September 2020

Lecture 3c
Engineering Management II
Code of Conduct and Ethics for the Association of Consulting Engineers of Kenya [ACEK]

The code sets standards which members of engineering profession should aspire to in their working habits and relationship. It
defines the values and principles that shape the decision made in engineering practice.
1. Compliance with the Code
A member of ACEK shall comply with all the requirements as set out in this Code. A Member shall maintain
high personal integrity, moral standards and sound reputation by subscribing to and observing this Code.
2. Integrity
A member of ACEK shall at all times act in the legitimate interests of the client and other stakeholders and
discharge his/her duties with integrity, faithfulness, confidentiality, efficiency, competence and in a non-
discriminatory manner. He/she must endeavour to be honest and realistic in stating claims or estimates
based on available data.
Members of ACEK should adopt the highest standards of professional conduct, openness, fairness and
honesty. They should:
 Be alert to the ways in which their work might affect others and duly respect the rights and reputations
of other parties
 Avoid deceptive acts, take steps to prevent corrupt practices or professional misconduct, and declare
conflicts of interest
 Act for each employer or client in a reliable and trustworthy manner
3. Gifts, Benefits, Favours
A member of ACEK shall neither offer nor accept reward of any kind which in perception or in effect either:
 Seeks to influence the process of selection or compensation of consulting engineering, or
 Seeks to affect the independent judgement of the consulting engineering.

Consulting Engineers should adopt the highest standards of professional conduct, openness, fairness and
honesty. They should:
 Be alert to the ways in which their work might affect others and duly respect the rights and reputations
of other parties;
 Avoid deceptive acts, take steps to prevent corrupt practices or professional misconduct, and declare
conflicts of interest;
 Reject bribery or improper influence;
 Act for each employer or client in a reliable and trustworthy manner.
4. Respect for Life, Law and the Public Good
A member of ACEK should conduct themselves according to the laws of the country in which they are
working and give due weight to all relevant law, facts and published guidance, and the wider public interest.
They should:
 Minimize and justify any adverse effect on society or on the natural environment for their own and
succeeding generations;
 Take due account of the limited availability of natural and human resources;
 Hold paramount the health and safety of others;
 Act honourably, responsibly and lawfully and uphold the reputation, standing and dignity of the
profession
5. Fees and Other Types of Remuneration
i. A member of ACEK must not undertake work for fees under conditions which may jeopardize the
quality of the professional service to be rendered.
ii. No member shall knowingly compete on the basis of professional charges with another member for
employment. This Clause shall not be taken to prohibit members from participating in open bidding
where both technical qualification and price shall be considered. In this case the process shall not be

