Fwd: FW: Court overrules decision by Engineers Registration Board not to register graduate engineers

[Anthony Mwanzia]

---------- Forwarded message ----------
From: timothy kemboi <timk...@yahoo.com>
Date: Tue, 6 Nov 2012 08:34:35 -0800 (PST)
Subject: FW: Court overrules decision by Engineers Registration Board
not to register graduate engineers
To: jobg...@yahoo.com, jobg...@gmail.com, jumaa...@yahoo.com
Cc: jumaa...@gmail.com






----Forwarded Message----
From: in...@owuor.co.ke
To: in...@owuor.co.ke
Sent: Mon, Oct 29, 2012 14:30 IST (Israel)
Subject: Court overrules decision by Engineers Registration Board not
to register graduate engineers

Court overrules decision by Engineers Registration Board not to register
graduate engineers



The High Court of Kenya on 15th October 2012 ordered the Engineers
Registration Board to register graduate engineers who graduated with
engineering degrees from any public university prior to 14th September 2012.



At the centre of the controversy were two issues: the independence of public
universities in designing syllabi and the role of professional bodies in
training.



The industry regulator had refused to register graduates from Masinde Muliro
University of Science and Technology and Egerton University, severely
limiting their job prospects. In declining to register the graduates, the
board said the universities were not accredited to offer engineering
courses.



But Justice David Majanja ruled that the board did not have the power to
dictate courses taught by public universities, which are independent
statutory bodies. He stated that only the Commission of Higher Education is
the body that is legally mandated to accredit courses offered by
institutions of higher learning.



However, although the commission has power over private universities, it
cannot question programmes offered by public universities which have senates
that approve the courses.



Thus, public universities are left to their own devices when it comes to
development of curricula.



The judge ruled that within fourteen days of the judgment, the Engineers
Registration Board shall publish in at least two newspapers of national
circulation and in a prominent manner, an advertisement, a copy of this
decree and shall invite applications from any person eligible to be
considered under Section 11(1)(b) of the Engineers Registration Act and
graduating with an engineering degree from Egerton University, Masinde
Muliro University of Science and Technology and any other Kenyan public
university prior to 14th September 2012 for consideration as graduate
engineers and the applications lodged with the Board free of any charge.



Moreover, the Engineers Registration Board was ordered to pay general
damages assessed at Kshs. 200,000.00 to each petitioner and every
Engineering graduate from Egerton University, Masinde Muliro University of
Science and Technology and any other Kenyan public university graduating at
least three years prior to the commencement of the Engineers Act, 2011. The
said sum carries an interest at a rate of 12% per annum from the date of
judgment.



The judge further ruled that the Engineers Registration had violated the
petitioners' right to fair administrative action protected by Article 47(1)
of the Constitution and the petitioners right to human dignity protected by
Article 28 of the Constitution as read with Article 55(a) and (c) of the
Constitution.



Isaac Owuor is a lawyer in Kenya. For further information contact me on
+254-716-885116








--
Regards,
Mwanzia Anthony.