Geologists Registration Act

This Act may be cited as the Geologists Registration Act.

Jurisdiction: Kenya
Instrument: Act or statute
Citation: Cap. 535
Version: 31 Dec 2022
Language: en
Official source: View official record ↗

Source attribution: Source: Kenya Law

Statute overview

About this statute

This Act may be cited as the Geologists Registration Act. Defines terms used in the Act: "Board", "register", "registered geologists", "registered graduate geologist", and "Registrar". Establishes the Geologists Registration Board and gives it responsibility for regulating registered geologists and certain corporate capacities. Members of the Board are exempt from personal liability for acts or defaults of the Board done or omitted in good faith while carrying out the Board's responsibilities, functions or powers. Certified copies or extracts from the Registrar are admissible as prima facie evidence; courts must not issue processes to compel production except with leave and any such process must state it was issued with leave.

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Provisions of Geologists Registration Act

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Part I

PRELIMINARY

1
PRELIMINARY - 1. Short title
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This Act may be cited as the Geologists Registration Act.

Section 1. Short title Section This Act may be cited as the Geologists Registration Act.
2
PRELIMINARY - 2. Interpretation
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Defines terms used in the Act: "Board", "register", "registered geologists", "registered graduate geologist", and "Registrar".

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Board" means the Geologists Registration Board established by section 3 ; "register" means the register of geologists kept in accordance with section 6 and includes all or any particular parts thereof; "registered geologists" means a person whose name is for the time being entered in the register as a registered geologist; "registered graduate geologist" means a person whose name is for the time being entered in the register as a registered graduate geologist; "Registrar" means the Registrar of the Board appointed under section 5 .

Part II

ESTABLISHMENT OF THE GEOLOGISTS REGISTRATION BOARD

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ESTABLISHMENT OF THE GEOLOGISTS REGISTRATION BOARD - 3. Establishment of the Geologists Registration Board
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Establishes the Geologists Registration Board and gives it responsibility for regulating registered geologists and certain corporate capacities.

Section 3. Establishment of the Geologists Registration Board Section 3(1) There is hereby established a Board to be known as the Geologists Registration Board, which shall have responsibility for regulating the activities and conduct of registered geologists in accordance with the functions and powers conferred upon it by this Act. Section 3(2)(a) be a body corporate with perpetual succession and a common seal; Section 3(2)(b) in its corporate name be capable of suing and being sued; Section 3(2)(c) for and in connection with the purposes of this Act be capable of acquiring, holding and disposing of movable and immovable property in its corporate name. Section 3(3) The provisions of the Schedule shall have effect as to the constitution and proceedings of the Board and otherwise in relation to the Board.
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ESTABLISHMENT OF THE GEOLOGISTS REGISTRATION BOARD - 4. Limitation of liability of members
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Members of the Board are exempt from personal liability for acts or defaults of the Board done or omitted in good faith while carrying out the Board's responsibilities, functions or powers.

Section 4. Limitation of liability of members Section No member of the Board shall be personally liable for any act or default of the Board done or omitted in good faith in the course of carrying out the responsibilities and functions of, or exercising the powers conferred upon, the Board.

Part III

THE REGISTRAR AND THE REGISTER

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THE REGISTRAR AND THE REGISTER - 10. Proof of documents
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Certified copies or extracts from the Registrar are admissible as prima facie evidence; courts must not issue processes to compel production except with leave and any such process must state it was issued with leave.

Section 10. Proof of documents Section 10(1) In any legal proceedings, a paper purporting to be a copy of, or an extract from, the register or any document kept or published by the Registrar, and purporting to be certified by the Registrar to be a true copy or extract, shall be admissible as prima facie evidence of the contents of the register or document. Section 10(2) No process for compelling the production of the register or any document kept by the Registrar shall issue from any court except with the leave of that court, and any such process which is so issued shall bear a statement that it was issued with the leave of the court. Section 10(3)(a) to produce the register or any document if its contents can be proved under subsection (1); or Section 10(3)(b) to appear as a witness to prove any entry in the register, the matters recorded in the register or any such document, unless the court for special cause so orders.
5
THE REGISTRAR AND THE REGISTER - 5. Appointment of Registrar
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The Cabinet Secretary must appoint a Registrar of the Board; the Registrar may be a public officer and must hold and vacate office according to the terms of appointment.

