Kenya Act or statute

Parliament of Kenya

Physical Planners Registration Act

This Act may be cited as the Physical Planners Registration Act. Defines terms used in the Act: "Board", "Cabinet Secretary", "register", "registered physical planner", and "Registrar". Establishe…

Jurisdiction: Kenya
Structure: 25 provisions
Citation: Cap. 536
Dates: As at 31 Dec 2022

More statute details

Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

Publicly available, excluded from search-engine indexing

This page remains available for direct research for the following reasons:

The record does not meet this release's canonical indexing criteria. (market-indexing-disabled)
The record does not meet this release's canonical indexing criteria. (emergency-noindex)

On this page

Professional statute overview

Enactment structure, operative effect and source provenance

Official source

Purpose and legislative effect

“This Act may be cited as the Physical Planners Registration Act.”

This Act may be cited as the Physical Planners Registration Act. Defines terms used in the Act: "Board", "Cabinet Secretary", "register", "registered physical planner", and "Registrar". Establishes the Physical Planners Registration Board and assigns it responsibilities including registering eligible physical planners, setting and conducting registration examinations, verifying applicants' qualifications and eligibility, and enquiring into and instituting disciplinary proceedings for professional misconduct. Members of the Board are exempt from personal liability for acts or defaults of the Board if those acts or defaults were done or omitted in good faith while carrying out the Board's functions or powers under this Act. Any person may, during normal office hours and on payment of the prescribed fee, inspect the register and may get a copy or extract from the Registrar.

How the instrument operates

01
Start with the recorded version

As at 31 Dec 2022. The date shown identifies this source expression and should not be treated as proof that no later change exists.
02
Locate the controlling provision

Use the provision map, part headings and full-text filter to move from the broad subject to the exact legal language.
03
Read conditions and exceptions together

Keep subsections, definitions, provisos and cross-references in context before drawing a legal conclusion.
04
Verify currency and official wording

Confirm later legislation, commencement notices and corrections with the official publisher before advice, filing or reliance.

Research entry points

Selected provisions across the instrument. Open any row to continue with the exact stored text.

PRELIMINARY - 1. Short title

This Act may be cited as the Physical Planners Registration Act.

Section 1

THE REGISTRAR AND THE REGISTER OF PHYSICAL PLANNERS - 12. Conditions and qualifications for registration

Sets the qualifications required for registration as a physical planner, requires two years' post-qualification experience to sit Board exams, and gives the Board power to assess conduct and postpone registration.

Section 12

THE REGISTRAR AND THE REGISTER OF PHYSICAL PLANNERS - 18. Procedure at inquiry

Section 18

THE REGISTRAR AND THE REGISTER OF PHYSICAL PLANNERS - 9. Publicationprima facieevidence of registration

A notice published under section 8 is prima facie evidence that the people named in it are registered physical planners, and deletion of a name from the register in such a notice is prima facie evidence that the person is not registered.

Section 9

MISCELLANEOUS - 25. Regulations

Regulations provide for the conduct of the business of the Board and the procedure to be followed by the Board at any inquiry under this Act.

Section 25

Source and current-law status

Source record view

Source record from new.kenyalaw.org · As at 31 Dec 2022

Verify current force

The source record does not state a definitive current-law status. Check the official publisher and later amendments before relying on this text.

For advice, pleadings, or compliance decisions, retain the official source and confirm the current consolidated provision.

Official record

Source-indexed provision map

Sections and provisions

Search by section, heading, part or exact legal wording. Every result remains linked to the stored source record.

Search within this statute

Search all stored provisions in this version.

Showing 25 of 25 provisions

Provision 17Offence 4Commencement 2Short title

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the Physical Planners Registration Act.

Section 1. Short title Section This Act may be cited as the Physical Planners Registration Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

Defines terms used in the Act: "Board", "Cabinet Secretary", "register", "registered physical planner", and "Registrar".

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Board" means the Physical Planners Registration Board established by section 3 ; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for physical planning; "register" means the register of physical planners kept in accordance with section 6 ; "registered physical planner" means a person whose name is for the time being entered in the register as a registered physical planner under section 7 ; "Registrar" means the Registrar of the Board appointed under section 5 .

Section 2Verify source

Part II

ESTABLISHMENT OF THE PHYSICAL PLANNERS REGISTRATION BOARD

§ 3ESTABLISHMENT OF THE PHYSICAL PLANNERS REGISTRATION BOARD - 3. Establishment and functions of the BoardProvision

Establishes the Physical Planners Registration Board and assigns it responsibilities including registering eligible physical planners, setting and conducting registration examinations, verifying applicants' qualifications and eligibility, and enquiring into and instituting disciplinary proceedings for professional misconduct.

