Universities offering engineering technology programmes in
Kenya;

one person who shall be a representative of Technical Training

Institutions offering engineering technology programmes in
Kenya; and

one person who shall be from the private sector dealing with
matters related to engineering technology;

the Registrar of the Board.

A person appointed as a member of the Board under this Act,

other thanan ex officio member, shall serve for a term of three
years and shall be eligible for re-appointment for a further and
final term of three years.

A member of the Board, other than an ex officio member,

may—

at any time resign from office by notice in writing to the

Chairperson;

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be removed from office if the member—

has been absent from three consecutive meetings of the Board

without permission of the Chairperson;

is adjudged bankrupt or enters into a composition scheme or

arrangement with his or her creditors;

is convicted of an offence involving dishonesty or fraud;

is convicted of a criminal offence and sentenced to

imprisonment for a term exceeding six months or to a fine
exceeding ten thousand shillings; or

is incapacitated by prolonged physical or mental illness or is

deemed otherwise unfit to discharge his or her duties as a
member of the Board.

5. Functions of the Board

The functions of the board shall be to—

issue licences to qualified persons under the provisions of this

Act;

take disciplinary measures in accordance with the provisions of

this Act;

enter and inspect sites where construction, installation,

erection, alteration, renovation, maintenance, processing or
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manufacturing works are in progress for the purpose of
verifying that—

engineering professional services and works are undertaken by

persons registered under this Act;

standards and professional ethics and relevant health and safety

aspects are observed, in line with Occupational Safety and
Health Act, (No. 15 of 2007);

assess, approve or reject engineering technology qualifications

of foreign persons intending to offer engineering technology
professional services or works in Kenya;

enter and inspect business premises for verification purposes or

for monitoring works, services and goods rendered by
professional engineering technologists;

recommend for the suspension of any engineering technology

professional services, works, projects, installation process or any
other engineering technology works, which are done without
meeting the standards;

participate, as a stakeholder in formulating engineering

technology programmes in public and private universities and
other tertiary level educational institutions offering education

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in engineering technology for the purposes of registration of
engineering technologists;

set standards for engineering technologists in management,

marketing, professional ethics, environmental issues, safety,
legal matters or any other relevant field;

conduct professional examinations for the purposes of

registration where applicable;

plan, arrange, co-ordinate and oversee professional training and

facilitate internship of engineering technologists;

collaborate with engineering technology training institutions

and organisations, professional associations and other relevant
bodies in matters relating to training and professional
development of engineering technologists;

determine the fees to be charged by engineering technologists

and firms for professional services rendered from time to time;

hear and determine such disputes relating to the professional

conduct or ethics of engineering technologists;

issue, maintain and enforce the code of ethics for engineering

technologists and technicians and regulate the conduct and
ethics of the engineering technology profession in general;

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determine disciplines of engineering technology under this Act;
and

do anything incidental or conducive to the performance of any

of the preceding functions.

6. Powers of the Board

The Board shall have all powers necessary for the proper
performance of its functions under this Act and in particular,
but without prejudice to the generality of the foregoing, the
Board shall have power to—

enter into contracts;

manage, control and administer its assets in such manner and

for such purposes as best promote the purpose for which the
Board is established;

determine the provisions to be made for capital and recurrent

expenditure and for the reserves of the Board;

receive any grants, gifts, donations or endowments and make

legitimate disbursements therefrom;

enter into association with such other bodies or organizations

within or outside Kenya as it may consider desirable or

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appropriate and in furtherance of the purposes for which the
Board is established;

open such banking accounts for its funds as may be necessary;

invest any funds of the Board not immediately required for its
purposes; and

undertake any activity necessary for the fulfilment of any of its

functions.

7. Conduct of business and affairs of the Board

The conduct and regulation of the business and affairs of the

Board shallbe as provided in the Schedule.

Except as provided in the Schedule, the Board may regulate its

ownprocedure.

8. Remuneration of Board members

The remuneration payable to members of the Board shall be

determined by the Salaries and Remuneration Commission.

9. Registrar

There shall be a Registrar who shall be appointed by the Cabinet

Secretaryon the recommendation of the Board.

The Registrar shall be the Chief Executive Officer and the

Secretary to theBoard.
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The Registrar shall be an ex-officio member of the Board but
shall have no right to vote.

10. Functions of the Registrar

(1) The Registrar shall—

subject to the direction of the Board, be responsible for the day

to day management of the affairs and staff of the Board;

maintain the Register of persons registered in accordance with

this Act;

sign, issue, renew and cancel certificates of registration and

licenses as may be directed by the Board;

keep all documents and records including records of all assets of

the Board;

in consultation with the Board, be responsible for the direction

of the affairs and transactions of the Board, the exercise,
discharge and performance of its objectives, functions and
duties, and the general administration of the Board; and (f) be
the secretary of the Board.

11. Staff of the Board

The Board may appoint such officers and other staff through a
competitive process as are necessary for the proper discharge of

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its functions under this Act, upon such terms and conditions of
service as it may determine.

12. Delegation by the Board

The Board may, by resolution either generally or in any

particular case, delegate to any committee or to any member,
officer, employee or agent of the Board, the exercise of any of
the powers or the performance of any of the functions or duties
of the Board under this Act or under any other written law.

13. Protection from personal liability

No act or omission by any member of the Board or by any

officer, employee,agent or servant of the Board shall, if the act
or omission was done bona-fide for the purposes of executing a
function, power or duty under the Act render such member,
officer, employee, agent or servant personally liable to any,
action, claim or demand whatsoever.

The provisions of subsection (1) shall not relieve the Board of

the liabilityto pay compensation to any person for any injury to
him or her, his or her property or to any of his or her interests
caused by the exercise of any power conferred by this Act or by
failure, whether wholly or partially, of any works.

14. Common seal

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The common seal of the Board shall be kept in such custody as
the Boardmay direct and shall not be used except on the order
of the Board.

The affixing of the common seal of the Board shall be

authenticated by thesignature of the Chairperson and the
Registrar and any document not required by law to be made
under seal and all decisions of the Board may be authenticated
by the signatures of both the Chairperson and the Registrar.

Notwithstanding the provisions of subsection (2) the Board

shall, in theabsence of either the Chairperson or the Registrar
in a particular matter, nominate one member to authenticate
the seal on behalf of either the Chairperson or the Registrar.

The common seal of the Board when affixed to a document and

dulyauthenticated shall be judicially and officially noticed and
unless and until the contrary is proved, any necessary order or
authorization by the Board under this section shall be presumed
to have been duly given.

PART Ill — PROVISIONS RELATING TO REGISTRATION

15. Categorisation of registration

A person may be registered in the engineering technology

profession as a—
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professional, which includes—

a professional engineering technologist; or (ii) a certified

engineering technician.

candidate, which includes—

a candidate engineering technologist; or (ii) a candidate

engineering technician.

A person may not practice in any of the categories contemplated

insubsection (1), unless he or she is registered in that category.

A person may only practice in a consulting capacity if registered

in thecategory of consulting engineering technologist.

A person who is registered in the category of candidate must

perform workin the engineering technology profession only
under the supervision and control of a professional of any
category as prescribed.

16. Application for registration

A person intending to apply for registration in the engineering

technologyprofession may make such application in the
prescribed application form to the Board for registration in any
of the categories referred to under section 15(1).

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The application form referred to under subsection (1) shall be
accompaniedby the prescribed fee.

The Board may register the applicant in the relevant category

and issuea registration certificate to the successful applicant in
the prescribed form if, after consideration of an application, the
Board is satisfied that the applicant—

in the case of a person applying for registration as a

professional—

has demonstrated his or her competence as measured against

standards determined by the Board for the relevant category of
registration; and

has passed any additional examinations that may be determined

by the Board;

in the case of a person applying for registration as a candidate or

a candidate in a specified category, has satisfied the relevant
educational outcomes determined by the Board for this purpose,
by— (i) having passed accredited or recognized examinations at
any educational institution offering educational programmes in
engineering technology; and

having passed any other examination that may be determined

by the Board; or
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presenting evidence of prior learning in engineering
technology.

in the case of a person applying for registration as a consulting

engineering technologist in a specified category—

has practised in a specialized engineering technology field as a

professional for at least five years or any period determined by
the Board; and

has achieved a standard of competence to enable him or her to

practice as a consulting engineering technologist personnel in
that particular specialization.

17. Refusal of registration

The Board may refuse to register an registration an applicant—

if the applicant has been removed from an office of trust on

account of improper conduct;

has been convicted of an offence and was sentenced to

imprisonment without an option of a fine, or, in the case of
fraud, to a fine or imprisonment or both;

if the applicant has, subject to paragraph (b), been convicted of

an offence in a foreign country and was sentenced to

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imprisonment without an option of a fine, or, in the case of
fraud, to a fine or imprisonment or both;

if the applicant is declared by the High Court to be of unsound

mind or a person suffering from a mental disorder, or is detained
under the Mental Health Act (Cap. 248);

if the applicant is an un-rehabilitated insolvent whose

insolvency was caused by his or her negligence or incompetence
in performing work falling within the scope of the category in
respect of which he or she is applying for registration.

For the purposes of subsection (1)(c), the Board shall take

cognizance ofthe prevailing circumstances in a foreign country
relating to a conviction.

The Board shall provide the applicant with a notice of refusal.

18. Qualification for registration

Subject to the provisions of this Act, a person shall be eligible

for registration—

as a professional engineering technologist, if that person—

is registered as a candidate engineering technologist and has

obtained practical experience of at least three years for the

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degree holder or at least four years for the Higher Diploma
holder in the relevant area;

has passed a professional assessment examination conducted by

the Board; and

is a full member of a professional society or association

recognized by the Board;

as a consulting engineering technologist, if that person—

holds a Master's degree in the relevant discipline from a

recognized University or Institute or first degree with
outstanding contributions to engineering technology;

has practised in a specialized engineering technology field as a

professional engineering technologist for a period of at least five
years; and

has achieved a standard of competence to enable him or her to

practice as a consulting engineering technologist in that
particular specialization.

as a certified engineering technician, if that person—

is registered as a candidate engineering technician and has

obtained practical experience of at least two years in the
relevant area;

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has passed professional assessment examination conducted by
the Board; and

is a full member of a professional society or association

recognized by the Board;

Subject to the provisions of this Act, a person shall be eligible

for registration—

as a candidate engineering technologist, if that person is a holder

of a bachelor of technology degree or higher diploma or its
equivalent from a university, polytechnic, institute, college or
school of engineering and technology or any other institution
recognized by the Board; and

as a candidate engineering technician, if that person is a holder

of diploma in engineering or its equivalent from a university,
polytechnic, institute, college or school of engineering and
technology or any other institution recognized by the Board.

The persons referred to in subsections (1) and (2) shall be

Kenyan citizensor permanent residents of Kenya.

19. Registration of an engineering technology consulting firm

Subject to the provision of this Act, a person may register an

engineeringtechnology consulting firm if—

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the firm is a legal person duly registered or incorporated under
the written law for the time being in force;

the firm has at least one partner or principal shareholder who is

registered as a consulting engineering technologist and who has
a valid license in a specified discipline;

at least fifty one percent of the shares in the firm are held by
Kenya citizens; and

fulfils any other condition as may be stipulated by the Board.

The Board may register engineering technology consulting

firms in differentcategories and disciplines based on criteria as
shall be established by the Board.

A person intending to register an engineering technology

consulting firmunder this Act shall apply to the Registrar in the
prescribed manner.

An application under subsection (3) shall—

be accompanied with—

such documents as are necessary to prove qualification for

registration and any other document that the Board may
prescribe;

the curriculum vitae of the partners or directors of the firm;

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a written commitment that the Board shall be allowed to verify
the suitability of the firm for the purposes of registration;

list the firm's profile of activities;

be accompanied by the prescribed fee.

The Board may require the applicant to furnish such further

information orevidence of eligibility for registration as it may
consider necessary and may require the applicant to appear in
person for an interview before it.

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20. Private practice

For the purposes of this Act, a person shall not be deemed to

engage inprivate practice where the person is employed by—

the government or any other public body; or

a state corporation; or

any person or partnership in which the person is engaged in his

or her profession where all fees and charges earned by him or
her accrues to the benefit of his or her employer,
notwithstanding that he or she is engaged in his or her
professional capacity.

A person who engages in private practice contrary to the

provisions ofthis section commits an offence and shall be liable,
on conviction, to a fine not exceeding one million shillings or
to imprisonment for a term not exceeding five years, or to both.

21. Registration of foreigners

A foreign person or body of foreigners shall of not be registered

asprofessionals in any categories under section 15(1)(a) or
engineering technology firm under section 19 unless—

in the case of a natural person—

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that person possesses the necessary qualifications recognized for
the practice of engineering technology as a professional in any
category under section 15(1)(a) in the country where he or she
normally practices, and that immediately before entering
Kenya, he or she was practicing as a professional in any category
under section 15(1)(a) and holds a valid license; and

he or she is a resident of Kenya with a valid working permit;

in the case of a firm, the firm is incorporated in Kenya and a

minimum of fifty-one percent of its shares are held by a citizen
or citizens of Kenya.