Section 5. Appointment of Registrar Section The Cabinet Secretary shall appoint a Registrar of the Board who may be a public officer, and who shall hold and vacate office in accordance with the terms of his appointment.
6
THE REGISTRAR AND THE REGISTER - 6. Register of geologists
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All changes to the particulars registered under subsection (1) must be entered in the register by the Registrar.

Section 6. Register of geologists Section 6(1)(a) the date of entry; Section 6(1)(b) his address; Section 6(1)(c) his qualifications; Section 6(1)(d) the geological discipline in which he is registered as the case may require; and Section 6(1)(e) such other particulars as the Board may from time to time direct. Section 6(2) The register shall be kept and maintained in as many different parts as the Board shall from time to time direct: Provided that the names of registered geologists shall be entered in a separate part of the register from the part in which the names of registered graduate geologists are entered. Section 6(3) All changes in the particulars registered under subsection (1) shall be entered in the register by the Registrar.
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THE REGISTRAR AND THE REGISTER - 7. Publication of register and list
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The Registrar must publish registered geologists' names, addresses and qualifications in the Gazette after registration and must publish an annual list; the Registrar may publish amendments or deletions subject to the Board's directions.

Section 7. Publication of register and list Section 7(1) The Registrar shall cause to be published in the Gazette , as soon as may be practicable after registration, the name, address and qualifications of each registered geologist and, subject to the directions of the Board, he may cause to be so published any amendment to or deletion from register. Section 7(2) The Registrar shall cause to be published in the Gazette , at the beginning of each year, a list containing the names, addresses and qualifications of all registered geologists remaining on the register at the close of the previous year.
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THE REGISTRAR AND THE REGISTER - 8. Publicationprima facieevidence of registration
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A publication under section 7 is prima facie evidence that the persons named are registered, and deletion of a name from the register in such a publication is prima facie evidence that the person is not registered.

Section 8. Publicationprima facieevidence of registration Section A publication under section 7 shall be prima facie evidence that the persons named therein are registered under this Act, and the deletion from the register of the name of any person from such publication, shall be prima facie evidence that such person is not so registered.
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THE REGISTRAR AND THE REGISTER - 9. Inspection of register
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Any person may inspect the register and related documents, and may obtain from the Registrar a copy or extract on payment of the prescribed fee.

Section 9. Inspection of register Section Any person may inspect the register and any documents relating to any entry therein, and may obtain from the Registrar a copy of, or an extract from, the register or any such document, on payment of the prescribed fee.

Part IV

REGISTRATION

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REGISTRATION - 11. Qualifications for registration
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Sets academic and experience qualifications for registration as a registered geologist; provides entitlement for certain graduates to be registered as a registered graduate geologist on application and payment; allows the Board to require evidence of good conduct and to direct postponement of registration.