Section 3. Establishment and functions of the Board Section 3(1) There is hereby established a Board, to be known as the Physical Planners Registration Board which shall be responsible for regulating the activities and conduct of physical planners registered in accordance with the provisions of this Act. Section 3(2)(a) be a body corporate with perpetual succession and a common seal; Section 3(2)(b) be capable of suing and being sued in its corporate name; Section 3(2)(c) be capable, for and in connection with the carrying out of the purposes of this Act, of acquiring, holding and disposing of movable and immovable property. Section 3(3) The provisions of the Schedule shall apply to the constitution, meetings and other matters provided for in that Schedule. Section 3(4)(a) register all eligible persons to practise as physical planners in accordance with the provisions of this Act; Section 3(4)(b) set and conduct examinations for purposes of registration of members; Section 3(4)(c) verify the qualifications and eligibility of the applications seeking registration with the Board; and Section 3(4)(d) enquire into the professional misconduct of a member and institute disciplinary proceedings against such member in accordance with the provisions of this Act.

Section 3Verify source

§ 4ESTABLISHMENT OF THE PHYSICAL PLANNERS REGISTRATION BOARD - 4. Limitation of liability of members of the BoardProvision

Members of the Board are exempt from personal liability for acts or defaults of the Board if those acts or defaults were done or omitted in good faith while carrying out the Board's functions or powers under this Act.

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

Section 4Verify source

Part III

THE REGISTRAR AND THE REGISTER OF PHYSICAL PLANNERS

§ 10THE REGISTRAR AND THE REGISTER OF PHYSICAL PLANNERS - 10. Inspection of registerProvision

Any person may, during normal office hours and on payment of the prescribed fee, inspect the register and may get a copy or extract from the Registrar.

Section 10. Inspection of register Section Any person may, during normal office hours and on payment of the prescribed fee, inspect the register or any document or entry in the register and may obtain from the Registrar a copy of, or an extract from, the register or any such document.

Section 10Verify source

§ 11THE REGISTRAR AND THE REGISTER OF PHYSICAL PLANNERS - 11. Proof of documentsProvision

A document certified by the Registrar as a true copy or extract of the register or any document kept or published by the Registrar is admissible as prima facie evidence of its contents; the Registrar may also be required to produce the register or appear as a witness under subsection (2).

Section 11. Proof of documents Section 11(1) In any legal proceedings a document purporting to be a copy of, or an extract from, the register or any document kept or published by the Registrar which is 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 11(2)(a) to produce the register or any document if its contents can be proved under subsection (1); or Section 11(2)(b) to appear as witness to prove an entry in the register or the matters recorded in the register or any document, unless the court for special cause so orders.

Section 11Verify source

§ 12THE REGISTRAR AND THE REGISTER OF PHYSICAL PLANNERS - 12. Conditions and qualifications for registrationCommencement

Section 12. Conditions and qualifications for registration Section 12(1)(a) he is the holder of a bachelor’s or postgraduate degree in urban or regional planning or both from any university which is recognized for the time being by the Board and has passed an examination prescribed by the Board; Section 12(1)(b) he has been admitted as a corporate member of an approved professional institution whose qualifications for such admission are not less than those prescribed in paragraph (a); or Section 12(1)(c) if before the commencement of this Act he is a corporate member of the Architectural Association of Kenya (Town Planning Chapter). Section 12(2) A person shall not be eligible to take the examinations prescribed by the Board unless he has had two years post qualification practical experience in physical planning. Section 12(3) Notwithstanding the fact that an applicant is qualified in terms of subsection (1), the Board may require the applicant to satisfy the Board that his professional and general conduct has been such that, in the opinion of the Board, he is a fit and proper person to be registered under this Act and the Board may direct the Registrar to postpone the registration of the applicant until it is so satisfied.

Section 12Verify source

§ 13THE REGISTRAR AND THE REGISTER OF PHYSICAL PLANNERS - 13. Acceptance for registrationProvision

The Board must consider applications under section 12 and, if satisfied the applicant is qualified, accept the applicant for registration; after acceptance the Board must direct the Registrar to enter the applicant's name in the register; the Board's consideration may not be delegated to any committee.