If the conditions stipulated in subsection (1) are not fulfilled,

the person orfirm applying for registration may be considered
for temporary registration under section 22.

22. Temporary registration

A foreign person may be considered for registration as a

temporaryprofessional engineering technologist or firm if that
person satisfies the Board that—

he or she is not ordinarily resident in Kenya;

he or she intends to be present in Kenya in the capacity of a

professional engineering technologist for the express purpose of
carrying out specific work; and
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he or she possesses the necessary qualifications recognized for
the practice and that immediately before entering Kenya, was
practising as a professional engineering technologist and holds
a vtlid license from his or her country of origin.

An application for registration under this section shall be in the

prescribedmanner and shall be accompanied by the prescribed
fee.

The Board may require an applicant to appear before it in the

processof considering his or her application and shall require
every applicant to produce documentary evidence of his or her
work or employment immediately prior to entering Kenya.

The registration of a person under this section shall be valid for

the periodor for the duration of the work as the Board may
specify.

Where the expertise skills of a person registered under this

section arenot available in Kenya, the Board shall notify the
applicant and the applicant shall provide an undertaking that
Kenya citizens shall be trained to fill the skills gap.

The Board may approve temporary registration for such period

notexceeding one calendar year and may renew the registration
as it may consider necessary.

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23. General provisions as to registration

The Registrar shall, so far as is practicable, bring every

application beforethe Board for consideration at its first meeting
after receiving the application.

Where a person has complied with the provisions of this Act

and hasbeen accepted by the Board as being eligible for
registration, that person shall be registered accordingly.

The decision of the Board on an application for registration shall

becommunicated to the applicant by the Registrar by way of a
letter sent to the address stated in the application, within
twenty one working days from the date of the Board's decision.

After the name of a person is entered in the register, the Board

shall issuea certificate of registration to the person.

The Board may issue other identification documents that are

valid for aspecified period to a person registered under this Act.

A certificate of registration and other identification documents

issued underthis section shall remain the property of the Board.

Where the Registrar is satisfied that a certificate of registration

or any otherdocument has been lost, mutilated or destroyed, he
or she may, upon payment of a fee set by the Board, from time
to time, furnish a duplicate of the certificate of registration or
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any other document to the person to whom the original
certificate of registration or documents were issued.

24. Adoption and use of title

Every person whose name has been entered in the Register as a

professional engineering technologist or consulting engineering
technologist shall, for as long as his or her name remains in the
Register, be entitled to adopt and use the style and title
"Professional Engineering Technologist" or "Consulting
Engineering Technologist" after his or her name or such
contraction thereof as the Board may, from time to time,
approve and may, subject to section 33, offer his or her
engineering technology professional services to the public for
gain or reward or by way of trade or for employment in the
engineering technology discipline or category in which he or
she is registered.

25. Register

The Registrar shall keep and maintain a register in which the

name of everyperson entitled to have his or her name entered
therein shall be entered, as soon as is practicable, after being
accepted by the Board for registration.

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The Registrar shall enter into the register the following details
against thename of a person or firm whose name is entered in
the register—

date of entry;

postal, physical and email address;

qualifications;

category;

engineering technology discipline in which he or she is

registered;

nationality; and

such other particulars as the Board may, from time to time,

direct.

The register shall be kept and maintained in such a manner as

the Boardmay prescribe, and the details of registration for each
registered person on the register shall clearly indicate the
discipline of engineering technology in which that person is
qualified to practice and particulars or restrictions imposed by
the Board, if any.

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Any person may inspect the register and obtain from the
Registrar a copyof or an extract from the register, on payment
of a prescribed fee.

26. Removal of name from register

The Registrar shall remove from the register the name of

every—

(a) deceased person or person found to be of unsound mind or a

firm which has ceased to practice or has been wound up by a
court order; (b) person convicted of an offence under this Act
or any other law;

person whose name the Board directs, pursuant to section 44,

that it be removed from the register;

person declared bankrupt;

person who has failed to satisfy the requirements for the

continuing professional development programme for the time
being in force;

person who causes or permits any sole proprietorship,

partnership or body corporate in which he or she is a sole
proprietor, partner, director or shareholder to practice as a firm
prior to its registration by the Board or after the Board has
suspended or cancelled its registration;
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person who has failed within a period of six months from the
date of an inquiry sent by the Registrar by prepaid registered
letter to the last known address appearing in the register against
his or her name, to respond to the inquiry of the Registrar; or

person who requests that his or her name be removed from the
register, in which case that person may be required to satisfy
the Board by way of an affidavit lodged with the Registrar that
criminal proceedings under the Act are not being or are not
likely to be taken against him or her.

27. Publication of registration details

The Registrar shall cause to be published in the Kenya Gazette

not later than the thirty-first day of March of every year,
particulars of all registered and validly licensed persons or firms
and their categories of registration.

A publication made under this section shall be prima facie

evidence that a person or firm named therein is registered under
this Act and the deletion from the register of the name of any
person or firm notified by such publication, or the absence of
the name of any person or firm from such publication, shall be
prima facie evidence that such person or firm is not so
registered.

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PART IV — PROVISIONS RELATING TO LICENSING AND
PRACTICE

28. Practising licence

A person shall not engage in the practice of engineering

technology unlessthat person has been issued with a license and
has complied with the requirements of this Act.

A person applying for a license shall be required to submit a

certificate ofcontinuing professional development issued by the
Board, a statutory declaration confirming that no professional
complaint has been made against him or her and pay the
prescribed fee.

A license issued under subsection (1) shall be valid for one year
from thefirst of January to the thirty-first of December of the
year during which it is issued and may, upon expiry, be
renewed.

The Registrar shall enter into the Register the date of issuance
of a licenseto every person licensed under this section.

29. Renewal of licence

A person whose license has not been renewed for a year or a

longer periodand who wishes to have it renewed may apply to
the Board.
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An application made under subsection (1) shall be accompanied
by—

an affidavit explaining the reasons for non-renewal;

license fees for the current practicing period and, at the Board's
discretion, any unpaid fees, including penalties as prescribed by
the Board; and

proof to the Board of fulfilment of all applicable conditions for

renewal of a license.

The Board may, with sufficient cause, refuse to issue or renew a

licenseand shall communicate the refusal and give reasons to
the applicant within twentyone days.

30. Cancellation, etc of a licence

The Board shall cancel a license where a licensee—

is convicted of an offence under this Act or the rules made there

under; or

ceases to be qualified for the issuance of a license under this Act.

The cancellation, revocation or withdrawal of a licence under

this Act shallbe published in the Kenya Gazette and in at least
one newspaper with a national circulation.

31. Recovery of charges

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A person shall not be entitled to recover a charge for
engineering technology professional services unless that person
is licensed under this Act.

A person who contravenes this section commits an offence.

32. Suspension of a licence

The Board may suspend a license issued under this Act where—

an offence under this Act in relation to the licensee is being

investigated;

allegations of misconduct have been investigated and proved

against a licensee;

a false declaration was made in an application for a license; or

(d) a licensee has contravened any provision of this Act.

33. Person not to practice if removed from register, etc

A person whose name has been removed from the register or

whoselicense issued under this Act has been suspended or
cancelled is not entitled to engage in the practice of engineering
technology or offer engineering technology professional
services or works during the duration of removal of name,
suspension or cancellation of the license.

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Subject to subsection (1), the Registrar shall notify a person
whose namehas been removed from the Register by registered
mail sent to the address appearing in the Register against his or
her name immediately before the removal.

Subsection (2) shall not apply where a person's name has been
removedfrom the register at his or her request or with his or her
consent.

Where a directive has been made by the Board for the removal
of a person'sname from the register, for suspension of a person's
registration, or for cancellation or suspension of a license issued
to that person under this Act, the Board may, on an application
in the prescribed manner by the person concerned and after
holding such inquiry as the Board may consider necessary—

cause the removal from the register to be confirmed and direct

the surrender of the license and certificate of registration within
fourteen days after notification to that person by way of
registered post;

cause the name of the person to be restored in the register;

terminate the suspension of the registration;

as the case may be, issue a new license; or

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terminate the suspension of the existing license, without fee or
on payment of such fee not exceeding a fee charged upon
registration or issuance of a license, as the Board may
determine.

PART V — FINANCIAL PROVISIONS

34. Funds of the Board

The funds of the Board shall consist of—

donations, grants, loans or gifts made to the Board and approved

by the Cabinet Secretary; and

such fees, monies or assets as may accrue to or vest in the Board

in the course of the exercise of its powers or the performance of
its functions under this Act or under any written law.

There shall be paid out of the funds of the Board any

expenditure incurredby the Board in the exercise of its powers
or the performance of its functions under this Act.

35. Financial year

The financial year of the Board shall be the period of twelve

months ending on the thirtieth June in each year.

36. Annual estimates

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At least three months before the commencement of each
financial year,the Board shall cause to be prepared estimates of
its revenue and expenditure for that year.

The annual estimates shall make provision for all estimated

expenditure ofthe Board for the financial year and in particular,
the estimates shall provide for the—

payment of the salaries, allowances and other charges in respect

of staff of the Board;

payment of pensions, gratuities and other charges in respect of

members and staff of the Board;

proper maintenance of the buildings and grounds of the Board;

maintenance, repair and replacement of the equipment and

other property of the Board; and

creation of such reserve funds to meet future or contingent

liabilities in respect of retirement benefits, insurance or
replacement of buildings or equipment, or in respect of such
other matter as the Board may deem appropriate.

The annual estimates shall be approved by the Board before

thecommencement of the financial year to which they relate
and, once approved, the sum provided in the estimates shall be
submitted to the Cabinet Secretary for approval.
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No expenditure shall be incurred for the purposes of the Board
exceptin accordance with the annual estimates approved under
subsection (3), or in pursuance of an authorisation of the Board
given with prior written approval of the Cabinet Secretary.

37. Accounts and audit

The Board shall cause to be kept proper books and records of

accounts ofits income, expenditure and assets.

Within a period of three months after the end of each financial

year, theBoard shall submit to the Auditor-General, its accounts
together with—

a statement of the income and expenditure of the Board during

that year; and

a balance sheet of the Board on the last day of that year.

The accounts of the Board shall be audited and reported upon

in accordancewith the provisions of the Public Audit Act (No.
34 of 2015).

38. Investment of funds

The Board may invest any of its funds in securities in which for
the timebeing trustees may by law invest trust funds, or in any
other securities or banks which the Cabinet Secretary for the

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time being responsible for matters relating to finance may, from
time to time, approve for that purpose.

The Board may place on deposit, with such bank or banks as it

maydetermine, any moneys not immediately required for its
purposes, as it may determine.

PART VI—OFFENCES AND PENALTIES

39. Procuring registration or licensing through fraud

A person who willingly procures or attempts to procure

registration or licensing under the provisions of this Act by
making or producing or causing to be made or produced any
false or fraudulent representation or declaration, either orally
or in writing, commits an offence and shall be liable on
conviction to a fine not exceeding five hundred thousand
shillings or to imprisonment for a term not exceeding two years,
or both.

(2) The Registrar shall remove from the register the name of
any person registered or licensed under this Act who is
convicted of an offence under this section and cancel the license
held.

40. Professional misconduct

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A person who is licensed as a professional engineering
technologist or consulting engineering technologist under this
Act shall be guilty of professional misconduct if that person—

deliberately fails to follow the standards of conduct and practice

of the engineering technology profession set by the Board;

commits gross negligence in the conduct of his or her

professional duties;

allows another person to practice in his or her name, where that

person—

is not a holder of a license;

is not in partnership with him or her;

takes advantage of a client by abusing the position of trust,

expertise or authority;

lacks regard or concern for clients' needs or rights; or

shows incompetence or inability to render engineering

technology professional services or works.

41. Operating an unaccredited institution

A person who operates a training institution which is not

recognized and accredited by the relevant Government body as

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an institution for training persons seeking registration under
this Act or, being in charge of such institution—

admits to the institution under his or her charge any person for
purposes of training in the engineering technology profession;

purports to conduct a programme of training or examining

persons seeking registration under this Act;

issues any document, statement, certificate or seal implying

that—

the holder thereof has undergone a course of instruction or has

passed an examination recognized by the Board; or

the institution under his or her charge is recognized by the

relevant government body 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.

42. Unlawful use of name

A person who, being not registered or licensed within six

months afterenactment of this Act—

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willfully and falsely takes or uses in any way the style or form
or title of "Engineering Technologist" in describing his or her
occupation or his or her business or any other name, style, title,
addition or description implying whether in itself or in the
circumstances in which it is used, that such person or body or
persons is an "Engineering Technologist"; or

displays any sign, board, card or other device or uses prescribed

stamp representing or implying that he or she is an engineering
technologist, commits an offence.