Section 11. Qualifications for registration Section 11(1)(a) a member of a Geologists Society the membership of which is recognized for the time being by the Board as furnishing a sufficient guarantee of academic knowledge of, and practical experience in, geological sciences; or Section 11(1)(b) is the holder of a degree, diploma or licence of a university or school of geological sciences which may be recognized for the time being by the Board as furnishing sufficient evidence of an adequate academic training in geological sciences; and Section 11(1)(b)(i) is the holder of a degree, diploma or licence of a university or school of geological sciences which may be recognized for the time being by the Board as furnishing sufficient evidence of an adequate academic training in geological sciences; and Section 11(1)(b)(ii) has had not less than two years’ practical experience of such a nature as to satisfy the Board as to his competence to practise as a registered geologist: Section 11(2) Subject to this Act, a person shall be entitled, on making an application to the Board in the prescribed form and on payment to the Board of the prescribed fee, to be registered under this Act and to have his name entered in the register as a registered graduate geologist if he is a person to whom subsection (1)(b)(i) applies but is not yet a person to whom either subsection (1)(a) or subsection (1)(b)(ii) applies. Section 11(3) Once a person has been registered as a registered graduate geologist under subsection (2) he shall be deemed for all purposes to have been accepted by the Board as being academically qualified for registration as a registered geologist and subsequent acceptance of his name for registration as a registered geologist under subsection (1)(b)(ii) as distinct from its acceptance under the other provisions of subsection (1) shall not be challenged. Section 11(4) The Board may require an applicant for registration to satisfy it that his professional and general conduct have been such as, in the opinion of the Board, to make him a fit and proper person to be registered under this Act and the Board may direct the Registrar to postpone the registration of an applicant until it is so satisfied.
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REGISTRATION - 12. Temporary registration
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Temporary registration requires an application in the prescribed form with the prescribed fee; the Board may require the applicant to appear and shall require documentary evidence of prior work; registration lasts only for the period or duration of the specified work and the Board's decision on termination is conclusive; a person registered under this section is treated as not being so registered for matters outside the specified period or work.

Section 12. Temporary registration Section 12(1)(a) that he is not ordinarily resident in Kenya; Section 12(1)(b) that he is or intends to be present in Kenya in the capacity of a geologist for the express purpose of carrying out specific work for which he has been engaged; and Section 12(1)(c) that he is, or immediately before entering Kenya was, in practice as a geologist in such a capacity as to satisfy the Board of his fitness to serve the public as a registered geologist, Section 12(2) An application for registration under this section shall be in the prescribed form and accompanied by the prescribed fee, and the Board may require the applicant to appear before it for the purposes of considering his application and shall require every applicant to produce documentary evidence of his work or employment immediately prior to his entering Kenya. Section 12(3) Registration of a person under this section shall continue only for the period or for the duration of the work specified by Board and the decision of the Board as to whether or not the work has terminated shall be conclusive. Section 12(4) A person registered under this section shall, in relation to the period or the work specified and to things done or omitted in respect thereof, be treated as not being so registered.
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REGISTRATION - 13. Power to remove from and correct register
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The Registrar must remove the name of anyone who dies and must remove register entries made incorrectly or fraudulently; removal of a name (except where subsection (1)(a) or (2) apply) must be notified to the person by prepaid registered letter to the address in the register; a person removed ceases to be registered from the date of removal.

Section 13. Power to remove from and correct register Section 13(1)(a) failed, within a period of six months from the date of an inquiry sent by the Registrar by prepaid registered letter to the address appearing in the register against his name, to notify the Registrar of his current address; or Section 13(1)(b) requested that his name be removed from the register, in which case such person may be required to satisfy the Board by affidavit lodged with the Registrar that no criminal proceedings or disciplinary proceedings under section 15 are being or are likely to be taken against him; or Section 13(1)(c) been found by the Board to be guilty of such misconduct as is described in section 15 . Section 13(2) The Registrar shall remove from the register the name of every person who dies and shall remove from the register any entry which has been incorrectly or fraudulently made. Section 13(3) Except in the circumstances specified in subsection (1)(a) and in subsection (2), the removal of a person’s name from the register shall be notified by the Registrar to the person by prepaid registered letter addressed to the address appearing in the register against his name immediately before the removal. Section 13(4) Subject to section 14 , a person whose name has been removed from the register shall cease from the date of such removal to be registered for the purposes of this Act.
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REGISTRATION - 14. Restoration to the register
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A person's name removed under section 13 may only be re-entered in the register by direction of the Board; the Board may direct confirmation of removal, restoration, or termination of suspension and may set an effective date and require payment of a fee not exceeding the application fee.

