Court orders CUE to get Engineers Board approval for Engineering courses
The High Court has blocked the sale or transfer of an apartment in Nairobi’s Westlands area.
The Commission for University Education (CUE) will now be required to seek the consent of the Engineers Board of Kenya before approving and accrediting engineering courses in universities.
High Court Judge Lawrence Mugambi has ordered that CUE halt the accreditation or approval of engineering programmes without prior consultation with the engineers' board.
“A declaration is hereby issued that the Commission for University Education shall immediately cease to approve or accredit engineering courses in the universities unless it is with the concurrence and input of the Engineers Board of Kenya,” Justice Mugambi ruled on August 12.
The decision came in response to a class-action suit filed by two engineering students from Egerton University, Ian Nyagah, and Henry Mulyungi, who sought justice after being unable to secure registration with the engineers' board.
The suit representing 55 students challenged Egerton University, the CUE, the engineers' board, and the Education Cabinet Secretary.
The petitioners, who pursued degrees in Water and Environmental Engineering, Instrumental and Control Engineering, and Manufacturing Engineering and Technology claimed the university offered these courses without proper accreditation.
They argued that the failure to register them for these unaccredited courses had prevented them from pursuing professional careers in engineering.
The students contended that the university had continued to offer these courses for six years despite knowing they were not accredited. They also criticized the lack of intervention by the CUE, the Ministry of Education, and the Engineers Board to rectify the situation.
“The petitioners cannot secure any form of professional employment or practice as engineers both in the public and private sector. Inevitably they are not able to join the engineering profession in Kenya,” stated the petitioners.
In response, Egerton University’s Vice Chancellor, Prof Isaac Kibwage, argued that the university’s Senate had not been legally required to seek prior approval from the engineers' board for developing engineering programmes.
He stated that the courses were developed in 1999 by the repealed Section 14(2) of the Egerton University Act, and students were admitted and graduated as per the law. Prof Kibwage committed to revising the curricula to align with the new accreditation guidelines.
Justice Mugambi's ruling emphasized the need for collaborative efforts between universities and the Engineers Board in setting educational standards.
The judge clarified that while universities have the academic freedom to develop programs, they must work closely with the CUE and obtain the Engineers Board’s concurrence for accreditation of engineering courses. This requirement aligns with the Engineering Act’s mandate to maintain engineering standards.
“This is owing to the specific legal mandates granted by the Engineering Act that confers the accrediting responsibility of engineering programmes in the universities and tertiary institutions to ensure engineering standards are maintained,” noted the judge.
The court ordered Egerton University to facilitate remedial courses for the affected students, with the costs covered by the university. The remedial program, recommended by the Engineers Board, is to begin within the next three months.
However, the court did not grant compensation or damages to the petitioners, finding insufficient evidence to support claims of discrimination and rights violations.