Any person who, prior to the coming into force of this Act, used
the title orstyle "Engineering Technologist" in describing his or
her occupation or business shall cease to use such titles unless
that person becomes registered or licensed under this Act.

The Board may grant exemptions upon application to any

person orgroup of persons for the use of the description or use
of the term "Engineering Technologists" and such exemptions
shall be in accordance with any recognised written
international education accords or treaty or convention to
which Kenya has ratified.

43. Carrying of business by body of persons

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A body of persons shall not carry on business of engineering
technologyunless one of its partners or directors, as the case
may be, is a professional engineer technologist.

Where a partner or director of a body of persons mentioned

undersubsection (1), dies, that body of persons may, despite the
provision of subsection (1), continue to carry on the business of
engineering technology until such time as the administration of
the estate of the deceased is completed as if the legal
representative of the deceased partner or director were
professional engineer technologists.

PART VII — COMPLAINTS AND DISCIPLINARY

PROVISIONS

44. Complaints to the Board

A person who, being dissatisfied with any engineering

technologyprofessional services offered, or alleging a breach of
the standards of conduct specified by the Board from time to
time, by a registered or licensed person under this Act, may
make, in the prescribed manner, a written complaint to the
Board.

Upon an inquiry held by the Board to determine a complaint

made undersubsection (1), the person whose conduct is being

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inquired into shall be afforded an opportunity of being heard,
either in person or through a representative of his or her choice.

For the purposes of proceedings at any inquiry held under this

section,the Board may administer oaths, enforce attendance of
persons as witnesses and production of books and documents as
evidence.

A person who fails when summoned by the Board to attend as

witness or toproduce any books or documents which he or she
is required to produce, commits an offence.

Subject to this section and rules of procedure made under this

Act, theBoard may regulate its own procedure in disciplinary
proceedings.

Where the Board is satisfied that any person registered or

licensed underthis Act has been—

convicted of an offence under this Act or under any other law

punishable by imprisonment, the commission of which, in the
opinion of the Board, has dishonoured him or her in the public
estimation;

guilty of negligence or malpractice in respect of his or her

profession; or

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guilty of impropriety or misconduct in respect of his or her
profession, the Board may, subject to subsection (10)—

direct the removal of such person's name from the Register;

issue a written warning or reprimand;

cancel such person's license;

suspend such person's license or registration for a period not

exceeding two years or impose a fine, for a natural person, not
exceeding two hundred and fifty thousand shillings and, for a
legal person, a fine of three million shillings.

A person whose name has been removed from the register or

whose licensehas been cancelled or suspended under the
provisions of this Act shall surrender his or her certificate of
registration or the license to the Registrar.

A person who fails to surrender the license as required under

subsection (7) commits an offence and is liable on conviction,
in case of a natural person, to a fine of fifty thousand shillings
and, in case of a legal person, to a fine of one hundred thousand
shillings.

The power to direct removal of a name of a person from the

register orto cancel that person's license shall include the power
exercisable in the same manner to direct that during such period
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as may be specified in the order, the registration of that person's
name in the register or the license issued to the person shall not
have effect.

Notwithstanding any other provisions in this Act, the Board

shall notremove the name of a person from the register, or
cancel a license issued to that person unless—

at least two thirds of the members of the Board so decide;

the Board has given the licensee at least twenty-one days notice
of its intention to cancel a license; and

it has provided the licensee with an opportunity to make

representation to the Board.

45. Disciplinary Tribunal

There is established a Disciplinary Tribunal which shall be

composed of the following persons appointed by the Cabinet
Secretary—

a person who specializes in the professional field relating to the

complaint for which the Tribunal is formed;

a professional who has appropriate experience in engineering

technology; and

a person qualified in law and who has appropriate experience.

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46. Appeal against the Board’s decision

A person aggrieved by a decision of the Board under this Act

may, within thirty days from the date of the Board's decision,
appeal to the High Court against that decision, and in any such
appeal, the High Court may annul or vary the decision as it may
consider necessary.

PART VIII — MISCELLANEOUS PROVISIONS

47. Admissibility of documents

In any legal proceedings, a document meant to be a copy of an

entry fromthe register kept or published by the Registrar, and
certified by the Registrar to be a true copy of the entry, shall be
admissible as prima facie evidence of the content of the register.

The Registrar shall not, in any legal proceedings to which he or

she is nota party, be compelled to—

produce the register if its contents can be proved under this Act;
or

appear as a witness to prove any entry in the register, of the

matters recorded in the register, without a court order.

48. General penalty

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A person who commits an offence under this Act for which no
specific penalty is provided for is liable on conviction to a fine
of two hundred thousand shillings or to imprisonment for a
term not exceeding one year, or both.

PART IX — PROVISIONS ON DELEGATED POWERS

49. Rules

The Cabinet Secretary may, on the recommendation of the

Board, make rules generally for the better carrying into effect
the provisions of this Act, and any such rules may, without
prejudice to the generality of the foregoing—

prescribe the form and method of keeping the register under

this Act;

prescribe forms, methods and regulations concerning

conditions for issuance of licenses;

prescribe the manner and subject matter of courses pertaining

to training and continuing professional development;

prescribe the standards and conditions of professional practice

for persons registered or licensed under this Act;

provide for enforcing the attendance of witnesses and the

production of books and documents at an inquiry by the Board;

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prescribe forms to be used in connection with this Act or fees to
be charged under this Act; and

prescribe anything required under this Act to be prescribed.

SCHEDULE

[Section 7.]

PROVISIONS AS TO THE CONDUCT OF BUSINESS AND

AFFAIRS OF THE BOARD

1. Meetings

The Board shall meet not less than four times in every financial
year andnot more than four months shall elapse between the
date of one meeting and the date of the next meeting.

Notwithstanding the provisions of subparagraph (1), the

chairperson may,and upon requisition in writing by at least five
members shall, convene a special meeting of the Board at any
time for the transaction of the business of the Board.

Unless three quarters of the total members of the Board

otherwise agree,at least fourteen days' written notice of every
meeting of the Board shall be given to every member of the
Board.

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The quorum for the conduct of the business of the Board shall
be fivemembers including the chairperson or the person
presiding.

The chairperson shall preside at every meeting of the Board but,

in hisabsence, the members present shall elect one of their
members to preside, who shall, with respect to that meeting and
the business transacted thereat, have all the powers of the
chairperson.

Unless a unanimous decision is reached, a decision on any

matter beforethe Board shall be by a majority of votes of the
members present and voting and, in the case of an equality of
votes, the chairperson or the person presiding shall have a
casting vote.

Subject to subparagraph (4), no proceedings of the Board shall

be invalidby reason only of a vacancy among the members
thereof.

2. Disclosure of interest by Board Members

If a member is directly or indirectly interested in any contract,

proposedcontract or other matter before the Board and is
present at a meeting of the Board at which the contract,
proposed contract or other matter is the subject of

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consideration, that member shall, at the meeting and as soon as
practicable after the commencement thereof, disclose the fact
and shall not take part in the consideration or discussion of, or
vote on, any questions with respect to the contract or other
matter, or be counted in the quorum of the meeting during
consideration of the matter.

Notwithstanding subparagraph (1), if the majority of the

members presentare of the opinion that the experience or
expertise of a member who has an interest in a matter before
the Board is vital to the deliberations of the meeting, the Board
may permit the member to participate in the deliberations
subject to such restrictions as it may impose but such member
shall not have the right to vote on the matter in question.

A disclosure of interest made under this paragraph shall be

recorded in theminutes of the meeting at which it is made.

A member of the Board who contravenes subparagraph (1)

commits anoffence and is liable to imprisonment for a term not
exceeding six months, or to a fine not exceeding one hundred
thousand shillings, or both.

3. Execution of instruments

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Any contract or instrument which, if entered into or executed
by a person not being a body corporate, would not require to be
under seal, may be entered into or executed on behalf of the
Board by any person generally or specially authorized by the
Board for that purpose.

4. Minutes

The Board shall cause minutes of all resolutions minutes and

proceedings of meetings of the Board to be entered in books
kept for that purpose.

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5.3. The Universities (Amendment) Act, 2016

SPECIAL ISSUE

Kenya Gazette Supplement No. 198 (Acts No. 48)

REPUBLIC OF KENYA

KENYA GAZETTE SUPPLEMENT

ACTS, 2016

NAIROBI, 30th December, 2016

CONTENT

Act—

PAGE

The Universities (Amendment) Act, 20161183

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2016 Universities (Amendment) No. 48

L REPORT
A INCI

PRINTED AND PUBLISHED BY THE GOVERNMENT

PRINTER, NAIROBI

THE UNIVERSITIES (AMENDMENT) ACT

No. 48 of 2016

Date of Assent: 23rd December, 2016

Date of Commencement: 13th January, 2017

AN ACT of Parliament to amend the Universities Act, 2012 and

for connected purposes

ENACTED by the Parliament of Kenya, as follows—

This Act may be cited as the Universities (Amendment) Act,

2016.

Section 2 of the Universities Act, 2012 (in this Act referred to as

the principal Act) is amended—

by deleting the definition of "accreditation" and substituting

therefor the following new definition—
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2016 Universities (Amendment) No. 48

"accreditation" means the procedure by which the Commission
recognises an institution as a University and as having fulfilled
the prescribed criteria for mounting its academic programmes",

by deleting the definition of the word "programmes

accreditation" and substituting therefor the following new
definition—

"programme accreditation" means the process by which the

Commission formally recognizes an academic programme of a
University, including a foreign university";

by inserting the following new definitions in proper

alphabetical sequence—

"academic programme" means the design of learning content

which includes the intention, the structure of the content, the
delivery mode, academic resources and assessment modes";

'instrument of accreditation" means the Charter or Letter of

Interim Authority establishing a university issued under this
Act".
"quality assurance" means the employment by a university of
various measures and mechanisms developed by the
Commission to assess, maintain and enhance standards of
programmes offered by a university";

(d) in the definition of the word—

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2016 Universities (Amendment) No. 48

"sponsor" by inserting the words "including the government"
immediately after the word "person" ;and

"technical university" by deleting the words "an institute of".

3. Section 5 of the principal Act is amended—

in subsection (1) by deleting the word "accredit" appearing in

paragraph (l) and substituting therefor the word "approve";

by inserting the following new subsection immediately after

subsection (2A) —

"(2B). (1) The Commission shall, in approving and inspecting

university academic programmes—

(a) analyse and consider the following factors —

learning content of a programme;

purpose and objectives of a programme;

structure of a programme;

delivery mode of a programme;

availability of academic resources to implement a programme;

mode of assessment of the programme;

learning environment of a university;

learning facilities of a university; and

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extra-curricular activities offered by a university;

(b) ensure openness, maintain objectivity and consistency in

arriving at its decision.

(2) Despite subsection (1), the Commission may consider any

other factor as it may deem fit and may rank each factor assessed
to indicate the level of compliance.

4. The principal Act is amended by deleting section 6 and

substituting therefor the following new section 6— 6. (1) The
Commission shall consist of—

a chairperson appointed by the President;

the Principal Secretary in the Ministry for the time being

responsible for university education;

the Principal Secretary in the Ministry for the time being

responsible for national treasury;

one person appointed by the Cabinet Secretary who is a

distinguished academic scholar with at least ten years'
experience in management of university education;

one person nominated by the Federation of Kenya Employers

and appointed by the Cabinet

Secretary;

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2016 Universities (Amendment) No. 48

one person nominated by chairpersons Councils of public
universities in a forum of chairpersons of the Councils of public
universities convened by the Cabinet Secretary for that
purpose;

one person nominated by chairpersons Councils of private

universities in a forum of chairpersons of the Councils of private
universities convened by the Cabinet Secretary for that
purpose; and

the Commission Secretary who shall be an exofficio member.

(2) A person who was serving as a member of the Commission

prior to the commencement of this section shall continue to
serve as a member for the remainder of his or her unexpired
term or for a period not exceedingninety days after
commencement of this section, whichever is earlier, after
which new commissioners shall be appointed in accordance
with this section.

5. The principal Act is amended by inserting the

following new section immediately after section
5—

Conflicts Acts in approval with other of

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5A (1) If there is a conflict between the programmes provisions
of this Act and the provisions of any other Act in matters
relating approval or accreditation of academic programmes
offered by universities, the provisions of this Act shall prevail.

Despite the provisions of any other law, the recognition,

licensing, student indexing, approval or accreditation of any
academic programme including postgraduate degrees, diplomas
including postgraduate diplomas and other academic
certificates offered at a university shall be the exclusive
mandate of the Commission to be in accordance with this
section at the exclusion of any other person or body.

The Commission may, before approving any academic

programme consult with any relevant body established by
written law to regulate the profession to which the academic
programme relates where such law empowers the professional
body to approve or accredit courses offered at any university or
colleges.

