How Much Are Engineers Paid in Kenya? What the Engineers Scale of Fees Says

Over the past two weeks, I read the Engineers Scale of Fees. Initially the intention was to understand how I could actually bill clients. This is because I believed the scale of fees contained a formula for calculating bills for professional services. However, as I started reading it, I learnt that it was more than just billing that the scale of fees addressed. It also addressed the key deliverables expected of engineers. It therefore broadened my view of engineering practice. For example, I learnt that structural engineering is more than just bending moment diagrams; it is much broader than that. In this article I explore how much engineers are supposed to charge for professional services as well as what I learn about the wider responsibilities of engineers.

How Much Are Engineers Supposed to Charge in Kenya?

The Engineers Scale of Fees deals with professional fees for engineering services, not necessarily the salaries earned by engineers in employment. Given the depth and range of the Engineers' Scale of Fees, the fees chargeable by engineers are determined by several factors. Here is a rough overview of how engineers are supposed to charge for professional services according to the scale of fees.

• Percentage charges based on cost of works: The percentage charge as a percentage of works worth up to 20,000,000 is ten percent. The fees scale differently as the cost of works increases.

• Engineers' Time Charge Minimum Rates: The hourly charges, for example, range from KES 4,500 to KES 12,500 depending on the category of the engineer.

Purpose and Objectives of the Engineers Scale of Fees

Engineers Scale of Fees was created pursuant to Section 7(11)(s) of the Engineers Act 2011 to provide a framework for provision of technically feasible, economically viable and sustainable engineering solutions in an ethical and professionally accountable manner. The scale of fees was created to ensure public safety by guaranteeing quality engineering services are offered without undermining the welfare of engineers. It therefore prescribes the minimum fees chargeable by professional engineers. In essence it was intended to prevent undercutting by and among professional engineers.

Who Does the Engineers Scale of Fees Apply To?

The engineers' scale of fees applies to professional engineers and engineering firms offering professional engineering services in Kenya. It covers infrastructure and engineering projects in all fields of engineering including but not limited to mechanical, civil, electrical, chemical and agricultural engineering. The scale of fees addresses matters such as hourly, daily and monthly rates, duplication of works and renovation works.

The scale of fees doesn't cover other non-engineering services offered by engineers.

Professional engineering fees are based on:

• Project complexity
• Monetary value of the works
• Duration of the project
• Level of risk and responsibility of the engineer or firm
• Level of skills, experience, and expertise required
• Technology required
• Duplication of works
• Clients' requirements
• Scope of the project

What Does the Engineers Scale of Fees Require?

The scale of fees prescribes the minimum fees chargeable by engineers for professional services. In the case of a dispute on the amount of fees to be charged by engineers, the scale of fees requires a written request to the Engineers' Board of Kenya for clarification on the fees to be charged.

The scale of fees outlines key deliverables expected of engineers in the different stages of work. Some of the deliverables and services include:

• Facilitation of the development of a clear project brief, procurement policy, and consultant's scope of work
• Facilitation of the conclusion of the terms of agreement between the engineer and the client
• Records of all meetings
• Assisting the client in procurement of other consultants
• Advising the client on the need for a health and safety consultant
• Facilitating approvals of viability concepts by client and statutory authorities
• Facilitating design and design reviews
• Recommending procurement strategy for contractors
• Coordinating and assembling the contract documentation for signature
• Preparing site handover to contractor
• Development of progress reports
• Preparing and issuing of payment and practical completion certificates
• Monitoring rectification of defects
• Preparation of as-built drawings

Beyond these key deliverables, the Scale outlines responsibilities at different stages of a project.

What Services Are Engineers Expected to Provide?

The fees are not simply payments for producing drawings or calculations. The scale outlines a much broader range of services expected from engineers throughout a project.

The engineer or engineering firm is tasked with carrying out the following for the client:

• For projects whose nature and form have not yet been clearly defined:
  • Consultation with client or the client's representative
  • Conducting site investigations
  • Carrying out preliminary investigations
  • Consultations with authorities
  • Advising the client on statutory and regulatory requirements
  • Conducting searches to obtain and collate data relating to the works
• For projects where their nature has been previously defined:
  • Investigating available data and reports
  • Development of a clear project brief
  • Advising the client on procurement strategies
  • Advising the client on required consents and approvals
  • Defining the scope of works and services
  • Concluding the terms of agreements
• In the preliminary stage:
  • Establishing the concept stage design
  • Certifying payments to be made by the client
  • Determining project risks
  • Coordinating design interfaces with any other consultants involved
  • Consulting the lead consultant if any
  • Providing necessary information to the lead consultant or client
• In the detailed design stage:
  • Incorporating any other consultants' design and requirements into the design
  • Preparing design development drawings and details
  • Computing the cost of any risks
  • Preparing detailed estimates of project implementation costs
  • Liaising with the lead consultant
  • Submitting design documentation to approval authorities