Section 13. Acceptance for registration Section 13(1) An application made to the Board under section 12 shall be considered by the Board and if it is satisfied that the applicant is so qualified it shall accept the applicant for registration. Section 13(2) When the Board has accepted an applicant for registration it shall direct the Registrar to enter the name of the applicant in the register. Section 13(3) The consideration of an application under this section shall be done by the Board and shall not be delegated to any committee of the Board.

Section 13Verify source

§ 14THE REGISTRAR AND THE REGISTER OF PHYSICAL PLANNERS - 14. Registration in exceptional circumstancesProvision

To register in exceptional circumstances, the applicant must meet the listed qualifications and file a prescribed-form application with the prescribed fee and documentary evidence; the Board may require the applicant to appear.

Section 14. Registration in exceptional circumstances Section 14(1)(a) that he is qualified under section 12 ; Section 14(1)(b) that he is not ordinarily resident in Kenya; and Section 14(1)(c) that he is or intends to be resident in Kenya and engage in practice as a physical planner for the specific work for which he has been engaged, Section 14(2) An application for registration under this section shall be made in the prescribed form accompanied by the prescribed fee and a documentary evidence of the applicant’s work or employment immediately prior to his coming to Kenya and the Board may require him to appear before it for the purposes of considering his application.

Section 14Verify source

§ 15THE REGISTRAR AND THE REGISTER OF PHYSICAL PLANNERS - 15. Removal of names from registerOffence

Lists grounds under which a name may be removed from the register and requires the Registrar to inform the removed registrant in writing and to publish the person's name, address and qualifications in the Gazette.

Section 15. Removal of names from register Section 15(1)(a) died; or Section 15(1)(b) failed to pay the prescribed fee; or Section 15(1)(c) 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 15(1)(d) requested his name to be removed from the register; or Section 15(1)(e) had his name entered in the register by mistake or by reason of any false or misleading information; or Section 15(1)(f) had his qualification under section 12 withdrawn or cancelled by the body through which it was acquired or by which it was awarded; or Section 15(1)(g) been adjudged bankrupt; or Section 15(1)(h) been found by the Board to be guilty of an act or omission prejudicial to the public interest or misconduct under section 23 ; or Section 15(1)(i) been convicted of an offence under this Act; or Section 15(1)(j) being a company, been placed under receivership or in liquidation whether compulsorily or voluntarily, Section 15(2) Except in the circumstances specified in subsection (1)(a) a registered physical planner whose name is removed from the register shall be informed in writing by the Registrar of the removal of his name by a registered letter sent to the address appearing against his name in the register. Section 15(3) The Registrar shall cause to be published in the Gazette as soon as practicable, the name, address and qualifications of a person whose name is removed from the register under this section.

Section 15Verify source

§ 16THE REGISTRAR AND THE REGISTER OF PHYSICAL PLANNERS - 16. Restoration of names on registerProvision

The Board may direct whether a removed physical planner's name is confirmed removed, restored, or have a suspension terminated, and its direction may set an effective date and require payment of a fee not exceeding the prescribed registration-application fee.

Section 16. Restoration of names on register Section 16(1) Where the name of a registered physical planner has been removed from the register under section 15 or section 17 (c) his name shall not again be entered on the register unless the Board otherwise directs. Section 16(2)(a) the removal from the register be confirmed; or Section 16(2)(b) the name of that physical planner be restored on the register; or Section 16(2)(c) the suspension of the registration of that physical planner be terminated. Section 16(3) A direction given by the Board under subsection (2) may include the date upon which restoration on the register or the termination of a suspension of the registration shall take effect and for the payment by the physical planner concerned of such fee, not exceeding the fee payable in respect of an application for registration as the Board may prescribe.

Section 16Verify source

§ 17THE REGISTRAR AND THE REGISTER OF PHYSICAL PLANNERS - 17. Suspension of registration, etc.Provision

Section mentions caution or censure of the registered physical planner.

Section 17. Suspension of registration, etc. Section caution or censure the registered physical planner; or

Section 17Verify source

§ 18THE REGISTRAR AND THE REGISTER OF PHYSICAL PLANNERS - 18. Procedure at inquiryProvision

Section 18 governs procedure at inquiries: registered physical planners who are subjects of inquiries may appear in person or by advocate; the Chairperson (or vice-Chairperson) must record summaries of oral evidence; the Board must notify concerned persons by registered letter at least twenty-one days before an inquiry; and the Board has power to regulate its own procedure (subject to section 25).

