Court Upholds KeNHA Rule on Engineering Technologists for Road Jobs

A court has upheld the Kenya National Highways Authority requirement that applicants for road engineer positions be registered with the Engineers Board of Kenya. The decision deals a setback to engineering technologists seeking access to these roles.

The Employment and Labour Relations Court dismissed a petition by the Institution of Engineering Technology of Kenya. The case had stalled recruitment for 27 Engineer (Roads) positions advertised by KeNHA late last year.

The judge ruled that engineers and engineering technologists are distinct professions. They operate under separate laws, training frameworks and regulatory systems.

Engineers are defined as creators, designers and developers. Engineering technologists are implementors of technology education. The distinction affects hiring criteria for public infrastructure projects.

The contested vacancies required engineering degrees and registration as graduate engineers with the Engineers Board of Kenya. The Institution of Engineering Technology of Kenya argued this locked out its members registered with the Kenya Engineering Technologists Registration Board.

KeNHA defended the criteria as consistent with career progression guidelines approved by the Public Service Commission. The authority argued that road engineers handle design, feasibility studies, quality assurance and professional decision-making.

Engineering technologists perform more applied, technical and support roles. The two streams follow different academic pathways and occupy separate career structures within the organisation.

The Engineers Board of Kenya supported KeNHA’s position. It maintained that only persons registered under the Engineers Act can practise as engineers or offer professional engineering services.

The court found the advertisement lawful and consistent with human resource instruments. It lifted orders that had frozen the recruitment process.

The ruling comes amid ongoing disputes over professional boundaries in the engineering sector. Similar petitions challenge requirements tying engineering jobs to Engineers Board of Kenya registration.

Road projects under KeNHA require clear delineation of roles to ensure quality and safety in infrastructure delivery. The decision reinforces existing hiring practices for technical positions on national highways.

Engineering technologists have other avenues within the public service. Separate career streams exist for their qualifications and functions.

The case highlights tensions in the sector as Kenya expands its road and infrastructure network. Clear professional boundaries help maintain standards on major construction projects.