Court overrules decision not to register graduate engineers
12 November 2012, 13:24
The High Court has overruled a move to lock out graduate engineers from the prestigious Engineers Board.
The court ordered the Engineers Registration Board (ERB) to consider fresh graduates who graduated on 14th of September 2012.
The court ruling will see new graduates from Masinde Muliro University of Science and Technology (MMUST) and Egerton University graduates apply for registration to be part of the board, hence broadening their job prospects.
The board had previously refused to register graduates from the two varsities arguing that they are not to accredited to offer engineering courses.
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 (CHE) has the legal mandate to accredit courses offered by institutions of higher learning.
However, he added that the commission has the power over private universities, it cannot question programmes offered by public universities which have senates that approve the courses.
The judge ruled that within two weeks of the judgment, the Board should prominently publish in at least two newspapers of national circulation, an advertisement, an invite for 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 for consideration free of any charge.
Further, the registration body according to the court ruling will have to pay KES 200,000 as damages to each petitioner, and 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 the sum carries an interest at a rate of 12% per annum from the date of judgment.
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