Pursuant to section 5(2), the Commission may engage—

professional bodies and associations to carry out inspection of

universities on its behalf;

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the Auditor-General to offer the Commission professional
opinion on management and financial positions of a particular
university

(5) A person who without the authority of the Commission

under this Act purports to license, accredit, recognise, audit,
inspect, index students or collect a fee or a charge from a
university or a student commits an offence and shall be liable
on conviction to a fine not exceeding two million shillings or
imprisonment for a term not exceeding two years or both.

Section 7 of the principal Act is amended in Act is amended—

(a) in subsection (1) by—

inserting the words "and has at least fifteen years' experience in

matters relating to management of university education"
immediately after the words "in Kenya" appearing in paragraph
(a);

deleting the words "section 6(d), holds a masters degree from a

university recognized in Kenya, and at least five years'
experience in leadership, management or academia" appearing
in paragraph (b) and substituting therefor the words "section
6(e), (f) and (g) holds a masters degree from a university

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recognized in Kenya and has at least ten years' experience in
matters relating management of university education".

(b) by deleting subsection (5).

Section 8 of the principal Act is amended in subsection (1) by

inserting the following new paragraph immediately after
paragraph (a) —

"(aa) is absent from three consecutive meetings of the

Commission without the permission of the Chairperson, or, in
the case of the Chairperson, the permission of the Cabinet
Secretary."

Section 11 of the principal Act is amended in subsection (l) by

deleting the words "a doctorate degree" appearing in paragraph
(a) and substituting therefor the words "a masters degree".

The principal Act is amended by inserting the following new

section immediately after section 12—

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2016 Universities (Amendment) No. 48

Protection from 12A (1) No matter or thing done by a
personal liability

member of the Commission or any officer, employee

or agent of the Commission shall, if the matter or
thing is done bona fide for executing the functions,
powers or duties of the Commission, render the
member, officer, employee or agent or any person
acting under the directions personally liable to any
action, claim or demand whatsoever.

(2) The provisions of subsection (1) shall not relieve

the Commission of the liability to pay lawful
compensation or damages to any person for injury to
the person or property.

Section 13 of the principal Act is amended in subsection (1) by

inserting the words "or a Letter of Interim Authority"
immediately after the word "Charter".

Section 15 of the principal Act is amended in subsection (2) by

deleting the words "commence or" appearing in paragraphs (b)
and (c).

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2016 Universities (Amendment) No. 48

Section 20 of the Principal Act is amended— (a) in subsection
(1) by deleting paragraph (c) and substituting therefor the
following new paragraph —

"(c) may develop its new academic programmes for approval by

the Commission in accordance with this Act. "

(b) by inserting the following new subsection immediately after

subsection (2) —

"CA) Despite the provisions of Section (1) (d), a public

university shall not establish a campus or a college in a foreign
country without the approval of the Cabinet Secretary in
consultation with the Cabinet Secretary for the time being
responsible for matters relating to finance. "

Section 23 of the principal Act is amended by deleting the words

"or Senate" appearing in subsection (l).

Section 34 of the principal Act is amended by inserting the

words "or Letter of Interim Authority" after

the
word

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2016 Universities (Amendment) No. 48

"Charte
r".

Amendment of section 34 of No.42 of 2012.

Section 35 of the principal Act is amended in subsection (2) by

inserting the words "with the approval of the Commission"
immediately after the words "such a university may"

Section 36 of the principal Act is amended— (a) in subsection

(l) by inserting the words "in such a manner as may be
prescribed in guidelines issued by the Cabinet Secretary"
immediately after the word "process" in paragraph (d); and

(b) by inserting the following new subsections immediately

after section (2) —

"(3) In making appointments under this section the appointing

authority shall have regard to the objectives of the development
of university education, ensuring that there are balanced
competencies, gender equity, and the inclusion of stakeholders,
persons with disabilities, the marginalized and other minority
groups.

The provisions of section (8) relating to the vacancy of office of

the chairperson and members of the Commission shall apply

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with necessary modifications to the chairperson and members
appointed under subsection (l) (a) and (d).

The members of the Council appointed under section 36(1) shall

at their first meeting after appointment determine by lot which
two of their number shall vacate office after a period of three
and four years respectively to ensure continuity in the activities
of the Council,

The provisions of the First Schedule shall apply with necessary

modifications, to the conduct of the business and affairs of the
Council."

Section 38 of the principal Act is amended in subsection (5) by

inserting the words "for a period not exceeding three months"
immediately after the word "Council".

Section 41 of the principal Act is amended— (a) in subsection

(1) by inserting the words "comprising of all students of the
university" immediately after the word " association";

by inserting the following new subsections immediately after

subsection (1) — (IA) A students' association shall be governed
by a students' council comprising 0— (a) a Chairperson;

a Vice Chairperson who shall be of opposite gender with the

Chairperson;
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a Treasurer;

a Secretary-General who shall be the secretary to the Council;

and

three other members to represent special interests of

students.

(1B) Every students' council shall be elected in

accordance with this Act and its membership shall—

reflect national diversity; and

have not more than two-thirds of its members being of the same
gender.

(IC) For purposes of conducting the election of the members of

the student council referred to in subsection (IA), the students'
association shall constitute itself into electoral colleges based on
either academic departments, schools or faculties, as may be
appropriate.

(ID) The students of each electoral college constituted under

subsection (1 C) shall elect three representatives—

from amongst persons who are not candidates under subsection

(IA) ; and

of whom not more than two-thirds shall be of the same gender.

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(1 E) The representatives of each electoral college shall elect the
members of the student council within thirty days of the
election under subsection (ID).

(IF) A member of the student council shall hold office for a term
of one year and may be eligible for re-election for one final
term.(IG) A person who has held office as a member of the
student council of a University for two terms is disqualified
from election as a member of the student council of any other
University or constituent college in Kenya.

(1 H) Every students' association shall, in consultation with the

University, formulate and enact rules to govern the conduct of
elections including regulation of campaigns, election financing,
offences and penalties.

(11) An election conducted pursuant to this section shall comply

with the general principles of the Kenyan electoral system
under Article 81 of the Constitution and the rules governing the
election of members of the student council.

by deleting subsection (3).

19. Section 51 of the principal Act is amended in section (2) (f)

by —

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inserting the words "or audit" immediately after the word
"accreditation; and

deleting the words "state which shall not be published without

the prior consent of the university concerned" and substituting
therefor the words "which shall be published upon the
Commission issuing notice to the university concerned".

20. Section 54 of the principal Act is amended in subsection (4)

by—

deleting the word "universities" appearing in paragraph (b) and

substituting therefor the words "public universities and issue
conditional grants to private universities;"

deleting the word "universities" appearing in paragraph (c) and

substituting therefor the words "public universities and issuance
of conditional grants to private universities;"

deleting the words "public universities, establish" appearing in

paragraph (d) and substituting therefor the words "Chairpersons
of Councils of public universities, propose and establish for

approval by the Cabinet Secretary and the

Auditor-General",

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(d) deleting subsection (6); and (e) deleting
subsection (7).

21. The principal Act is amended by inserting the following new

sections immediately after section 54—

54A. (1) There shall be a Director who shall be the chief

executive officer of the Fund, appointed by the Cabinet
Secretary on recommendation of the Board of Trustees of the
Fund following a competitive recruitment process, and who
shall serve for a term of five years, which may be renewed for
one further term.

The Director of the Fund shall be responsible for the day to day
management of the affairs of the Fund.

A person shall be qualified for appointment as a Director if such

person— (a) is a Kenyan citizen;

holds a degree or its equivalent from a university recognized in

Kenya in the field of banking, education, law, finance,
economics or management;

has at least ten years' relevant professional experience in the

management of a public or private institution; and

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meets the requirements of leadership and integrity set out in
Chapter Six of the Constitution.

54B. (I) The Fund may employ such other officers and staff as it
may deem necessary for the performance of its functions under
this Act.

(2) All appointments under this section shall take into account
gender equity, ethnic and regional balance in accordance with
the Constitution.

Financial provisions 54C. The provisions relating to the finances

of the Commission as set out in sections 31, 32 and 33 shall
apply, mutatis mutandis to the finances of the Fund.

The principal Act is amended by inserting the following new

sections immediately after section 59—

Meaning of the word 59A. In this Part, "college" means an

institution established under the

Technical

and Vocational Education and

Training Act, or any other public
training institution of higher

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learning established under an Act
of Parliament".

Section 61 of the principal Act is amended in subsection (1) by

inserting the words "in all its colleges and campuses"
immediately after the words "its premises".

The principal Act is amended by inserting the following new

section immediately after section 61 —

61A.The instruments of
accreditation

shall be in the form prescribed in

the Third Schedule to this Act.

Section 69 of the principal Act is amended in subsection (2) by

deleting the words "five hundred thousand" and substituting
therefor the words "one million"

The principal Act is amended by inserting the following new

section immediately after section 69 —

Commission issue a notice may to 69A. (1) The Commission

may, by comply. notice in writing, require an institution in
default of any provision under this Act, regulation, standards

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and guidelines to comply therewith within a prescribed time
and in a prescribed manner.

(2) If any institution served with a notice under sub-section (1)

fails to comply therewith, the Commission may close the
institution either permanently or until the notice is complied
with.

(3)Any person aggrieved by the decision of the Commission

under subsection (2) may appeal to the Cabinet Secretary
within thirty days of the decision.

27. Section 70 of the principal Act is amended in—

subsection (1) by inserting the words "with relevant

stakeholders" immediately after the word "consultation"

subsection (2) by deleting the expression "foreign" appearing in

paragraph (a).

28, The principal Act is amended by deleting section 84.

The principal Act is amended in the First Schedule by deleting

paragraph 4 and substituting therefor the following new
paragraph 4—

"(4) The quorum for a meeting of the Commission shall be five

members. "

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The principal Act is amended by inserting the following new
schedule immediately after the second schedule—

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THIRD SCHEDULE (s. 61A)

LETTER OF INTERIM AUTHORITY

Pursuant to section 14 of the Universities Act, this day of 20 the Cabinet

Secretary has granted

(name of university) a Letter of Interim Authority authorising the university to operate

in accordance with the provisions of sections 15, 16 and 17 of this Act.

Signed

Cabinet Secretary.

CHARTER

Pursuant to section 13 of the Universities Act, this day of 20

the Commission accredits

(name of university) to be established as a university in accordance

with the provisions of this Act.

Signed

Cabinet Secretary.

31, The provisions of paragraph (b) of section 2 of Transitionalprovision, this Act shall not
apply to an academic programme previously approved or accredited by the senate of a
university granted a charter or by the Commission prior to the coming into force of this
Act.

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5.4. Conditions of Engagement of Engineers

THE REPUBLIC OF KENYA

ENGINEERS BOARD OF KENYA

THE SCALE OF FEES AND CONDITIONS OF ENGAGEMENT FOR CONSULTING

ENGINEERING SERVICES IN KENYA

NOVEMBER 2012

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CONDITIONS OF ENGAGEMENT

FOR

PROFESSIONAL ENGINEERING SERVICES

TABLE OF CONTENTS

1 DEFINITIONS

2 OBLIGATIONS OF THE CONSULTING ENGINEER

3 OBLIGATIONS OF THE CLIENT

4 SITE STAFF

5 COMMENCEMENT, DETERMINATIONS, POSTPONEMENT,

DISRUPTION AND DELAY

6 PAYMENTS

7 OWNERSHIP OF DOCMENTS AND COPYRIGHT

8 LIABILITY, INSURANCE AND WARRANTIES

9 DISPUTES AND DIFFERENCES

10 NOTICES

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1 DEFINITIONS

In construing this Agreement the following expressions shall have the meanings hereby
assigned to them except where the context otherwise requires:

“Client” means the person, firm or organization named in the Memorandum of

Agreement, who has engaged the services of the Consulting Engineer.

“Consulting Engineer” means the person or firm named in the Memorandum of

Agreement and shall include any other person or persons taken into partnership by such
person or firm during the currency of this Agreement and the surviving member or
members of any such partnership.

“Project” means the project with which the Client is proceeding and of which the Works
form a part.

“Works” means the Works in connection with which the Client has engaged the
Consulting Engineer to perform professional services.

“Services” means the professional services performed by the Consulting Engineer in

respect of the Project or Works and shall comprise Normal Services and Additional
Services so prescribed in Appendix A.

“Contractor” means any person or persons, firm or company under contract to the
Client to perform work and/or supply goods in connection with the Works

“Sub-Contractor” means a person or firm appointed by or on behalf of the

Contractor to execute part of the project or of the Works or to manufacture or supply
material for incorporation therein.

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“Other Consultants” means Consultants other than the Consulting Engineer appointed
by the Client to perform professional services in relation to the Project or Works.

Words importing the singular include the plural and vice versa where the context
requires.

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2 OBLIGATIONS OF THE CONSULTING ENGINEER

Performance of Services

The Consulting Engineer shall perform the Normal Services, as so prescribed in Appendix
A, and such Additional Services so prescribed in Appendix A and as may be requested or
consented to by the Client.