Section 14. Restoration to the register Section 14(1) Where the name of any person has been removed from the register under section 13 , the name of that person shall not be again entered in the register except by the direction of the Board. Section 14(2)(a) the removal from the register be confirmed; or Section 14(2)(b) the name of that person be restored to the register; or Section 14(2)(c) the suspension of the effect of the registration of that person be terminated. Section 14(3) A direction given by the Board under subsection (2) may include provision for the date upon which a restoration to the register or the termination of a suspension of the effect of registration shall take effect and for the payment by the person concerned of such fee, not exceeding the fee payable on an application, as the Board may determine.
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REGISTRATION - 15. Powers to suspend registration, etc.
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The Board may caution or censure registered geologists or graduate geologists; may suspend a person's registration for a period the Board specifies; and may direct removal of a name from the register. Registered geologists who present themselves as consulting geologists (and registered graduate geologists who imply they are qualified as registered geologists) are declared guilty of improper or disgraceful professional conduct in the specified circumstances.

Section 15. Powers to suspend registration, etc. Section 15(1)(a) caution or censure such registered geologist or registered graduate geologist; or Section 15(1)(b) direct that, during such period as the Board may specify, his registration shall not have effect; or Section 15(1)(c) direct that his name be removed from the register. Section 15(2) For the purposes of this section a registered geologist who describes himself as a consulting geologist shall be guilty of improper conduct in a professional respect if he can be shown to have any direct or indirect interest in commercial, manufacturing or contracting interests such as would tend to influence his exercise of independent professional judgment in the matters upon which he advises. Section 15(3) For the purposes of this section, a registered graduate geologist who describes himself in any way so as to imply that he is, or so as to lead any person to think that he is, qualified for registration as a registered geologist, shall be guilty of improper or disgraceful conduct in a professional respect.
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REGISTRATION - 16. Procedure at inquiry
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Persons whose conduct is inquired into may appear and be heard in person or be represented by an advocate at any inquiry held by the Board under this Act.

Section 16. Procedure at inquiry Section 16(1) Upon any inquiry held by the Board under this Act, the person whose conduct is being inquired into shall be entitled to appear and to be heard in person or to be represented by an advocate. Section 16(2)(a) to administer oaths; Section 16(2)(b) to summon persons to attend and give evidence; and Section 16(2)(c) to order the production of documents. Section 16(3) All summonses and orders issued under the hand of the Chairperson or vice-Chairperson of the Board shall be deemed to be issued by the Board. Section 16(4) The Chairperson, or in his absence the vice-Chairperson, of the Board shall record or cause to be recorded a summary of any oral evidence given at an inquiry held by the Board. Section 16(5) Subject to this section and to any regulations made under section 22 , the Board shall have power to regulate its own procedure at an inquiry held by it. Section 16(6) For the purposes of Chapter XI of the Penal Code (Cap. 63), an inquiry held by the Board shall be deemed to be a judicial proceeding.
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REGISTRATION - 17. Disobedience of summons and refusal to give evidence
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If a person served with a summons or order under section 16 refuses or omits without sufficient cause to attend, answer questions, or produce specified documents, they commit an offence and may be fined up to one thousand shillings; persons giving evidence before the Board have the same privileges as witnesses before the High Court.

Section 17. Disobedience of summons and refusal to give evidence Section Any person upon whom summons or an order issued under section 16 has been served who refuses or omits without sufficient cause to attend at the time and place mentioned therein, or refuses without sufficient cause to answer fully and satisfactorily to the best of his knowledge and belief all questions put to him by or with the concurrence of the Board, or refuses or omits without sufficient cause to produce any documents in his possession or under his control which are specified in the order, shall be guilty of an offence and liable to a fine not exceeding one thousand shillings: Provided that every person giving evidence before the Board shall, in respect of any evidence given by him or any document produced by him, be entitled to all the privileges to which he would be entitled as a witness before the High Court.
18
REGISTRATION - 18. Appeals
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A person aggrieved by certain decisions of the Board may appeal to the High Court, whose order is final.

Section 18. Appeals Section 18(1) Any person aggrieved by a decision of the Board to refuse to register his name, or to remove the name of a registered geologist or a registered graduate geologist from the register, or to suspend the effect of registration of his name, or to refuse to restore his name to the register, may appeal to the High Court against the decision of the Board and in any such appeal the High Court may give such directions in the matter as it thinks proper, and any order of the High Court under this section shall be final. Section 18(2) The Board may appear as respondent and be heard on any appeal against its decision and, for the purpose of enabling directions to be given as to the costs of any such appeal, the Board shall be deemed to be a party thereto, whether or not it appears at the hearing of the appeal. Section 18(3) Until rules of court are made under the Judicature Act (Cap. 8), for such appeals, and subject to any such rules when made, the provisions of the Civil Procedure Act ( Cap. 21 ), shall apply as if the decision or direction of the Board were a decree of a court exercising original civil jurisdiction.

