Two senior managers at Tanathi Water Works Development Agency are facing possible legal sanctions after a regulatory body flagged them for allegedly masquerading as professional engineers.
The Engineers Board of Kenya (EBK), the state agency that regulates the engineering profession has exposed Mr Fidelis Kimanthi Kyengo, the acting Chief Executive Officer of Tanathi Water Agency, and his deputy Francis Kyalo Siva, as lacking the legal and professional qualifications to hold not only their job positions but also their professional titles.
Both officers are graduate engineers but are not registered with the EBK as professional engineers, a mandatory requirement to hold senior management positions and qualify to supervise major infrastructure projects.
While Mr Kyengo is the acting CEO having been seconded to Tanathi by the Ministry of Water, Mr Siva has served as the General Manager for Infrastructure Development since 2021, where he oversees multi-billion-shilling donor-funded projects.
The regulator accuses them of practising without licenses and illegally using the title “Engineer” to sign official documents. Internal Tanathi career guidelines show they do not meet the qualifications for the positions they hold.
According to the Registrar and CEO of the Engineers Board Eng Margaret Ogai, both Mr Kyengo and Mr Siva must stop using the title "Engineer" before their names as it violates statutory provisions outlined in Sections 47 and 49 of the Engineers Act.
Engineers Board of Kenya CEO Eng. Margaret Ogai.
Photo credit: File | Nation Media Group
In a letter seen by the Nation, Eng Ogai stated that the law clearly outlines the scope of practice and limitations for individuals registered as graduate engineers, as is the case with the two Tanathi bosses.
“Any person who is not registered as a professional engineer or consulting engineer and who uses the title 'Engineer' before their names commits a punishable offence under the Act,” reads the letter dated June 27, 2025.
The Engineers Act stipulates that a person who practices engineering without a valid license issued by the Board commits an offence and is liable upon conviction to a fine not exceeding Sh2 million or to imprisonment for a term not exceeding five years, or both.
Eng Ogai explained that a person who is not registered as a professional engineer or firm is not permitted to submit engineering plans, surveys, drawings, schemes, proposals, reports, designs, or studies to any person or authority in Kenya.
Her response followed a complaint by a whistleblower who questioned the two officials’ suitability to hold public office and raised concerns about the quality of engineering works on government and donor-funded projects under their supervision.
President William Ruto is expected to tour some of the projects in question including the Sh1.5 billion Mwala Cluster Water Supply Project, the Sh1.2 billion Machakos Water Supply Project, the Sh1 billion Machakos Sewerage Project and the Kiambere–Mwingi Water Project.
The Nation has learned that some of Mr Siva’s juniors at Tanathi are registered engineers, and there has been unrest within the agency regarding his credentials.
When contacted for comment, Mr Kyengo declined to speak and curtly disconnected the call. Subsequent text messages sent to him went unanswered by the time of going to press.
Mr Francis Kyalo Siva, the General Manager for Infrastructure Development at Tanathi Water Works Development Agency.
Photo credit: Kitavi Mutua | Nation Media Group
Mr Siva, on the other hand, claimed he was duly registered with the EBK as a professional engineer but did not provide any documentary proof.
He accused the board of overstepping its mandate and playing politics, insisting that his academic and professional credentials had been certified by the employer during the hiring process.
“Why is EBK responding to faceless whistleblowers instead of writing to the Ministry? The Principal Secretary and even President Ruto know that I am serving as the General Manager for Infrastructure Development at Tanathi Water. Those questions have been overtaken by events,” he said.
A search on the EBK portal revealed that Mr Kyengo, who is set to retire in two years, holds registration number B2446, while Mr Siva is registered under number B25301. Both are listed as graduate engineers.
Former Kilome MP Regina Ndambuki who chairs the Tanathi Water Agency expressed surprise at the EBK revelations saying she was unaware of the concerns regarding the two officers but promised to look into the matter.
Ms Ndambuki told the Nation she would immediately convene the board to deliberate on the issue and seek guidance from the Ministry, emphasising that no one would be shielded from the consequences of non-compliance with the law.
“I am hearing this for the first time. Mr Siva was employed long before I was appointed Tanathi chair. But we will first establish how he was appointed to his current management position,” she said, adding that Mr Kyengo was only holding the CEO position in an acting capacity while the board recruits a substantive CEO.
She assured stakeholders and partners including donors that the board would cooperate fully with the EBK and other investigative agencies to address the matter and ensure compliance with the law.
According to the Tanathi Human Resource manual, the General Manager for Infrastructure Development is the most senior technical officer. The position requires one to be a registered professional engineer, have at least 12 years of engineering experience five of which must be in a relevant management position—and hold a master’s degree in water or civil engineering from a recognized institution.
The whistleblower told EBK that Mr Siva’s appointment was unlawful and fraudulent and that his continued stay in office compromised public safety and the engineering standards of the projects he oversees.
“As technical manager, Mr Siva has illegally supervised registered professional engineers and consultants, signed off on project completion certificates and overseen the design and implementation of publicly funded infrastructure projects, which exposes Tanathi Water Agency to potential legal and financial liabilities,” reads a letter addressed to Ms Ndambuki.
According to the whistleblower, this situation violates the Public Officers Ethics Act and may result in the nullification of professional reports and certifications issued under Mr Siva’s oversight.
He demanded that Mr Siva be suspended immediately and that investigations be launched to determine how he secured the position, alongside a comprehensive audit of all projects signed or approved during his tenure to ensure legal and professional compliance.
