The objectives of this paper are to: evaluate the regulatory objectives of the EBK; explain the significance of the EBK in the realization of the national and international development goals (government’s constitutional obligations, Vision 2030, Big $ Agenda SDGs etc.); examine the extent to which institutional structures of the EBK positively/negatively contribute to the fulfilment of its mandate; examine how EBK’s legal mandate overlaps with other institutions and what challenges or strengths this poses for the fulfilment of its regulatory objectives; identify the challenges facing the EBK and the necessary regulatory adjustments necessary in view of the regulatory objectives identified in 1 and 2; provide a way forward based on a determination of whether the challenges identified emerge from the EBK’s institutional, statutory, or regulatory structure.
Developed by the Organization for Economic Cooperation and Development (OECD), Regulatory Impact Analysis (RIA) is a process of systematically identifying and assessing the potential (ex–ante stage) or already created (ex–post stage) consequences – benefits, costs and effects – of a policy or a regulation. Using RIA, one can conduct a systemic analysis of the possible changes that result from the adoption of normative legal acts. RIA aims to support the decision-making process regarding the fate of a new or existing regulation, its positive and negative effects, and whether the regulation is likely to achieve the desired objectives. There is no “one size fits all” when it comes to the application of RIA. The same is also relevant for a RIA methodology. Cost-Benefit Analysis (CBA) is one methodology that has been applied successfully but the complexity of the methodology varies across countries and even within countries. Other methodologies include comparing positive and negative impacts, qualitative and quantitative methods, multi-criteria analysis, partial and general equilibrium analysis, as well as assessing direct and indirect effects. The RIA methodology must first suit the objective of RIA as well as the administrative context and capacity.
Table of Contents
1. Regulatory Impact Analysis of the Engineers Act (No. 43 of 2011)
Objectives and Topics
This paper aims to evaluate the regulatory performance of the Engineers Board of Kenya (EBK) by assessing its functions under the Engineers Act 2011, identifying institutional and statutory challenges, and analyzing the board's role in realizing Kenya's national development goals like Vision 2030 and the Big Four Agenda.
- Regulatory impact analysis of the Engineers Act 2011.
- Evaluation of the Engineers Board of Kenya (EBK) and its regulatory objectives.
- Analysis of the intersection between engineering regulation and constitutional rights.
- Institutional conflicts regarding curriculum accreditation and university oversight.
- Performance assessment of the EBK based on its statutory functions and powers.
Excerpt from the Book
Regulatory Impact Analysis of the Engineers Act (No. 43 of 2011)
Developed by the Organization for Economic Cooperation and Development (OECD), Regulatory Impact Analysis (RIA) is a process of systematically identifying and assessing the potential (ex–ante stage) or already created (ex–post stage) consequences – benefits, costs and effects – of a policy or a regulation. Using RIA, one can conduct a systemic analysis of the possible changes that result from the adoption of normative legal acts. RIA aims to support the decision-making process regarding the fate of a new or existing regulation, its positive and negative effects, and whether the regulation is likely to achieve the desired objectives.
There is no “one size fits all” when it comes to the application of RIA. The same is also relevant for a RIA methodology. Cost-Benefit Analysis (CBA) is one methodology that has been applied successfully but the complexity of the methodology varies across countries and even within countries. Other methodologies include comparing positive and negative impacts, qualitative and quantitative methods, multi-criteria analysis, partial and general equilibrium analysis, as well as assessing direct and indirect effects. The RIA methodology must first suit the objective of RIA as well as the administrative context and capacity.
Summary of Chapters
Regulatory Impact Analysis of the Engineers Act (No. 43 of 2011): This chapter introduces the theoretical framework of Regulatory Impact Analysis and evaluates the Engineers Board of Kenya's mandate, institutional challenges, and its critical role in facilitating national development goals such as Vision 2030 and the Big Four Agenda.
Keywords
Engineers Act 2011, Engineers Board of Kenya, Regulatory Impact Analysis, Kenya Vision 2030, Big Four Agenda, Professional Engineering Services, Accreditation, Engineering Regulation, Public Policy, Constitutional Obligations, Engineering Ethics, Statutory Mandate, Infrastructure Development, Sustainable Development Goals, Institutional Performance
Frequently Asked Questions
What is the primary focus of this paper?
The paper focuses on conducting a Regulatory Impact Analysis of the Engineers Act (No. 43 of 2011) to evaluate how effectively the Engineers Board of Kenya fulfills its statutory mandate.
What are the central themes of the work?
Key themes include the role of professional engineering in national development, the legal challenges surrounding the accreditation of engineering programs, and the institutional effectiveness of the EBK.
What is the core objective of the research?
The objective is to identify challenges facing the EBK, evaluate its performance against its legal functions, and propose regulatory adjustments to better align its activities with Kenya’s development goals.
Which methodology does the author employ?
The author uses a scorecard methodology based on the functions and powers outlined in section 7 of the Engineers Act 2011 to objectively rank the performance of the board.
What does the main body of the work cover?
The main body examines the legal definition of engineering, the impact of engineers on constitutional rights, institutional conflicts between the EBK and university education regulators, and a critical performance assessment of the board.
Which keywords best characterize this research?
The research is characterized by terms such as Engineers Act, Regulatory Impact Analysis, EBK performance, infrastructure development, and statutory mandate.
How does the EBK's performance score correlate with national development?
The author argues that the board's below-average score of 46% represents a significant failure when considering the importance of engineering in the successful implementation of multi-trillion-shilling national projects.
What specific legal conflict is highlighted in the text?
The text highlights the jurisdictional conflict between the Engineers Board of Kenya and the Commission for University Education regarding the accreditation of engineering curricula in Kenyan universities.
What recommendation does the author make for the EBK?
The author recommends that the government amend the Engineers Act to scrap non-functional sub-sections and enforce others through new subsidiary legislation or strict adherence to strategic plans.
How did the COVID-19 pandemic affect this research?
The pandemic prevented the author from conducting in-person interviews with representatives of the parastatal, which was part of the original assignment to gather a more comprehensive perspective.
- Arbeit zitieren
- B W Namano (Autor:in), 2020, The Engineers Act of Kenya 2011. A regulatory analysis of the impact on institutional structures, München, GRIN Verlag, https://www.grin.com/document/935795