Skill and Care

The Consulting Engineer shall exercise reasonable skill, care and diligence in the
performance of the Services.

Assignment

The Consulting Engineer shall not, without the written consent of the Client which
consent shall not unreasonably be delayed or withheld, assign or transfer any benefit or
obligation under this Agreement.

Acting as Lead Consultant

The Consulting Engineer shall if so indicated by the Client prior to the execution of this
Agreement act as the Lead Consultant, in which capacity he shall coordinate and integrate
the services of such Other Consultants as the Client may appoint. The Consulting
Engineer will not be responsible for the detailed designs of any Other Consultant or liable
for defects in or omissions from them.

Working with Specialists Sub-Consultants

The Consulting Engineer may recommend to the Client that the Consulting Engineer sub-
lets to a specialist sub-consultant the performance of any of the Services.

The Client shall not unreasonably withhold consent to such recommendation and the
Consulting Engineer shall integrate such sub-consultant’s services with his own. The

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Consulting Engineer shall be responsible for the performance and the payment of any
sub-consultant.

Design by Contractors or Sub-Contractors

The Consulting Engineer may recommend that specialist suppliers and/or contractors
should

design and execute certain part or parts of the Works in which circumstances the
Consulting

Engineer shall co-ordinate the design of such part or parts with the overall design of the
Works but he shall be relieved of all responsibility for the design, manufacture,
installation and performance of any such part or parts of the Works. Where any persons
are engaged in accordance with Clause 2.5, the Consulting Engineer shall be under no
liability for any negligence, default or omission of such persons. The client shall not
unreasonably withhold consent to such recommendation.

If the Consulting Engineer shall be required to incorporate proposals by others in his

scheme then he shall not be responsible for the design or performance of the proposals
designed by others.

Appointing a Project Leader

The Consulting Engineer shall designate his Project Leader approved by the Client who
shall be deemed to have authority to make decisions on behalf of the Consulting Engineer
under this Agreement. The Project Leader shall not be replaced without the consent of
the Client, which consent shall not unreasonably be delayed or withheld.

Limit of Authority

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The Consulting Engineer shall not without the further approval of the Client alter the
design once approved by the Client.

Save in the event of any emergency, the Consulting Engineer shall not without the
approval of the Client issue instructions to any Contractor the effect of which would be
to alter any design already approved by the Client or to incur additional costs to the Client
beyond whatever limits may have been agreed for such additional costs.

BILLS OF QUANTITIES

The Consulting Engineer shall advise the Client on the need for preparing Bills of
Quantities in

respect of the Works before invitation of tenders thereof.

2.9.2 In such circumstances, the Consulting Engineer shall

(a) Prepare detailed Bills of Quantities for the Works if the design of the project is
sufficiently

advanced to enable him to do so, or

(b) Prepare any Bills of Approximate Quantities for the Works if the design of the Project
is not

sufficiently advanced to enable him to prepare detailed Bills of Quantities.

(c) Prepare priced bills of quantities for accurate cost estimates.

(d) Execute any other quantity surveying works as necessary.

2.9.3 In any case in which the Consulting Engineer has prepared Bills of Approximate
Quantities, he

shall subsequently correct the quantities and re-price the Bills in consultation with the

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contractor or sub-contractor.

2.9.4 If a Quantity Surveyor is engaged on the project and requires formation to

enable him incorporate

quantities in the main bill, then the Consulting Engineer will provide such detailed
information on the Works as will enable the Quantity Surveyor to prepare Bills on the
works.

OBLIGATIONS OF THE CLIENT

3.1 Payment for Services

The Client shall pay the Consulting Engineer fees and disbursements for the performance
of the Services as set out in Clause 6 of these Conditions.

Provision of Information

The Client shall supply to the Consulting Engineer, without charge and in such time so as
not to delay or disrupt the performance by the Consulting Engineer of the Services, all
necessary and relevant data and information (including details of the services to be
performed by any Other Consultants) in the possession of the Client, his agents, servants,
Other Consultants or Contractors.

Providing Assistance

The Client shall give, and shall ensure that his agents, servants, Other Consultants and
Contractors give, such assistance as shall reasonably be required by the Consulting
Engineer in the performance of the Services.

Making Decisions

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The Client shall ensure that his decisions, instructions, consents or approvals on or to all
matters properly referred to him shall be given in such reasonable time so as not to delay
or disrupt the performance of the Services by the Consulting Engineer.

3.5 Assignment

The Client shall not, without the written consent of the Consulting Engineer which
consent shall not unreasonably be delayed or withheld, assign or transfer any benefit or
obligation under this Agreement.

3.6 Appointing Client’s Representative

The Client may designate a Representative who shall be deemed to have authority to make
decisions on behalf of the Client under this Agreement. The Client shall notify the
Consulting Engineer immediately if the Client’s Representative is replaced.

3.7 Appointing Contractors

The Client shall appoint Contractors to execute and/or to manage the execution of the
Project and the Works. The Client shall require that the Contractors execute the Project
and the Works in accordance with the terms of the relevant contracts.

Neither the provision of Site Staff nor periodic visits by the Consulting Engineer or his
staff to the site shall in any way diminish the responsibilities of the Contractors or any
Sub-Contractors for executing the Project and the Works in compliance with the relevant
contract documents and any instructions issued by the Consulting Engineer.

4 SITE STAFF

4.1 If in the opinion of the Consulting Engineer the execution of the Project or the
Works including any investigations warrants full time or part time Site Staff to be
deployed at any stage, the Client shall not unreasonably withhold consent to the
employment and/or deployment of such suitably qualified technical and clerical Site Staff
as the Consulting Engineer shall consider necessary.

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4.2 The Client and the Consulting Engineer shall discuss, agree and confirm in
writing in advance of such deployment, the number and levels of staff to be deployed to
site, the duration of such deployments, the frequency of occasional visits and the duties
to be performed by Site Staff.

4.3 Site Staff shall be employed either by the Consulting Engineer or by the Client
directly.

4.4 The terms of service of all Site Staff if employed by the Consulting Engineer
shall be subject to the approval of the Client, which approval shall not unreasonably be
delayed or withheld.

4.5 The Client shall ensure that the contracts of employment of Site Staff employed
by the Client empower the Consulting Engineer to issue instructions to such staff in
relation to the Project or the Works and shall stipulate that staff so employed shall in no
circumstances take or act upon instructions in connection with the Project or the Works
other than those given by the Consulting Engineer.

4.6 Where duties are performed by Site Staff employed other than by the
Consulting Engineer, the Consulting Engineer shall not be responsible for any failure on
the part of such staff to properly comply with any instructions given by the Consulting
Engineer.

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4.7 Facilities and Arrangements for Site Staff

The Client shall be responsible for the cost and provision of such local office
accommodation, furniture, telephones and facsimile apparatus and other office
equipment, protective clothing and transport as shall reasonably be required for the use
of Site Staff and for the reasonable running costs of such necessary local office
accommodation and other facilities, including those of stationery, telephone and facsimile
charges, and postage.

Unless agreed between the Client and the Consulting Engineer that the Client shall
arrange for such facilities, the Consulting Engineer shall arrange, whether through
Contractors or otherwise, for the provision of such local office accommodation and other
facilities.

4.8 Where a clerk of works nominated by the client or his representative is charged
with the supervision of the Works on site, in respect of the engineer Works, the Client
shall ensure that such clerk of works shall take instructions solely from the Consulting
Engineer, who shall inform the client or his representative of all such instructions,

4.9 Where any supervision including duties as listed under Clause 1.4 of appendix
A is performed other than by staff appointed by the Consulting Engineer as per Clause 4.8
above, the Consulting Engineer

shall not be responsible for any failure on the part of such staff properly to comply with
any

instructions given by the Consulting Engineer.

5 COMMENCEMENT, TERMINATION, POSTPONEMENT, DISRUPTION AND

DELAY

Duration of Appointment

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Notwithstanding the date stated in the Form of Agreement, the effective date of the
appointment of the Consulting Engineer shall be the date upon which the Form of
Agreement was executed by the parties or the date when the Consulting Engineer shall
have first commenced performance of the Services, whichever is the earlier.

Unless terminated, the appointment of the Consulting Engineer shall be concluded when
the Consulting Engineer has performed the Services required under this Agreement.

Termination by the Client

The Client may terminate the appointment of the Consulting Engineer at any time by
giving thirty (30) days Notice in respect of all or any part of the Services.

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Postponement and abandonment by the client

The Client may at any time by Notice require the Consulting Engineer to postpone the
performance of all or any part of the Services. This may result from the decision of the
client to postpone or abandon all or any part of the works.

On Notice of postponement of all or any part of the Services the Consulting Engineer shall
cease such postponed or abandoned Services in an orderly and economical manner
compatible with a possible order to restart.

If the postponement of the performance of all or any part of the Services exceeds twelve
months in aggregate the Consulting Engineer may by giving thirty (30) days Notice treat
the Project or the Works or that part of the Project or the Works as having been
abandoned and the appointment of the Consulting Engineer in respect of all or any part
of the Services affected shall be automatically terminated.

Termination by the Client following Breach of this Agreement by the

Consulting Engineer

In the event of a breach of this Agreement by the Consulting Engineer the Client may
give thirty (30) days Notice of his intention to terminate the appointment of the
Consulting Engineer setting out the acts or omissions of the Consulting Engineer relied
upon as evidence of such breach. If the Consulting Engineer does not, to the reasonable
satisfaction of the Client, take expeditious steps to repair the breach during the notice
period the Client may forthwith on the expiry of the notice period determine the
appointment of the Consulting Engineer.

Suspension or termination by the Consulting Engineer

Upon the occurrence of any circumstance beyond the control of the Consulting Engineer
which is such as to prevent or significantly impede the performance by the Consulting
Engineer of the Services under this Agreement, the Consulting Engineer may without

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prejudice to any other remedy and upon not less than four weeks Notice suspend for a
period of up to twenty-six weeks the performance of the Services under this Agreement
in respect of all or such part or parts of the Project or the Works as are affected and at the
expiry of the said period of suspension either continue with the performance of the
Services under this Agreement or if he is still prevented from performing such Services
for reasons beyond his control determine his appointment forthwith by a further Notice
of four weeks in respect of all or any part of the Services affected.

In the event of a breach of this Agreement by the Client the Consulting Engineer may
give four weeks Notice of his intention to determine the appointment of the Consulting
Engineer setting out the acts or omissions of the Client relied upon as evidence of such
breach. If the Client does not, to the reasonable satisfaction of the Consulting Engineer,
take expeditious steps to repair the breach during the notice period the Consulting
Engineer may forthwith on the expiry of the notice period determine the appointment of
the Consulting Engineer by a further two weeks Notice.

Notwithstanding the foregoing, in the event of the failure of the Client to make any
payment properly due to the Consulting Engineer in accordance with the provisions of
Clause 6 of these Conditions, the Consulting Engineer may, upon not less than four weeks
Notice, determine his appointment.

Insolvency

The appointment of the Consulting Engineer may be terminated in the event of the
Insolvency of either party. Notice of termination must be given to the party which is
insolvent by the other party.

Accrued Rights

Termination of the Consulting Engineer’s appointment under this Agreement shall not
prejudice or affect the accrued rights or claims of either party to this Agreement.

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ASSIGNMENT OF THE CONTRACT

The Consulting Engineer shall not, without the prior written consent of the Client, assign
the

Contract or any part thereof, or any benefit or interest there under, except in the following
Cases:-

a) By a charge in favour of the Consulting Engineer's bankers of any monies due or to

become

due under the Contract; or

b) By assignment to the Consulting Engineer's insurers of his right to obtain relief against
any

other person liable in cases where the insurers have discharged the Consulting Engineer's

loss or liability

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PAYMENTS

Alternative Methods of Payment

In respect of Normal Services provided by the Consulting Engineer under Clause 2.1 of
these Conditions, the Client shall pay the Consulting Engineer according to one or more
of the following methods as specified in Appendix B.

Time based fees

Lump Sum fees

Ad-valorem (percentage) fees

Time Charges

When the Project cost cannot be estimated in advance, the Client shall remunerate the
Consulting Engineer on the basis of time charge for staff actually employed on the Project.
Unless otherwise agreed between the Client and Consulting Engineer the applicable rates
are those given in the scale of charges set by the Engineers Board of Kenya

Lump Sum Fees

The sum payable by the Client to the Consulting Engineer shall be the Lump Sum to be
decided and confirmed in advance by negotiation or tender between the two parties,
depending on the nature of the Project. Lump Sums may be broken down into
components applicable to particular duties or stages of work.

Percentage Fees

The fees payable by the Client to the Consulting Engineer shall be calculated as agreed
percentages of the cost of the Project or cost of the Works and the amount payable,
therefore, shall vary with changes in the construction cost. Unless otherwise agreed
between the Client and Consulting Engineer, the standardized Percentage Fee rates given
in the scale of charges set by the Engineers Board of Kenya shall apply.

