The IEK Constitution: Proposed Changes

Last Updated 13 years ago by Kenya Engineer

In April of this year 2014, members of the Institution of Engineers of Kenyan (IEK) will vote on adopting changes proposed to the Institution’s Constitution. This vote will take place during the Special General meeting at which all members and branches are expected to be present.

The upcoming vote will follow a deliberate process which adheres to established IEK practices and the current Constitution. As per the Constitution’s Article 11.08, the most recent annual general meeting took place on 12 April 2013. The IEK held this meeting at the Silver Springs Hotel in Nairobi, and during this meeting, members agreed to revise the Constitution according to the Zero Draft Constitution Review that had been circulated. After this vote, corporate members had one month, or until 15 May 2013, to put forth their analysis of the Zero Draft. On 16 May, 2013, the Constitution Task Force met and reviewed Draft One.

The Task Force then circulated Draft One to members and gave stakeholders until 30 September 2013, to assess the draft. At that point, the Constitution Task Force compiled the stakeholder’s assessments and circulated them to all IEK members. There was a Special General Meeting during which those members who attended voted to adopt the input from branches with minor alterations. At the time of this publication, IEK’s lawyers are reviewing the draft. In mid March 2014, IEK will send all members and branches the final document so that they can evaluate it before the April vote.

The proposed change to Section 3 is to add a new class of membership, the “Life Member.” According to the Section 4 proposal, in order to qualify as a Life Member, one must have been a Corporate Member for at least ten years, be at least sixty-five years old, they should also be on the register of Engineers board of registration EBK or have been a Fellow.
Changes to Section 4 pertain to the “Fellow,” “Member,” “Associate,”  “Graduate” “Affiliate Firms” and “Military” member classes. Currently, one qualifies as a Fellow if one “has such knowledge of the science or practice of Engineering and has acquired such eminence in their profession that in the opinion of the Council their admission as a member would conduce to the interests of the Institution.”

With the proposed change, one can also qualify as Fellow if one “is engaged in the science or practice of Engineering,” and “is current on the register of Engineers Board of Kenya,” or one “is a Fellow of an Engineering Institution in Eastern Africa that has ratified the Mutual Recognition Agreement as deposited at the East Africa Commonwealth (EAC) offices Arusha.” If this change is adopted, Section 4.03 may include that one may be a “Member” if one “Is a Corporate member of an Engineering Institution in Eastern Africa that has ratified the Mutual Recognition Agreement as deposited at the EAC offices.” Whereas now Associates need only have five years experience in a “position of responsibility,” the proposal is to change this to ten years. In regard to Graduates, the proposal is that, “No person shall remain a Graduate after 10 years in this class or on 31st December in the year in which they have attained 40 years of age.”

New Membership Classes
“Affiliate Firms” and “Military” are proposed as new membership classes. The proposal for affiliate firms is that, “Membership to this class shall comprise engineering consulting firms, construction firms, institutions of higher learning or engineering organizations/companies which the Council may elect to this Class” and that “every applicant to this class shall, at the time of application, have in its management at least one engineer who is a Corporate Member or at least five Corporate Members employed by the firm.”Military Membership is proposed to apply to any person in the Kenya Armed Forces provided that the military member pay all entrance fees and, thereafter, the subscription fee appropriate to his or her class (as though he or she were a non-military member). When admitting military members, the Council shall grade candidates according to Bye-laws 4.01, 4.02, 4.03, 4.04, 4.05, 4.06 and 4.07.

The proposed changes to Section 6 pertain to entrance fees and subscription fees. The new member’s classes of Life Member and Affiliate Firms are assigned no entrance fee and a fee of Shs. 10,000 respectively. Also proposed is that “a member of any class elected or transferred before the 1st day of July in any year shall pay the Annual Subscription of their new class of membership for that calendar year. A Member of any class elected or transferred after the 1st day of July in any year shall continue to pay the annual Subscription of their previous class until the next Annual Subscription is due.”

Other proposed changes in regard to Annual Subscriptions include that, “Each member of the Institution shall pay the Annual Subscription set by the Council from time to time and approved at the annual general meeting (AGM) of the Institution.” It is also proposed that the Fellows’ fee be increased from Shs. 4000 to 7,500; Members’ fees from Shs. 2000 to 5000; and Associates’ from Shs. 2000 to 5,000.

There are three additional Annual Subscriptions changes proposed.
The first encourages members to pay on time as “annual subscriptions which remain outstanding by 30th June of a particular year will attract a late- payment penalty of 50% of the Full Annual Subscription for that class of membership.” The second is that any Corporate Member, Companion or Associate “resident Overseas may compound their annual subscription by paying TEN times the appropriate annual subscription to become a Life Member.” Currently, the annual subscription need only be multiplied five times to count as a Life Membership. Lastly on membership, as Section 6.10 allows the Council remit annual subscription fees, it is proposed that, “A member who has retired from active engineering  practice, with no employment or income not exceeding Shs. 60,000 per month  on attaining the age of 70 years may apply for remission of annual subscription partial or full remission of the subscription.”

Section 9 the Council and Office Bearers.
Whereas currently the Council includes a Retiring Past Chair, a Chair and two Vice-Chairs, the proposal is to modify these offices, replace them with an Immediate Past President, President and two Vice Presidents and that the Immediate Past President “shall be the surviving member who last held such office and who is willing to serve on the Council.” Currently, the Council may, optionally, include two additional members “who shall be Corporate Members.” The proposal is that these additional members be added “bi-annually preferable from Specialist groups or Affiliate Firms.”

Eminent Fellow Engineers Forum
It is proposed that IEK add an Eminent Fellow Engineers Forum and that the Forum be comprised of the following officers: the Chair, the Past EBK Chairpersons, the Past IEK Presidents, Past EBK Registrars, the President, the Vice Presidents, the Honorary Treasurer, the Honorary Secretary, current Council members and other Fellows as the Forum may elect.

In regard to elections, the proposed changes apply to the offices of the President, Hon. Treasurer, Hon. Secretary and ordinary members of council and to ballot and scrutineers. In reference to the election of President, it is proposed that candidates must be Fellows (as well as current or former Vice Chairs/Presidents) and that, “in the event of more than one candidate being nominated for the office, a secret ballot of the whole Council shall be held; otherwise the nominated candidate shall be declared duly elected.” Whereas currently, the Chair holds office for one year, it is proposed that the President shall hold office for two years “except where he assumes office one year before the ensuing term or midway a preceding term, in which case he may hold office for more than the two years.”

Similarly, whereas currently the Hon. Secretary, Hon. Treasurer ordinary members of Council stays in office for one year, it is proposed that their elections be bi-annual. Now, the Constitution calls for “ballot paper” to be used for elections but, adjusting to changing technology, the proposal is that IEK may issue either electronic or paper ballots and that electronic ballots may be used in all circumstances which call for ballots. Section 9.11 requires the scrutineers to report election results to the Chair, but in a move toward greater transparency, the proposal is for scrutineers to report to the Annual General Meeting.

Frequency of Council meetings, their quorum and notice
The proposed Section 10 changes address frequency of Council meetings, their quorum and notice. Currently, the Constitution requires that the Council meet at least twice a year and requires only six members for a quorum whereas the proposal is for the Council to meet “every three months” and stipulates that seven (7) members constitute a quorum. It is also proposed that instead of written notice of meetings that IEK use electronic mail for this purpose.

There are numerous other proposed changes in the constitution and members are encouraged to source for a copy, scrutinize it and give their response to the IEK constitution taskforce even as the April vote comes closer.