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objectionable to the Association. Again the process shall be subject to judgment by professionals
acceptable to the Association
iii. No member shall attempt, directly or indirectly, to supplant another member, nor shall he review or
take over work of another member acting as a Consulting Engineer for the same client, until he has
either obtained the consent of such member or has been formally notified by the client that the
connection of such a member with the work has been terminated.
iv. Members may enter competitions involving the submission of proposals and designs for engineering
works but should always promote the concept of selection by ability and always to encourage
prospective clients to engage the services of competent assessors who shall be Engineers of
acknowledged standing to adjudicate such proposals and designs.
v. A member practicing outside Kenya may order his conduct in such country according to the rules of
professional conduct and the code of ethics of any national society or body in that country recognized
for this purpose by the Council.
6. Marketing of Professional Services
i. No member shall solicit professional work either directly or indirectly by an agent nor shall him /her
pay, by commission or otherwise any person who may introduce clients to him.
ii. No member shall advertise directly or indirectly for professional employment, nor shall he answer
any advertisement for a consulting engineer.
a. Having his/her name, designation and address inscribed in a manner approved by the Council on
display boards erected on the sites of works for which the member is the Consulting Engineer or
commemorative tablets or stones incorporated in the finished structures;
b. Publishing, with his/her clients’ approval, articles treatises or illustrations relating to the works
for which the member is the Consulting Engineer either on his own account or in association with
other parties concerned with such works;
c. Permitting his/her name to appear with illustrations or works with which he has been
professionally connected, publishing as parts of advertisements by contractors or manufacturers
provided that the member takes all reasonable steps to ensure that his name appears in an
unobtrusive manner and not in any way as suggesting solicitation of professional work.
d. Responding to advertisement for open bidding for assignments in accordance with Clause 8.
 Should not bring the profession into disrepute when marketing professional services. The
member should be honest and truthful and should not:
 Make exaggerated claims for services offers, qualifications possessed or experience gained;
 Make disparaging references to unsubstantiated comparisons to the work of another. If the
member is in doubt whether a proposed format of advertising or marketing is appropriate,
the member should consult with ACEK.
7. Competence, Accuracy and Rigour
Members of ACEK have a duty to ensure that they acquire and use wisely and faithfully the knowledge that
is relevant to the engineering skills needed in their work in the service of others. They should:
 always act with care and competence;
 perform services only in areas of current competence;
 keep their knowledge and skills up to date and assist the development of engineering knowledge and
skills in others;
 not knowingly mislead or allow others to be misled about engineering matters;
 present and review engineering evidence, theory and
8. Conflict of interest/Misuse of Position
No member shall, without disclosing the fact in writing to his client, be a shareholder in or have a financial
interest in any company, firm or person carrying on any contracting or manufacturing business which, in the
opinion of the Council, might influence his professional advice to that client.
A member of ACEK shall not use his/her position or connection to attempt to gain or to confer a benefit
upon others with whom he has an interest, such as family members, friends, relatives, business associates
or colleagues.
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9. Preservation of Records
Members of ACEK shall not without satisfactory reasons, destroy or dispose of, or knowingly allow any
other person to destroy or dispose of any calculations, drawings or contractual documents for a period of
ten years after completion of the project concerned.
10. Nepotism/Favoritism
A member of ACEK shall not favour relatives, friends or associates in decision making or provision of
services.
11. Intellectual Property
No member shall receive directly or indirectly any royalty on or any gratuity or commission in respect of any
patented or protected article or process used on or for the purpose of the work in respect of which he is
acting for a client unless and until such royalty, gratuity or commission has been authorized in writing by
such client
12. Conduct in Public
A member of the (Association/Institute) shall carry out himself in dignity both in public and private
13. Respect
i. A member of ACEK shall not intentionally injure the professional
Reputation or practice of another member. However, if a member has evidence that another member
has been guilty of unethical, illegal or unfair practices, including practices in violation of this code,
he/she should present the information to ACEK for appropriate action.
ii. Not review the work of another member for a client, except:
 with the prior knowledge of such Member and affording such Member reasonable opportunity to
submit comments on the findings of the review, or
 after receipt of notification from the client that the engagement of such Member has been
terminated, or
 Where the review is intended for purposes of a court of law or other legal proceedings.
iii. Not take over the work of another member before notifying the member in question, and without
being advised in writing by the client of the termination of the prior appointment for that work.
iv. Not accept subcontracted work without the knowledge of the Client.
14. Responsible Leadership: Listening and Informing
Members of ACEK shall aspire to high standards of leadership in the exploitation and management of
technology. They hold a privileged and trusted position in society, and are expected to demonstrate that
they are seeking to serve wider society and to be sensitive to public concerns. They should:
 Be aware of the issues that engineering and technology raise for society, and listen to the aspirations
and concerns of others;
 Actively promote public awareness and understanding of the impact and benefits of engineering
achievements; and
 Be objective and truthful in any statement made in their professional capacity.
15. Non-discrimination
A member of ACEK shall not discriminate directly or indirectly, individuals on the ground of age, gender,
race, colour, ethnic origin, marital status, disability etc.
16. Sexual Harassment
A member of ACEK) shall not sexually harass a member of the public or a fellow colleague.
17. Workplace Harassment
A member of ACEK shall avoid unwelcome, abusive, belittling or threatening behavior to his/her colleagues,
associates and employees
18. Confidentiality
Members of ACEK shall generally maintain high level of confidentiality between themselves and particularly
with regard to:
 Use and disclosure of client information
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 Personal information•
 Disclosure of the Association information+9
19. Custody of Client Assets
Members of ACEK shall not assume custody of client property or monies unless permitted to do so by law in
compliance with professional regulations.
20. Use of Internet, E-Mail and Electronic Media
Every member shall make responsible use of internet, e-mail, electronic and print media to communicate in
a manner that is not discriminatory or damaging to the Association and the general good of the society.
21. Alcohol and Drug Abuse
Members of ACEK shall not consume excessive alcohol such as to impair their work performance or impair
judgment. They shall not take prohibited drugs.
22. Gambling
ACEK members shall desist from gambling activities that may lead to impairment of work and/or lead to
pecuniary embarrassment.
23. Dress Code
Members of ACEK shall dress decently and appropriately. Safety gear must be actively promoted and worn
at construction sites.
24. Political Association/Alignment
ACEK shall be a non-political Association. While members are not barred from belonging or subscribing to
political parties, politics shall not be exercised to the extent that it negatively affects engineering or
professional activities and the membership of the Association
25. Corporate Social Responsibility
Members of ACEK shall participate both as individuals or firms exclusively or through the Association, in
corporate social activities to enhance the image of ACEK and contribute to the general welfare of the
society.
26. Whistle Blowing
Corruption in all its forms must be stopped and ACEK members shall take a lead in reporting cases of
corruption to the KACC or any other legally constituted investigative body. Members should report all forms
of corruption to ACEK secretariat in writing and addressed to the Chairman, ACEK. Mechanisms for
confidentiality of the informants are in place.
27. Enforcement of the Code
ACEK shall be responsible for ensuring that this Code is implemented, understood and observed by
members.
The ACEK Council shall ensure that members comply with the code. Failure to adhere to the Code may lead
to disciplinary action through laid down procedures.
All members shall comply with all the regulations and requirements as set out in this Code and the
constitution of ACEK and other provisions of the Engineers Act. Members shall maintain high personal
integrity, moral standards and sound reputation by subscribing to this Code.
28. Complaints Structure
ACEK shall receive, investigate and respond to clients/members complaints arising from failure to comply
with provisions of this Code. All complaints must be written in English, addressed to the Chairman, ACEK,
and delivered or sent by post, email, telefax or any other medium that can be stored and reproduced. The
complaint shall bear full identity and address of the complainant. On receipt of such a complaint the Council
shall within one month appoint an investigating committee to carry out full investigation and report back
within 3 months. The Council shall then take action and report its decision to the complainant within one
month.

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