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Payment for Additional Services

In respect of Additional Services provided by the Consulting Engineer under Clause 2.1
of these Conditions, the Client shall pay the Consulting Engineer on the basis of time
charges as set out in Clause 6.1.1 of these Conditions or as otherwise agreed between the
Client and Consulting Engineer.

Payment for the Use of Special Equipment

Where the Client has agreed to pay the Consulting Engineer for his Services and the
Consulting Engineer decides to use special equipment in carrying out any additional
services or is expressly required by the Client to use special equipment in the carrying out
of his Services, the Client shall, unless otherwise agreed between the Client and the
Consulting Engineer, pay the Consulting Engineer:-

for the time spent in connection with the use of special equipment, including the
development and writing of programmes and the operation of the equipment in trial and
final runs, in accordance with scale of charges set by the Engineers Board of Kenya, or as
otherwise agreed between the Client and the Consulting Engineer, and

a reasonable charge for the use of equipment, which charge shall be agreed between the
Client and the Consulting Engineer before the work is put in hand.

Payment for Site Supervision

In addition to any other payment to be made by the Client to the Consulting Engineer
under this Agreement the Client shall pay the Consulting Engineer for all Site Staff
employed by the Consulting Engineer pursuant to Clause 4 of these Conditions.

Unless otherwise agreed, payment for Site Staff shall be on a time basis and at the rate or
rates for technical staff seconded to site in accordance with the scale of charges set by the
Engineers Board of Kenya. Where Site Staff are employed on site on a part time basis or

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full time for a period of less than nine weeks’ duration, the rates for office based technical
staff given in the scale of charges set by the Engineers Board of Kenya shall apply.

Notwithstanding the foregoing, the Client and the Consulting Engineer may agree upon
inclusive monthly or other rates to be paid by the Client to the Consulting Engineer for
each member of site staff employed by the Consulting Engineer.

Reimbursable Expenses

The Client shall in all cases reimburse the Consulting Engineer in respect of all the
Consulting Engineer’s disbursements properly made in connection with:-

Printing, reproduction and purchase of all documents, drawings, maps, records and
photographs.

Communication (fax, telephone calls, e-mails, etc)

Postage and similar delivery charges

Traveling, hotel expenses and other similar disbursements.

Advertising for tenders and site staff.

Site meetings, visits and inspections.

The Client, by agreement with the Consulting Engineer and in satisfaction of his liability
to the Consulting Engineer in respect of these disbursements, may make to the Consulting
Engineer a lump sum payment or as tabulated in appendix C.

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Payment for Variation or Disruption of Consulting Engineer’s Work

6.6.1 If the Consulting Engineer has to carry out additional work and/or suffers
disruption in the performance of the Services because the Project or Works or Brief is or
are varied by the Client, or because of any delay by the Client in fulfilling his obligations
under Clause 3.2, 3.3 or 3.4 of these Conditions, or in taking any other step necessary for
the execution of the Project or the Works, or because the Consulting Engineer is delayed
by others (or by particular events which were not reasonably foreseeable), or because the
Project or the Works is damaged or destroyed, or for other reasons beyond the control of
the Consulting Engineer, the Client shall make an additional payment to the Consulting
Engineer in respect of the additional work carried out and additional resources employed
(unless and to the extent that the additional work has been occasioned by the failure of
the Consulting Engineer to exercise reasonable skill, care and diligence) and/or the
disruption suffered. Unless otherwise agreed between the Client and Consulting
Engineer, this additional payment shall be on the basis of time based fees in accordance
with the scale of charges set by the Engineers Board of Kenya.

The Consulting Engineer shall advise the Client when he becomes aware that any such
additional work will be required and shall, if so requested by the Client, give an initial
estimate of the additional payment likely to be incurred. Where the Client requests that
payment for such additional work is to be in the form of lump sums, these lump sums
should be agreed by the parties prior to the additional work being commenced.

For the avoidance of doubt, it is hereby agreed that if the Consulting Engineer carries out
any work which subsequently becomes nugatory, the Client shall (unless otherwise
agreed) pay the Consulting Engineer therefore on the basis of time based fees in
accordance with the scale of charges set by the Engineers Board of Kenya.

6.6.2 Where in the Consulting Engineer’s opinion the Client’s instruction necessitates
a fundamental redesign of the part or parts of the Works affected by the instruction such

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that designs, specifications, drawings and other documents prepared by the Consulting
Engineer cannot be modified or revised to take account thereof or where the modification
or revision instructed by the Client results in a reduction in the cost of the part or parts
of the Works affected thereby as contained in the Consulting Engineer’s most recent
estimate by 10% or more, then such part or parts shall be deemed to have been abandoned
and the Consulting Engineer shall be paid therefore in accordance with Clause 6.1 of these
Conditions and this payment shall also include any appropriate reimbursements in
accordance with Clause 6.5 of these Conditions.

The Consulting Engineer shall carry out such further work and shall produce such further
designs, specifications, drawings and other documents as may be necessary to comply with
the Client’s instructions and the Consulting Engineer shall be paid therefore in accordance
with the Provisions of this Agreement.

Should there be a need to redesign part or parts of the project or Works due to a fault or
negligence of the Consulting Engineer, he shall perform the extra services to remedy the
fault at his own expense.

6.7 PAYMENT FOLLOWING TERMINATION OR SUSPENSION BY THE CLIENT

6.7.1 Upon a termination-or suspension by the Client in pursuance of Clause 5.2 and 5.3,
the Client shall pay to the Consulting Engineer the sum specified in (a), (b) and (c) below
less the amount of payments previously made to the Consulting Engineer under the terms
of this Agreement.

(a) A fair and reasonable proportion of the sum which would have been payable to the

Consulting Engineer under Clause 6 if no such termination or suspension has taken

place. In the assessment of such proportion, the services carried out by the Consulting

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Engineer up to date of termination or suspension and in pursuance with Clauses 5.2 and
5.3 shall be compared with reasonable assessment of the services which the Consulting
Engineer would have carried out but for the termination or suspension. In any case in
which it is necessary to assess the payments to be made to the Consulting Engineer in
accordance with this sub-clause by reference to the cost of the Works, then to the extent
that such cost is not

known the assessment shall be made upon the basis of the Consulting Engineer's best

estimates of cost.

(b) Amounts due to the Consulting Engineer under any other clauses of this Agreement

(c) A disruption charge equal to one-sixth of the difference between the sum of which
would

have been payable to the Consulting Engineer under Clause 6 but for the termination

or suspension, and the sum payable under (a).

6.7.2 Upon a termination or suspension by the Client in pursuance of Clauses 5.2 and 5.3,
the Client

shall pay to the Consulting Engineer the sums specified in (a) and (b) below.

(a) A fair and reasonable proportion of the sum which would have been payable to the

Consulting Engineer under Clause 6 in respect of the services affected if no such

termination 'or suspension had taken place. The proportion shall be calculated in
accordance with the provisions of Clause 6.7.1 (a): and

(b) A disruption charge, to be calculated in accordance with the provision of Clauses

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6.7.3 In any case in which the Client has required the Consulting Engineer to suspend
the carrying out of

the Consulting Engineer's duties in pursuance of Clauses 5.2 or 5.3 hereof, the Client may,
at any

time within the period of 12 months from the date of the Client's notice, require the
Consulting

Engineer in writing to resume the performance of such duties. In such event:

(a) the Consulting Engineer shall within a reasonable time of receipt by him of the Client's
said

requirement in writing resume the performance of his duties in accordance with this

Agreement, the payment made under Clause 6.7.1(a) or 6.7.1(b) as the case may be ranking

as payment on account towards the total sum payable to the Consulting Engineer under

Clause 6 but,

(b) notwithstanding such resumption, the Consulting Engineer shall be entitled to retain
or

receive as an additional payment due in accordance with this Agreement the disruption

charge referred to in Clause 6.7.1(c) or 6.7.2.(b) as the case may be.

6.7.4 If the Consulting Engineer shall need to perform any additional duties in
connection with the

resumption of his duties in accordance with Clause 5 the Client shall pay the Consulting

Engineer in respect of the performance of such additional duties in accordance with the
Scale of

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Charges set out in Clause 6 and any appropriate reimbursements in accordance with
Clause 6.5.

6.8 PAYMENT FOLLOWING TERMINATION BY THE CONSULTING ENGINEER

Upon a termination by the Consulting Engineer in pursuance of Clause 5.5 the Client shall
pay the

Consulting Engineer the sums specified in Clause 6.7.1(a) and (b) less the amount of
payments

previously made to the Consulting Engineer under the terms of this Agreement. Upon the
payment

of such sums, the Consulting Engineer shall deliver to the Client such completed
drawings,

specifications and other similar documents relevant to the Works as are in his possession.
The

Consulting Engineer shall be permitted to retain copies of any documents so delivered to

the Client.

The provisions of this Clause are without prejudice to any other rights and remedies which
the

Consulting Engineer may possess.

6.9 PAYMENTS FOR BILLS OF QUANTITIES

The following shall be charges to be made to the consulting engineer for bills of quantities

Taking out and preparing of bills of quantities

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New works – 2 ½ % of the cost of the works.

Existing works – 3 ½ % of the cost of the works.

Measuring and making up accounts of variations upon contracts, including pricing and
agreeing totals with contracts/subcontracts

3% of the gross amount of addition.

1 ½ of the gross amount of omission less the total of the provisional sums omitted or work
omitted as a whole.

Measuring from drawings and specifications and preparing bills of quantities of labour
only or materials only

The fee shall be double the forgoing rates.

Taking out and preparing bills of quantities or measuring for and making up accounts for
decoration contracts:- 2% above the rates of the foregoing paragraphs.

Pricing of bills of quantities:- 1/2% of the cost of the works.

Preparing approximate quantities and estimating upon the same:- ½ % of the cost of the
works.

Surveying work in progress, taking particulars and reporting for interim payments:-

½ % upon each valuation less the amount of any previous valuations upon which fees
shall have been paid.

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Taking particulars on site and writing specifications for works of alteration of repair:- 7
½ % of the cost of the works

Measuring from completed works and preparing bills of quantities:

3% of the cost of works.

Preparing a full cost analysis ½ % of the cost of the works.

Giving information to the quantity surveyor to enable him incorporate the engineering
services quantities in the main bills of quantities:- 1 ½ % of the cost of works.

Contested Invoices

If any part of any invoice submitted by the Consulting Engineer is contested, payment
shall be made in full of all that is not contested.

Time for Payment

All amounts due to the Consulting Engineer in accordance with this Agreement shall be
paid within 30 days of the date of the Consulting Engineer’s invoice. Interest shall be
added to all amounts remaining unpaid thereafter (including any amounts of any
contested invoices remaining unpaid under Clause 6.8 of these Conditions to the extent
that they or it shall subsequently be agreed or determined to have been due to the
Consulting Engineer). Interest shall be charged at the prevailing mean annual commercial
rate of lending plus one percent on all overdue payments.

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OWNERSHIP OF DOCUMENTS AND COPYRIGHT

7.1 Copyright

The copyright in all drawings, reports, specifications, bills of quantities, calculations and
other documents and information prepared by or on behalf of the Consulting Engineer in
connection with the Project or the Works for delivery to the Client shall remain vested
in the Consulting Engineer but, subject to the Consulting Engineer having received
payment of all fees and disbursements agreed as due under this Agreement, the Client
shall have a license to copy and use such drawings and other documents and information
for any purpose related to the Project or the Works including, but without limitation, the
construction, completion, maintenance, letting, promotion, advertisement,
refurbishment and repair of the Project or the Works as the case may be. Such licence
shall enable the Client to copy and use the drawings and other documents and information
for the extension of the Project or the Works but such use shall not include a license to
reproduce the designs contained therein for any extension of the Project or the Works.
Save as above, the Client shall not make copies of such drawings or other documents or
information nor shall he use the same in connection with any other works without the
prior written approval of the Consulting Engineer, which shall not unreasonably be
withheld, and upon such terms as may be agreed between the Client and the Consulting
Engineer.

The Consulting Engineer shall not be liable for use by any person of any drawings, reports,
specifications, or other documents or information for any purpose other than that for
which the same were prepared by or on behalf of the Consulting Engineer.

Publication by the Consulting Engineer

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The Consulting Engineer shall not, without the written consent of the Client, publish
alone or in conjunction with any other person any articles, photographs or other
illustrations relating to the Project.

The Consulting Engineer shall not disclose to any person any information provided by the
Client unless so authorized by the Client.

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8. INSURANCE FOR EQUIPMENT, LIABILITY AND PROFESSIONAL INDEMNITY

8.1 Insurance

Unless notice to the contrary is given in writing by the Client, the Consulting Engineer
shall, at the Client’s expense, take out and maintain, on terms and conditions approved by
the Client, insurance against loss or damage to equipment being used by the Consulting
Engineer for the project or the Works.