Section 18. Procedure at inquiry Section 18(1) A registered physical planner who is the subject of an inquiry held under this Act may appear at the hearing in person or by an advocate representing him. Section 18(2)(a) to administer oaths; Section 18(2)(b) to summon persons to attend and give evidence; and Section 18(2)(c) to order the production of documents. Section 18(3) Any summons or order issued under the hand of the Chairperson or the vice-Chairperson shall be deemed to have been issued by the Board. Section 18(4) The Chairperson, or in his absence the vice-Chairperson, shall record or cause to be recorded a summary of any oral evidence given at an inquiry held by the Board. Section 18(5) Subject to this section and to any regulations made under section 25 , the Board shall have power to regulate its own procedure. Section 18(6) For the purposes of an inquiry held under this Act the Board shall, not less than twenty-one days prior to the date of the inquiry, notify by registered letter all the persons concerned. Section 18(7)(a) refuses or neglects without sufficient cause to attend at the inquiry; or Section 18(7)(b) 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 Section 18(7)(c) refuses or omits without sufficient cause to produce any document in his possession or under his control which is specified in the summons or order,

Section 18Verify source

§ 19THE REGISTRAR AND THE REGISTER OF PHYSICAL PLANNERS - 19. Appeals against refusal to register, etc.Provision

Appeals against refusal to register.

Section 19. Appeals against refusal to register, etc. Section refusing to register his name;

Section 19Verify source

§ 5THE REGISTRAR AND THE REGISTER OF PHYSICAL PLANNERS - 5. Appointment of RegistrarProvision

The Cabinet Secretary must appoint a public officer as the Registrar of the Board; that Registrar must hold and vacate office according to the terms of appointment.

Section 5. Appointment of Registrar Section The Cabinet Secretary shall appoint a public officer as the Registrar of the Board who shall hold and vacate his office in accordance with the terms of his appointment.

Section 5Verify source

§ 6THE REGISTRAR AND THE REGISTER OF PHYSICAL PLANNERS - 6. Register of Physical PlannersProvision

The Registrar must enter any changes to the particulars recorded under subsection (1) into the register.

Section 6. Register of Physical Planners Section 6(1)(a) the date of the entry in the register; Section 6(1)(b) his address; Section 6(1)(c) his qualifications; and Section 6(1)(d) such other particulars as the Board may from time to time direct. Section 6(2) All changes in the particulars recorded under subsection (1) shall be entered in the register by the Registrar.

Section 6Verify source

§ 7THE REGISTRAR AND THE REGISTER OF PHYSICAL PLANNERS - 7. Certificate of registrationOffence

The Registrar must issue a certificate of registration to a person whose name is entered in the register; the certificate remains Board property. If a name is removed the Board must notify the person (or their personal representative) and require surrender; failure to surrender within 21 days is an offence punishable by a fine up to one hundred thousand shillings or imprisonment up to twelve months or both. Certificates are valid for one year, renewable on payment of the prescribed fee; duplicates may be issued on proof of loss and payment of the prescribed fee.

Section 7. Certificate of registration Section 7(1) Where the name of a person has been entered in the register, the Registrar shall issue a certificate of registration in the prescribed form to that person but the certificate shall remain the property of the Board. Section 7(2) Where the name of a person has been removed from the register, the Board shall give notice to that person by registered post or, if he is dead, to his legal personal representative, requiring the certificate of registration to be surrendered to the Board. Section 7(3) A person who fails to comply with the requirements of a notice given under subsection (2) within twenty-one days after the receipt by him of the notice shall be guilty of an offence and liable to a fine not exceeding one hundred thousand shillings or to imprisonment not exceeding twelve months or to both. Section 7(4) A certificate of registration issued by the Registrar shall be valid for one year, and shall be renewable on the payment of the prescribed fee but where the prescribed fee has been paid in advance of the renewal date and there is no order that the name of the holder of the certificate be removed from the register, the certificate shall remain in force until it again becomes due for renewal. Section 7(5) If a certificate of registration is lost or destroyed and the loss or destruction is proved to the satisfaction of the Board, the Registrar shall issue a duplicate of the certificate to the registered physical planner concerned on payment of the prescribed fee.

Section 7Verify source

§ 8THE REGISTRAR AND THE REGISTER OF PHYSICAL PLANNERS - 8. Publication of register and listProvision

The Registrar must publish in the Gazette the names, addresses and qualifications of registered physical planners after they are entered in the register and publish an annual notice at the beginning of each year.

Section 8. Publication of register and list Section 8(1) The Registrar shall cause to be published in the Gazette , as soon as may be practicable after entry in the register, the name, address and qualification of each registered physical planner and, subject to the directions of the Board, he may cause to be so published any amendments to the register. Section 8(2) The Registrar shall cause to be published in the Gazette at the beginning of each year a notice of the names, addresses and qualifications of all registered physical planners, entered in the register.