• During the tender stage
  • Checking cost estimates and adjusting design documents where necessary to remain with the agreed budget
  • Preparation of tender drawings
  • Assisting the client in calling for tenders
  • Advising the client on and preparing formal contract documents
  • Assessing samples and products for compliance

• During the contract administration stage
  • Witnessing site handover
  • Examining and approving contractor's proposal
  • Attending site, technical and progress meetings
  • Inspecting works for conformity with the design
  • Maintaining accurate records of site activities
  • Advising the client on appointment of site staff
  • Establishing and maintaining a financial control system
  • Giving instructions relating to the works of the contractor
  • Preparing or approving the as-built record
  • Deciding any dispute between the client and the contractor in connection with the works provided no step is taken towards arbitration or litigation

• During the close out stage
  • Conducting inspections and verifications of defects
  • Preparation or acquisition of operations and maintenance manuals, guarantees, variables and as-built drawings and documentation
  • Preparation of project's final accounts and completion report

Part III section 12 outlines additional professional engineering services that may be offered by an engineer such as carrying out any works after abandonment of a contract by the contractor

Implementation and Enforcement

Engineers Scale of Fees is enforced by the Engineers Board of Kenya. The legal notice does not, however, stipulate how its compliance is verified. The legal notice stipulates that an engineer who charges less than the minimum prescribed fees risks suspension or revocation of their licence. The board may also issue fines and penalties to such engineers.

Do Engineers Actually Charge These Fees?

Engineers and engineering firms are expected to use the engineers' scale of fees to determine their rates of billing. The scale of fees gives guidelines to be followed by engineers and engineering firms. In theory, it should reduce the need for professionals to bargain the cost of their professional services. However, the situation in practice appears to be different.

The scale of fees is supposed to be used as a guideline throughout the project lifecycle, from the preconception stage and implementation stage all through to maintenance of the project.

Are Engineers Actually Paid According to the Scale?

Engineers Scale of Fees was created with the intention of ensuring engineers provide quality services for public benefit. In return, the welfare of engineers was intended to be supported through adequate fees. However, the industry's reported experience does not appear to reflect engineers receiving the adequate fees envisaged by the scale.

Strengths

The scale of fees clearly outlines deliverables and services expected of engineers. It broadens the thinking of engineering services beyond scientific services and recognises that successful project delivery is part of the engineer's mandate. It can therefore be used as a guide to the services an engineer or engineering firm can establish itself to offer.

Another strength is that most of the guidelines are mathematically specific, which reduces ambiguity.

If followed to the letter, it would greatly reduce professional ambiguity.

Gaps, ambiguities & conflicts

It is not specific about the punishment, particularly the fines for undercharging for professional services. Also, for one reason or another, the Engineers Scale of Fees doesn't seem to be effective in practice. This is because many professionals are still paid less than the fees prescribed by the scale. This could be caused either by the fees being unaffordable or by the regulatory body failing to ensure compliance with the scale of fees.

The legal notice has a chance of being misinterpreted as saying engineers are responsible for quantity surveyors' work, that is, that costing and estimation of costs of works are among the services they can offer.

My recommendations and professional assessment

Future versions of the engineers' scale of fees should consider mechanisms to ensure the scale of fees is implemented on a large scale. The Engineers Board of Kenya could try to learn a little bit from the Law Society of Kenya on how to go about that. Engineers should also be required to submit approvals at different stages of works to the regulatory body with payment receipts indicating adherence to the scale of fees. There should be regulations to ensure that no works should proceed if the required submissions are not made to ensure only professional engineers can undertake engineering work. Also, the board should educate the public more about engineering services and their remuneration by even having public barazas periodically.

Questions asked

While reading the Legal Notice, these questions repeatedly ran through my mind:

• Do all engineers know that these are the deliverables that are required of them?
• What percentage of engineers actually charge as per the scale of fees?
• How many clients would adhere to the scale of fees?
• Does the government adhere to the scale of fees?
• How much do engineers actually charge compared with what the scale prescribes?

If you have an answer to any question above, feel free to contact me

About the Author

El-Bethel Buyanzi is a Civil Engineering student at the Technical University of Kenya with an interest in the built environment, engineering, leadership and professional development. He writes about his experiences, lessons and observations as he prepares for a career in the built environment. To learn more about the author, visit his about page.