Tanathi Water Agency Officials Face Legal Action Over Fake Engineering Credentials

Regulatory body exposes acting CEO and deputy for illegally using professional titles without proper registration

Two senior officials at Tanathi Water Works Development Agency are facing potential criminal charges after Kenya’s engineering regulator exposed them for illegally using professional titles without proper registration, raising serious questions about oversight of multi-billion shilling infrastructure projects.

The Engineers Board of Kenya (EBK) has flagged Acting Chief Executive Officer Fidelis Kimanthi Kyengo and General Manager for Infrastructure Development Francis Kyalo Siva for violating statutory provisions by using the title “Engineer” despite lacking professional registration.

According to EBK Registrar and CEO Margaret Ogai, both officials are graduate engineers but have not met the mandatory requirements for professional registration, which is legally required for senior management positions overseeing major infrastructure projects.

“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,” Ogai stated in a letter dated June 27, 2025.

The Engineers Act stipulates severe penalties for such violations, including fines up to Sh2 million, imprisonment for up to five years, or both. The law also prohibits unregistered individuals from submitting engineering plans, surveys, drawings, schemes, proposals, reports, designs, or studies to any authority in Kenya.

The revelations are particularly concerning given that Siva, who has served as General Manager for Infrastructure Development since 2021, oversees multi-billion shilling donor-funded projects. President William Ruto is expected to tour several of these projects, including:

– Sh1.5 billion Mwala Cluster Water Supply Project
– Sh1.2 billion Machakos Water Supply Project
– Sh1 billion Machakos Sewerage Project
– Kiambere–Mwingi Water Project

According to EBK records, Kyengo holds registration number B2446 as a graduate engineer, while Siva is registered under number B25301, both falling short of professional engineer status.

The regulatory action followed a whistleblower complaint questioning the officials’ suitability for public office and raising concerns about the quality of engineering works under their supervision. Sources within Tanathi reveal that some of Siva’s subordinates hold full professional registration, creating internal tensions over his credentials.

The whistleblower alleged that Siva’s appointment was “unlawful and fraudulent” and that his continued tenure compromises public safety and engineering standards. The complaint also cited potential violations of the Public Officers Ethics Act and warned that professional reports and certifications issued under Siva’s oversight could be nullified.

When contacted for comment, Kyengo declined to speak and disconnected the call, while subsequent messages went unanswered. Siva, however, claimed he was “duly registered with the EBK as a professional engineer” but provided no documentary evidence to support his assertion.

Siva accused the board of “overstepping its mandate and playing politics,” insisting his credentials had been certified during the hiring process. “Why is EBK responding to faceless whistleblowers instead of writing to the Ministry?” he questioned.

Former Kilome MP Regina Ndambuki, who chairs the Tanathi Water Agency, expressed surprise at the revelations, stating she was unaware of the concerns but promised immediate action.

“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,” Ndambuki said.

She assured stakeholders and donors that the board would cooperate fully with EBK and other investigative agencies to address the matter and ensure legal compliance.

According to Tanathi’s Human Resource manual, the General Manager for Infrastructure Development position requires:

– Registration as a professional engineer
– At least 12 years of engineering experience
– Five years in relevant management positions
– A master’s degree in water or civil engineering from a recognized institution

The position is designated as the most senior technical officer within the agency, making proper qualification essential for project oversight and public safety.

The whistleblower has demanded Siva’s immediate suspension and comprehensive audits of all projects signed or approved during his tenure. The board has committed to deliberating on the issue and seeking guidance from the Ministry of Water.