8.2 LIABILITY

Notwithstanding anything to the contrary contained elsewhere in these Conditions the

total liability of the Consulting Engineer, whether in contract or in tort, in negligence or
for breach of statutory duty or otherwise for any claim shall be limited to the total fees
received. The Consulting Engineer has no liability whatsoever for any part of the Works
not designed by him nor for any damage resulting from any act of the Client, the
Contractors or the suppliers which is not covered by the scope of services of the
Consulting Engineer.

8.3 Professional Indemnity Insurance

The Consulting Engineer shall maintain, at his own cost, reasonable professional liability
coverage for any one occurrence or series of occurrences arising out of this consultancy
engagement for the entire duration of the Project or Works, provided always that such
insurance is available at commercially reasonable rates. The Consulting Engineer shall
immediately inform the Client if such insurance ceases to be available on the terms
required by this Condition at commercially reasonable rates in order that the Client and
the Consulting Engineer can discuss means of best protecting the respective positions of
the Client and the Consulting Engineer in the absence of such insurance.

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DISPUTES AND DIFFERENCES

9.1 Mediation or Conciliation

The relationship between the parties to this Agreement is that of client and professional
adviser in which both parties recognize that the Project and the Works are most likely to
be successfully achieved if the Client and the Consulting Engineer co-operate fully. Every
effort shall be made by both parties to resolve any difference between them amicably but
if this appears impossible the parties shall seek the assistance of a Mediator or Conciliator
to attempt to resolve such difference as quickly and amicably as possible.

The parties shall not resort to adjudication or arbitration (save in the case where
arbitration arises out of the dissatisfaction of either party with any decision of an
Adjudicator) in accordance with these Conditions unless informal attempts to reach a
settlement by way of mediation under these Conditions have been unsuccessful.

If no settlement has been reached within six weeks of the first appointment of or attempt
to appoint a Mediator the mediation shall be deemed to have been unsuccessful.

If a difference should arise between the Consulting Engineer and the Client in connection
with or arising out of this Agreement and the mediation required under the terms of these
Conditions shall have been unsuccessful, it shall be deemed a dispute. Should such a
dispute arise prior to completion or alleged completion or abandonment of the Project or
the Works or determination of the appointment of the Consulting Engineer it shall be
settled in accordance with Clauses 9.2 and 9.3 of these Conditions.

9.2 Adjudication

The parties shall refer the dispute to an Adjudicator who shall be an independent person
to be agreed between the parties or, failing agreement, appointed at the request of either
party by the institution of engineers of Kenya. The Adjudicator shall act as an expert and

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be entitled to request either party to provide oral or written statements, documents and
information and shall fix the timetable for the provision of such statements, documents
and information and for the adjudication. He shall give written notice of his decision to
both parties within such period as may be agreed or, failing agreement, as determined by
the Adjudicator.

The decision of the Adjudicator shall be final and binding on both parties until completion
or alleged completion or abandonment of the Project or the Works or the determination
of the appointment of the Consulting Engineer as the case may be.

9.3 Arbitration

If a dispute should arise between the Consulting Engineer and the Client

following completion or alleged completion or abandonment of the Project or the Works

or the determination of the appointment of the Consulting Engineer or out of any
contested invoice or any determination of the appointment of the Consulting Engineer
under Clauses 5.4 or 5.5 of these Conditions or should either party be dissatisfied with any
decision of an Adjudicator, the dispute shall be referred to the arbitration of a person to
be agreed between the parties to act as arbitrator, or failing agreement within one month
of a Notice by either party to the other requesting agreement to an arbitrator appointed
by the Institution of Engineers of Kenya.

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9.4 Subsequent Proceedings

Records of evidence given and opinions expressed in mediation and adjudication

proceedings in respect of any difference or dispute in connection with the Project or the
Works shall not be admissible as evidence in any subsequent proceedings solely on the
grounds that they were included in such records. Nevertheless, facts once established and
agreed upon by the parties may be recorded and then accepted in later proceedings.

No person appointed as Mediator or Adjudicator in respect of any difference or dispute in

connection with the Project or the Works may be called to give witness thereon in any
subsequent proceedings.

10 NOTICES

Any Notice to be given by the Client under this Agreement shall be deemed to be duly
given if it is in writing and delivered by hand at or sent by courier to the Consulting
Engineer at the address of the Consulting Engineer as shown on the Memorandum of
Agreement. Any Notice to be given by the Consulting Engineer shall be deemed to be
duly given if it is in writing and delivered by hand at or sent by courier to the Client at
the address of the Client as shown on the Memorandum of Agreement.

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APPENDIX A: SERVICES OF THE CONSULTING ENGINEER

This Appendix describes broadly the services to be performed by the Consulting Engineer
at all stages of the Project or Works. These services shall comprise Normal Services and,
as required, Additional Services as described below:

1 NORMAL SERVICES

The Normal Services to be provided by the Consulting Engineer at each stage shall
comprise all or any of the following as may be necessary in the particular case:-

1.1 Design Stage 1 (Preliminary or Sketch Plan Stage)

Visiting the site and investigating any reasonably accessible data and information relevant
to the Project and particular Works, and considering any reports relating to the Project or
Works;

Advising the Client on the need to carry out any further investigations and surveys under
the Consulting Engineer’s direction which may be necessary to supplement the
information already available and arranging for such investigations and surveys after
authorization by the Client.

Advising the Client on the need for arrangements to be made for the carrying out of special
surveys, special investigations or model tests, and advising the Client of the results of any
such surveys, investigations or tests carried out.

Consulting any local or other approving authorities, service and utility providers on
matters of principle in connection with design of the Project or Works.

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Analyzing and evaluating alternative design concepts, project location, methods of
operations, socio-economic conditions and similar matters in order to establish principal
features that determine design requirements and specifications.

Preparing such reports and documents (including sketch drawings, outline calculations
and specification notes, where necessary) as are reasonably necessary to enable the Client
to consider and approve the Consulting Engineer’s design proposals in the light of the
investigations carried out at this stage.

Advising the Client on the financial aspect of the Project or Works.

Design Stage II (Detail Design and Tender Documentation Stage)

Developing detail design of the approved scheme design of the Works and preparing
calculations, drawings, and any specifications needed for submission to appropriate
approving authorities.

Advising on the conditions of contract relevant to the Works and forms of tender and
invitations to tender as they relate to the Works.

Preparing tender documents, including conditions of contract, drawings, specifications,

schedules and bills of quantities , that are necessary to enable the Client to obtain tenders
or otherwise award a contract for carrying out the works.

Preparing any further designs, specifications and production drawings necessary for the
information of the Contractor to enable him to carry out the Works.

Examining shop fabrication drawings prepared by Contractors or his sub-contractors or

suppliers for the Works, or any part thereof, in respect of general dimensions and
structural adequacy of members and connections.

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1.3 Tender Stage

Advising the Client on the technical suitability for carrying out the Works of persons and
firms tendering for the main contract and for any specialist sub-contract involving the
supply and/or installation of parts of the Works.

Advising the Client on the relative merits of tenders, prices and estimates received for
carrying out the Works.

Advising on and preparing the formal contract documents relating to accepted tenders for
carrying out the Works or any part thereof.

1.4 Construction or Installation Stage

The Consulting Engineer shall not accept any tender in respect of the Works unless the
Client gives him instructions in writing to do so, and any acceptance so made by the
Consulting Engineer on the instructions of the Client shall be on behalf of the Client.
After the award of the Works contract by the Client, the Consulting Engineer shall then
proceed to render his services as follows:-

Inspecting and testing during manufacture and installation of electrical and mechanical
materials, machinery and plant supplied for incorporation in the Works and arranging
and witnessing acceptance tests.

Advising the Client on the need for special inspection or testing in addition to or other
than that referred to in Clause 1.4 (a) above.

Advising the Client on the appointment of site supervisory staff

Examining and approving the Contractor’s construction proposals, working drawings and
programmes relating to the works.

Preparing additional or revised designs and drawings for the works as may be necessary.

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Attending relevant site meetings and making such other periodic visits to the site as the
Consulting Engineer shall consider necessary to ensure that the Works are being executed
generally in accordance with the contract drawings and specifications and otherwise in
accordance with good engineering practice. The frequency of site visits shall depend on
the performance of the Contractor and the site staff, if any, appointed by the Consulting
Engineer. It is recommended that such visits be held at least once a month, provided that
if the need for more frequent visits arises because the Client has not provided for
engagement of site staff as recommended by the Consulting Engineer, these additional site
visits shall be considered as Additional Services. The presence of the Consulting Engineer,
his employees, agents or any site staff appointed pursuant to Clause 4 of the Conditions of
Contract, on site shall not relieve the Contractor of his responsibility for the correctness
of the materials and methods used by the Contractor, nor for the safety of the Works or
any temporary works during the course of the construction.

Giving all necessary instructions to the contractor, provided that the Consulting Engineer
shall not without the prior approval of the Client give any instructions which in the
opinion of the Consulting Engineer are likely substantially to increase the cost of the
Works unless it is not in the circumstances practicable for the Consulting Engineer to
obtain such prior approval.

Preparing interim valuations and issuing certificates for payment to the Contractor as are
required in the construction contract.

Approving and supervising the Contractor’s commissioning procedures and performance

tests, and inspecting the Works on completion.

Performing services that may be required to approve the contractor’s work during defects
liability period.

Performing any other services which the Consulting Engineer may be required to carry
out under the contract for the execution of the Works.

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Delivering to the Client on completion of the Works copies of design and construction
drawings, as-built drawings, Contractor’s operating instructions, manufacturer’s manuals,
certificate of works tests and any other documents supplied to the Contractor for the
purpose of constructing the Works and all records as are reasonably necessary to enable
the Client to operate and maintain the Works.

Deciding any dispute or difference which may arise between the Client and the
Contractor in connection with the works and submitted to the Consulting Engineer for
his decision, provided that this professional service shall not extend to advising the Client
following the taking of any step in or towards any arbitration or litigation in connection
with the Works.

General

Without prejudice to the preceding provisions of this clause, the Consulting Engineer shall
from time to time as may be necessary advise the Client as to the need for the Client to be
provided with additional services in accordance with Clause 2 of this Appendix.

2 ADDITIONAL SERVICES

As services additional to those specified in Clause 1 of this Appendix the Consulting

Engineer shall, if agreed with the Client, provide any of the services specified in Clause
2.2 of this Appendix and provide or take all reasonable steps to arrange for the provision
by others of any of the services specified in Clause 2.3 of this Appendix.

Additional services provided by the Consulting Engineer

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a) Preparing any report or additional contract documents required for consideration of
proposals for the carrying out of alternative Works.

b) Carrying out work in connection with any application by the Client for any order,
sanction, license, permit or other consent, approval or authorization necessary to enable
the Works to proceed.

c) Carrying out work arising from the failure of the Client to award a contract in due time.

d) Providing or carrying out special cost investigations, detailed valuations or cost

analyses for cost planning purposes.

e) Preparing details of shop fabrication of structural steelwork, ductwork, metal, timber

or plastic frameworks or other specialist supplied components.

f) Carrying out surveys of existing works or installations or checking and advising upon
any other part of the Project not designed by the Consulting Engineer.

g) Carrying out work consequent upon any assignment of a contract by the Contractor or
upon the failure of the Contractor properly to perform any contract or upon delay by the
Client in fulfilling his obligation or in taking any other step necessary for the due
performance of the Works.

h) Making visits to the site in addition to those needed for basic representation of the
Client on site as provided for in Clause 1.4 of this Appendix.

i) Advising the Client and carrying out work following the taking of any step in or
towards any litigation or arbitration relating to the Works.

j) Negotiating any contract or sub-contract with a Contractor selected otherwise than by

competitive tendering, including checking and agreeing quantities and net costs of
materials

and labour, arithmetical checking and agreeing added percentages to cover overheads and

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profit.

k) Checking and advising upon any part of the Project not designed by the Consulting

Engineer.

l) Inspecting or witnessing the testing of materials or machinery during manufacture and

carryingout commissioning procedures or performance tests.

m) Providing manuals and other documents describing design, operation and maintenance
of

the Works.

n) Carrying out such other additional services if any, as are specified in Article 5 of the

Memorandum of Agreement or other special procedures required by the Client or the

Architect.

2.3 Services provided by Other Specialists

a) Specialist technical advice on any aspect of the Works.

b) Architectural, legal, financial and other professional services.

c) Services in connection with the funding, valuation, purchase, sale, leasing or letting of
the Project or lands including all necessary liaison with legal and financial advisors,
consultants, surveyors etc. including the obtaining of way-leaves.

d) Investigation of the nature and strength of existing works and the making of model
tests or special investigations.

e) The surveying of sites or existing works.

f) Any other specialist services that may be required

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2.4 The Consulting Engineer shall obtain the prior agreement of the Client to the
arrangements which he proposes to make as agent for the Client for the provision of any
of the services specified in Clause 2.3 of this Appendix. The Client shall be responsible to
any person or persons providing such services for cost thereof. The Consulting Engineer
shall have no liability whatsoever for such services.