Part V

MISCELLANEOUS PROVISIONS

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MISCELLANEOUS PROVISIONS - 19. Effect of registration
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Persons entered in the register as registered geologists or registered graduate geologists are entitled to use the respective professional title and may offer services or employment in their registered geological discipline while their name remains on the register.

Section 19. Effect of registration Section 19(1) Every person whose name has been entered in the register as a registered geologist shall, so long as his name remains in the register as a registered geologist, be entitled to adopt and use the style and title "Registered Geologist", or such contraction thereof as the Board may approve, and to offer his services to the public for gain or reward or by way of trade in the geological discipline in which he is registered. Section 19(2) Every person whose name has been entered in the register as a registered geologist shall, so long as his name remains in the register as a registered graduate geologist, be entitled to adopt and use the style or title "Registered Graduate Geologist", or such contraction thereof as the Board may from time to time approve, and may offer his services for employment in the geological disciple in which he is registered.
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MISCELLANEOUS PROVISIONS - 20. Restrictions on use of titles or words to describe non-registered persons, etc.
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Section 20 prohibits persons from pretending to be registered geologists, using the title "geologist" to describe themselves in ways that imply registration (subject to section 23), holding themselves out as a geologist, registered graduate geologists pretending to be registered geologists, and registered persons pretending to be registered in disciplines in which they are not.

Section 20. Restrictions on use of titles or words to describe non-registered persons, etc. Section 20(1)(a) pretends to be a registered geologist or a registered graduate geologist; or Section 20(1)(b) subject to section 23 , takes or uses in any way the style or title of "geologist" in describing his occupation or his business or any other name, style, title, addition or description implying, whether in itself or in the circumstances in which it is used, that such person is a geologist; or Section 20(1)(c) in any way holds himself out to be a geologist of any description, Section 20(2)(a) being registered under this Act as a registered graduate geologist, in any way pretends to be or to act as a registered geologist; or Section 20(2)(b) being registered under this Act in one or more disciplines, pretends to be, or acts as if he was, registered in another discipline,
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MISCELLANEOUS PROVISIONS - 21. Dishonest practices
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Fraudulently makes, or causes or permits to be made, any false or incorrect entry in the register or any copy thereof.

Section 21. Dishonest practices Section fraudulently makes, or causes or permits to be made, any false or incorrect entry in the register or any copy thereof; or
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MISCELLANEOUS PROVISIONS - 22. Regulations
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Regulations concerning the conduct of the business of the Board and the procedure to be followed by the Board in any inquiry under this Act.

Section 22. Regulations Section the conduct of the business of the Board and the procedure to be followed by the Board in any inquiry under this Act;
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MISCELLANEOUS PROVISIONS - 23. Exemptions
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Section 23(1) exempts people registered under the Architects and Quantity Surveyors Act (Cap. 525) or Engineers Act (Cap. 530) from being prohibited or prosecuted for performing functions or exercising powers proper to their profession; Section 23(2) permits the Cabinet Secretary to exempt certain persons or classes (by regulation) in particular geological disciplines or occupations from complying with any or all provisions of this Act.

Section 23. Exemptions Section 23(1) Nothing in this Act shall prohibit or render liable to prosecution any person who is registered in accordance with the provisions of the Architects and Quantity Surveyors Act (Cap. 525), or Engineers Act (Cap. 530), from performing any function or exercising any power which he may properly perform as an architect, a quantity surveyor, or engineer as the case may be. Section 23(2) The Cabinet Secretary may by regulation made under section 22 exempt certain persons, or classes of persons in particular geological disciplines or in particular occupations or employment, from having to comply with any or all of the provisions of this Act.

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