Engineering Courses Must Have Engineers Board Approval, Court Instructs CUE
The Commission for University Education (CUE) in Kenya will now be required to obtain the consent of the Engineers Board of Kenya before it can approve and accredit engineering courses offered by universities.
This directive was issued by High Court Judge Lawrence Mugambi, who ordered that the CUE must cease accrediting or approving engineering programs without prior consultation with the Engineers Board.
The ruling was made on August 12, following a class-action lawsuit initiated by two engineering students from Egerton University, Ian Nyagah and Henry Mulyungi.
The students, representing a group of 55, sought legal recourse after failing to secure registration with the Engineers Board of Kenya.
Background of the Case
The lawsuit challenged several parties, including Egerton University, the CUE, the Engineers Board of Kenya, and the Education Cabinet Secretary.
The petitioners, who had pursued degrees in Water and Environmental Engineering, Instrumental and Control Engineering, and Manufacturing Engineering and Technology, claimed that Egerton University had offered these courses without obtaining proper accreditation.
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According to the students, the failure to register them for these unaccredited courses had hindered their ability to pursue professional careers in engineering.
They further alleged that Egerton University continued to offer these courses for six years despite knowing that they lacked accreditation.
The students also criticized the CUE, the Ministry of Education, and the Engineers Board for their failure to intervene and rectify the situation.
The petitioners argued that the absence of accreditation prevented them from securing professional employment or practicing as engineers in both the public and private sectors. As a result, they were unable to join the engineering profession in Kenya.
Egerton University’s Response
In response, Egerton University’s Vice Chancellor, Prof Isaac Kibwage, contended that the university’s Senate was not legally obligated to seek approval from the Engineers Board when developing engineering programs.
He explained that the courses in question were developed in 1999 under the now-repealed Section 14(2) of the Egerton University Act.
The students were admitted and graduated in accordance with the law at that time. Prof Kibwage also committed to revising the curricula to align with the current accreditation guidelines.
Justice Mugambi emphasized the importance of collaborative efforts between universities and the Engineers Board in establishing educational standards.
He clarified that while universities retain the academic freedom to develop programs, they must work closely with the CUE and secure the Engineers Board’s approval for accrediting engineering courses.
This requirement aligns with the Engineering Act’s mandate to maintain engineering standards.
The judge noted that the legal mandates outlined in the Engineering Act assign the responsibility for accrediting engineering programs in universities and tertiary institutions to the Engineers Board, ensuring that engineering standards are upheld.
Court Orders and Remedies
The court ordered Egerton University to provide remedial courses for the affected students, with the university bearing the associated costs.
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The Engineers Board recommended the remedial program, which is to commence within the next three months.
However, the court declined to award compensation or damages to the petitioners, citing a lack of sufficient evidence to support claims of discrimination and rights violations.
Engineering Courses Must Have Engineers Board Approval, Court Instructs CUE
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