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APPENDIX B: EBK SCALE OF FEES FOR CONSULTING ENGINEERS

1. BASIS OF FEE CALCULATIONS

1.1 Time Charges
1.1.1 When the project cost cannot be estimated in advance, a suitable charging mechanism is a
time charge for staff actually employed on the project. The standardized rates are tabulated
in Table 1 titled Rates for Payment on Time Basis. This table shall be subject to revision
from time to time subject to changes in consumer price index, inflation and currency
devaluation.
The rates have been most conveniently calculated by applying a multiplier, which covers
overheads and profit, to the remuneration cost and then adding the net amount of other
payroll costs.

The major part of the multiplier is attributable to the Consulting Engineer’s overheads,
which may include, among other things the following indirect costs and expenses:

Rent and other expenses of upkeep of his office, its furnishing, equipment and supplies;

Insurance premiums other than those recovered in the payroll costs;

Administrative, accounting, secretarial and financing costs;

The expense of keeping abreast of advances in engineering and continuing professional

development;

The expense of preliminary arrangements for new or prospective projects;

Loss of productive time of technical staff between assignments.

1.1.2 When calculating amount chargeable on a time basis, a Consulting Engineer is

entitled to include recoverable expenses plus 10% top up for all expenses incurred by the
firm, on behalf of the Client, in rendering their services in connection with the
performance of the services.

1.1.3 The Consulting Engineer shall also recover the following expenses:

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Traveling expenses for the conveyance of the Consulting Engineer or his staff members;

Traveling time on the basis of rate set out in Table 1 for time spent on traveling in
connection with the works. The maximum chargeable time shall be 8 hours a day.

Accommodation and subsistence allowance incurred by the Consulting Engineer or his

staff members

Agreed cost of lithography when preparing the project documents such as drawings,
contract documents, reports tender documents and manuals, excluding general
correspondences and contractual reports

1.1.4 Alternatively, a lump sum or percentage of cost of works may be agreed upon
for any or all of the above expenses.

1.1.5 The time spent by secretarial staff or by staff engaged on general accountancy or
administration duties in the Consulting Engineer’s office is not chargeable unless otherwise
agreed.
1.1.6 The Engineers Board of Kenya (EBK) recommends the use of time-based charges for studies,
advisory services, consultations, and the Additional Services described in Appendix A of
the Conditions of Engagement.
Table 1 – Rates for Payment on Time-Basis

POSITION RATES IN (KShs.)

HOURLY DAILY MONTHLY

Level A - 10,800- 64,800- 1,080,000-

(Specialist) 13,500 81,000 1,350,000

Level B – 9.000- 54,000- 900,000-

(Principal) 12,000 72,000 1,200,000

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Level C – 6,500- 42,000- 700,000–
(Senior 9.000 54,000 900,000
Engineer)

Level D – 4,500- 33,000- 550,000–

(Engineer) 6,500 42,000 700,000

Level E – 3,000- 21,000- 350,000–

(Graduate 4,500 27,000 450,000
Engineer)/
(Senior
Technician)

Level F – 2,000- 15,000- 250,000–

(Technician) 3,000 21,000 350,000

Level G – 1,350- 9,000- 150,000–

(Technical 2,000 15,000 250,000
Assistant) /
Secretary

Notes for Table 1:

These rates shall be reviewed from time to time depending on the behavior of the
consumer index, inflation rate and currency devaluation.

The daily rates are based on hourly rates multiplied by 6 Working Hours, while the
monthly rates are based on the hourly rate multiplied by 100 Working Hours.

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Specialist shall mean a Consulting Practitioner/Engineer with specific skills and minimum
experience of fifteen (15) years, whose expertise and relevant experience is considered to
be exceptional and is recognized as that of an expert, in a particular field.

Principal shall mean a Director, a Partner or an Associate in the firm registered by EBK as
a Professional Engineer and having a minimum experience of twelve (12) years from the
date of registration.

Senior Engineer shall be a professional engineer registered as such by EBK, and having a
minimum experience of Ten (10) years from the date of registration.

Engineer shall be a professional engineer registered as such by EBK, and having Not less
than Seven (7) years experience from the date of graduation.

Graduate Engineer shall be a Graduate Engineer registered as such by EBK.

Senior Technician shall be a HND holder from a recognized College and has had a
minimum experience of ten years from the date of graduation.

Technician shall be a HND holder from a recognized College whose experience is less than
ten years from the date of graduation.

Technical Assistant shall be an Ordinary Diploma holder from a recognized College with
a minimum experience of five years from the date of graduation.

The rates are applicable for the infrastructure works, building works or any other works.

The rates are exclusive of Value Added Tax.

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1.2 Lump Sum Fees
Lump sums, which may be broken down into components applicable to particular duties or
stages of work, have the advantage that they are decided in advance by negotiation or
tender and are then firm. It is not possible to provide guidance for Clients on likely lump
sums, but comparison with fees calculated by the percentage method will give an indication
of appropriate levels. Lump sums will inevitably incorporate an allowance for the
additional risk involved in making such arrangements.
As mentioned above, lump sum fees may be arrived at after going through the whole process
of normal competitive bidding, and finally agreeing on a firm figure, that has taken into
account all the cost elements of the project. This is suitable where the full extent of the
services can be determined, and it enables the client to know his budgetary commitments
in advance.

1.3 Percentage Fees

These fees are calculated as agreed percentages of the cost of the project or cost of the works,
and apply to the Normal Services described in Appendix A of the Conditions of
Engagement. The amount paid therefore varies with changes in the construction cost.
There are different ways of arranging fees and interim payments. The most usual is to base
the fee on the final cost of the project or works, and to invoice interim accounts on estimates
of what that cost will be. Sometimes, however, it is decided to have different percentages
of the estimated or actual costs at different stages of work. The Conditions of Engagement
should include provisions for variations of such methods.
The standardized Percentage Fees rates are tabulated in Tables 2 - 3 below. These tables
shall be subject to revision from time to time based on changes in consumer price index,
inflation and currency fluctuation

The rates in Table 2 are applicable for the infrastructure works, building works or any
other works while those in Table 3 are applicable for works in buildings only.

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Table 2: Percentage charges on the basis of cost of works for Civil, Structural, Electrical,
Mechanical, Engineering Systems and ICT

Cost of Works in Minimum Fees as % of Cost of

KSHS. Works

New Works Existing

Works

20,000,000 and below 10.00 12.00

From 20,000,000 to 8.50 10.00

40,000,000

From 40,000,000 to 7.50 9.75

80,000,000

From 80,000,000 to 7.00 8.75

160,000,000

From 160,000,000 to 6.50 7.75

240,000,00

From 240,000,000 to 6.00 7.10

320,000,000

From 320,000,000 to 5.50 6.60

400,000,000

From 400,000,000 to 5.00 6.20

480,000,000

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From 480,000,000 to 4.80 5.90
640,000,000

From 640,000,000 to 4.60 5.50

800,000,000

From 800,000,000 to 4.40 5.20

1,200,000,000

From 1,200,000,000 4.30 5.10

to 1,600,000,000

From 1,600,000,000 4.20 5.05

to 2,000,000,000

Over 2,000,000,000 4.10 5.00

Notes for Table 2

i) These rates have been set on the basis of current practices in other countries, and
based on the experience gained over the years in the local engineering consultancy
industry..
ii) The traveling time charge is additional to this fee.
iii) Cost of works means the cost of that particular element (field) of the project,
including the respective proportion of preliminary and general items and Value
Added Tax.
iv) The rates are applicable for either the infrastructure works, building works or any
other works.
v) The rates are exclusive of Value Added Tax.
vi) The maximum fee as % of cost of works shall be not more than 15% of the minimum
charges in table 2 above.

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Table 3: Percentage Charges on the Basis of Cost of Project for Engineering Fields in
Buildings

SERVICE % CHARGE ON COST OF PROJECT

CIVIL 0.5% to 1.0%

STRUCTURAL 3.0% to 4.5%

MECHANICAL 1.5% to 2.0%

ELECTRICAL 1.5% to 2.0%

ENGINEERING SYSTEMS 1.0% to 1.5%

Notes for Table 3

i) This table applies to building projects for which normally the team leader is an Architect
and not an Engineer. The Consulting Engineer is thus a member of the project team.
Where the Consulting Engineer is appointed as the Lead Consultant, an additional fee
equivalent to 1.0% of cost of project shall apply.
ii) Lower range should be applied for projects with value of more than KSHS.
1,600,000,000 and the higher range of projects of less than KSHS. 1,600,000,000.
However, where the work is complex, the higher rate should apply irrespective of the
cost of the project.
iii) Engineering Systems refers to any engineering services, which are outside the direct
ambit of the conventional civil, mechanical, and electrical services, such services as but
not limited to, Lifts, Escalators and other transportation systems in buildings; security
systems, access control, structured cablings and other ICT systems, Video Conferencing,
public address systems, conferencing systems and other telecommunication systems;
generators, solar and other renewable energy sources and air cleaners.
iv) Repetition Works (Design only) on same location:
First unit 100%

Subsequent units 70%

Supervision (full) (100%)

v) The traveling time charge is additional to this fee.

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vi) Cost of project means all costs involving cost of all elements (fields) of the project,
inclusive of Value Added Tax.
vii) The rates are applicable for works in buildings only.
viii) The rates are exclusive of Value Added Tax.

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2. STAGES OF PAYMENT OF FEES
The proportions of the total fees for the works to be paid to the consulting engineer against
the relevant stages of professional services shall be as shown in Table 4.
Unless otherwise specified or mutually agreed beforehand between the client and the
consulting engineer, the fee apportioned to each stage shall be paid in full.
Table 4: Stages of Payment of Fees

Item Stage of Work Fee Payable

1 Design Stage (Preliminary & Sketch 30%

Design)

2 Design Stage (Detailed Design) 40%

3 Tender Stage 5%

4 Construction Stage / Installation 25%

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APPENDIX C: REIMBURSABLE EXPENSES

TABLE 4: PHOTOCOPYING AND BINDING

NO. OF NUMBER OF ORIGINALS SPIRA

COPIES L
1- 51- 20 OV
REQUIR BINDI
50 20 1- ER
ED NG
0 50 500
0

1-20 KS KS KS KSH KSH

H. H. H. . 60.00
4.0 4.0 4.0 4.00
0 0 0

21-50 KS KS KS KSH KSH

H. H. H. . 80.00
4.0 4.0 4.0 4.00
0 0 0

51-100 KS KS KS KSH KSH

H. H. H. . 150.00
4.0 4.0 4.0 4.00
0 0 0

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101-250 KS KS KS KSH KSH
H. H. H. . 200.00
3.0 3.0 3.0 3.00
0 0 0

251-500 KS KS KS KSH KSH

H. H. H. . 550.00
3.0 3.0 3.0 3.00
0 0 0

NOTES FOR TABLE 4

The rates are exclusive of Value Added Tax

The rates are for each copy.

Typing charges shall be payable at KSH 80.00 per page.

Cost of binding over 500 pages shall be against production of receipts.

Cost of other binding other than spiral shall be against production of receipts.

TABLE 5: PLOTTING OF DRAWINGS

SIZE BLACK TRACING COLOUR

AND
FULL LINE
WHITE
WEIGHT

A4 KSH. KSH. KSH. KSH.

30.00 35.00 110.00 40.00

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A4 KSH. KSH. KSH. KSH.
50.00 55.00 210.00 60.00

A2 KSH. KSH. KSH. KSH.

90.00 95.00 410.00 110.00

A1 KSH. KSH. KSH. KSH.

170.00 180.00 810.00 210.00

B1 KSH. KSH. KSH. KSH.

210.00 260.00 1410.00 310.00

A0 KSH. KSH. KSH. KSH.

310.00 360.00 1600.00 410.00

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NOTES ON TABLE 5:

The rates are exclusive of value added tax.

The rates are for each drawing.

TABLE 6: PRINTING OF DRAWINGS

SIZE AMMONIA OPAQUE LINEN VELLO

PAPER CLOTH

A4 KSH. 30.00 KSH. 250.00 KSH. 300.00

A3 KSH. 50.00 KSH. 450.00 KSH. 400.00

A2 KSH. 60.00 KSH. 800.00 KSH. 500.00

A1 KSH. 110.00 KSH. 1600.00 KSH. 850.00

A0 KSH. 210.00 KSH. 3500.00 KSH. 1600.00

NOTES FOR TABLE 6

The rates are exclusive of the value added tax.

The rates are for each drawing.

DISBURSEMENTS

Expenses incurred in respect to advertising for tenders, site staff and the time and expenses
for interviews shall be reimbursed.

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Expenses incurred on local authority inspection or other similar charges shall be
reimbursed.

Any other payments made on behalf and with approval of the chart shall be reimbursed.

Fees or any other charges which arise from specialist’s professional advice which have
been incurred by the consultant with the authority of the client shall be reimbursed.

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