ADVOKS GLOBAL · KENYA
Engineers Act
53. Complaints and disciplinary proceedings by the Board
Edition: 2022-12-31 · In force
53. Complaints and disciplinary proceedings by the Board
(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.(2)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.(3)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.(4)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.(5)Subject to this section and rules of procedure made under this Act, the Board may regulate its own procedure in disciplinary proceedings.(6)Where the Board is satisfied that any person registered or licensed under this Act has been—(a)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 dishonored him in the public estimation; or(b)guilty of negligence or malpractice in respect of his profession; or(c)guilty of impropriety or misconduct in respect of his profession, the Board may, subject to subsection (10)—(i)direct the removal of such person's name from the Register;(ii)issue a written warning or reprimand;(iii)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.(7)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.(8)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.(9)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.(10)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.(11)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(c)it has provided the licensee with an opportunity to make representation to the Board.