Section 8Verify source

§ 9THE REGISTRAR AND THE REGISTER OF PHYSICAL PLANNERS - 9. Publicationprima facieevidence of registrationProvision

Section 9. Publicationprima facieevidence of registration Section A notice published under section 8 shall be prima facie evidence that the persons named therein are registered physical planners and the deletion from the register of the name of any person from a notice, shall be prima facie evidence that the person is not registered.

Section 9Verify source

Part IV

MISCELLANEOUS

§ 20MISCELLANEOUS - 20. Effect of registrationOffence

Registered persons may use the title "Registered Physical Planner" while their name remains on the register; others who use the title or represent themselves as a registered physical planner in contravention are guilty of an offence punishable by a fine up to one hundred thousand shillings or imprisonment up to twelve months or both.

Section 20. Effect of registration Section 20(1) A person whose name has been entered in the register shall so long as his name remains on the register, be entitled to adopt and use the title "Registered Physical Planner" or such contraction thereof as the Board may approve. Section 20(2) Any person who adopts or uses the title "Registered Physical Planner" or practises or holds himself out as a registered physical planner in contravention of subsection (1) shall be guilty of an offence and liable to a fine not exceeding one hundred thousand shillings or to imprisonment not exceeding twelve months or to both.

Section 20Verify source

§ 21MISCELLANEOUS - 21. Unregistered persons not to practise as physical plannersOffence

Individuals, partnerships and bodies corporate must not carry on business as registered physical planners unless the relevant persons are registered physical planners; contravention is an offence punishable by a fine not exceeding twenty thousand shillings or imprisonment not exceeding twelve months or both.

Section 21. Unregistered persons not to practise as physical planners Section 21(1)(a) no individual shall carry on business as a registered physical planner unless he is a registered physical planner under this Act; Section 21(1)(b) no partnership shall carry on business as registered physical planners unless all the partners whose occupation involves the preparation of plans in respect of land under the Physical and Land Use Planning Act (Cap. 303) and are registered physical planners; Section 21(1)(c) no body corporate shall carry on business as registered physical planner unless the directors thereof whose occupation involves the preparation of plans in respect of land under the Physical and Land Use Planning Act (Cap. 303) and are registered physical planners. Section 21(2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding twelve months or to both.

Section 21Verify source

§ 22MISCELLANEOUS - 22. Carrying on practice for purposes of winding up, etc.Commencement

If a registered physical planner stops carrying on business because of death, insolvency or being adjudged of unsound mind, a registered physical planner appointed to administer the property may carry on the business to wind up or dispose of it.

Section 22. Carrying on practice for purposes of winding up, etc. Section Notwithstanding any other provisions of this Act, where a person ceases to carry on business as a registered physical planner by reason of his death or insolvency, or by reason of having been adjudged to be of unsound mind, the business may be carried on for the purposes of winding up or being disposed of by a registered physical planner appointed in that behalf by the person for the time being authorized by law to deal with the administration of the property of such person for a period not exceeding twelve months from the date of the death or commencement of the disability.

Section 22Verify source

§ 23MISCELLANEOUS - 23. Dishonest practicesProvision

Prohibits fraudulently making, causing, or permitting any false or incorrect entry in the register or any copy of it.

Section 23. 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

Section 23Verify source

§ 24MISCELLANEOUS - 24. FinanceProvision

Finance Section must make grants to the Board as may be necessary to enable the Board to discharge its functions under this Act.

Section 24. Finance Section make to the Board such grants as may be necessary to enable it to discharge its functions under this Act;

Section 24Verify source

§ 25MISCELLANEOUS - 25. RegulationsProvision

Regulations provide for the conduct of the business of the Board and the procedure to be followed by the Board at any inquiry under this Act.

Section 25. Regulations Section provide for the conduct of the business of the Board and the procedure to be followed by the Board at any inquiry under this Act;

Section 25Verify source

Legislative relationships

1 referenced instrument

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

Board and the procedure to be followed by the Board at any inquiry under this Act
Section 25

Recorded versions and source checkpoint

1 version available in this collection

Current-law checkpoint

31 Dec 2022 · currentEnglish

This relationship view does not by itself establish whether another instrument remains in force.

Check official source

Source-linked research

Ask AI about this statute

The overview, provisions, and source records above are public. Continue in a separate conversation with this statute’s jurisdiction and source version attached.