The Engineers Act of Kenya 2011. A regulatory analysis of the impact on institutional structures

Seminar paper from the year 2020 in the subject Engineering - General, Basics, Mount Kenya University, course: Law, language: English, abstract: The objectives of this paper are to: evaluate the regulatory objectives of the EBK; explain the significance of the EBK in the realization of the national and international development goals (government’s constitutional obligations, Vision 2030, Big $ Agenda SDGs etc.); examine the extent to which institutional structures of the EBK positively/negatively contribute to the fulfilment of its mandate; examine how EBK’s legal mandate overlaps with other institutions and what challenges or strengths this poses for the fulfilment of its regulatory objectives; identify the challenges facing the EBK and the necessary regulatory adjustments necessary in view of the regulatory objectives identified in 1 and 2; provide a way forward based on a determination of whether the challenges identified emerge from the EBK’s institutional, statutory, or regulatory structure. Developed by the Organization for Economic Cooperation and Development (OECD), Regulatory Impact Analysis (RIA) is a process of systematically identifying and assessing the potential (ex–ante stage) or already created (ex–post stage) consequences – benefits, costs and effects – of a policy or a regulation. Using RIA, one can conduct a systemic analysis of the possible changes that result from the adoption of normative legal acts. RIA aims to support the decision-making process regarding the fate of a new or existing regulation, its positive and negative effects, and whether the regulation is likely to achieve the desired objectives. There is no “one size fits all” when it comes to the application of RIA. The same is also relevant for a RIA methodology. Cost-Benefit Analysis (CBA) is one methodology that has been applied successfully but the complexity of the methodology varies across countries and even within countries. Other methodologies include comparing positive and negative impacts, qualitative and quantitative methods, multi-criteria analysis, partial and general equilibrium analysis, as well as assessing direct and indirect effects. The RIA methodology must first suit the objective of RIA as well as the administrative context and capacity.