Kenya Act or statute

Parliament of Kenya

Supplies Practitioners Management Act

Jurisdiction: Kenya
Structure: 39 provisions
Citation: Cap. 537
Dates: As at 31 Dec 2022

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Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

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“This Act may be cited as the Supplies Practitioners Management Act.”

This Act may be cited as the Supplies Practitioners Management Act. Defines terms used in the Act: "approved training institution", "Cabinet Secretary", "Council", "Disciplinary Committee", "Institute", "member of the Institute", and "supplies practitioner". The Institute must appoint officers and other staff necessary to discharge its functions, on terms the Council may determine. Members of the Council and officers, employees or agents of the Institute are not personally liable for actions done bona fide in execution of the Institute's functions, powers or duties. Persons registered under this Act are members of the Institute; the Institute has categories of Fellows, Members and Associate Members; the Council may invite members to be Fellows and members must pay fees determined by the Council.

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PRELIMINARY PROVISIONS - 1. Citation

This Act may be cited as the Supplies Practitioners Management Act.

Section 1

ADMINISTRATIVE PROVISIONS - 7. Delegation of the powers of the Institute

The Institute may delegate any of its powers under this Act to committees of the Council or to members, officers, employees or agents of the Institute, subject to the Act.

Section 7

EXAMINATION, REGISTRATION AND LICENSING - 18. Certificate of registration

The Institute must issue a certificate in the prescribed form to every person registered under this Act.

Section 18

FINANCIAL PROVISIONS - 28. Accounts and audit

Requires the Institute to approve annual estimates before the financial year starts; requires the Institute to keep proper accounting records; requires the accounts to be audited by an auditor appointed at the Institute's annual general meeting.

Section 28

MISCELLANEOUS PROVISIONS - 37. Examination offences

Gains access to examinations material and knowingly reveals the contents, whether orally, in writing or through any other form, to an unauthorized party, whether a candidate or not;

Section 37

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Showing 39 of 39 provisions

Provision 27Offence 9Commencement 2Interpretation

Part I

PRELIMINARY PROVISIONS

§ 1PRELIMINARY PROVISIONS - 1. CitationProvision

This Act may be cited as the Supplies Practitioners Management Act.

Section 1. Citation Section This Act may be cited as the Supplies Practitioners Management Act.

Section 1Verify source

§ 2PRELIMINARY PROVISIONS - 2. InterpretationInterpretation

Defines terms used in the Act: "approved training institution", "Cabinet Secretary", "Council", "Disciplinary Committee", "Institute", "member of the Institute", and "supplies practitioner".

Section 2. Interpretation Section In this Act unless the context otherwise requires - "approved training institution" means such institution within or outside Kenya as may be approved by the Institute by notice; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to finance; "Council" means the Council constituted under section 4 of this Act; "Disciplinary Committee" means the disciplinary committee established under section 22 of the Act; "Institute" means the Kenya Institute of Supplies Management established under section 3 of this Act; "member of the Institute" means a member of the Institute registered under section 16 of the Act; "supplies practitioner" means a person registered as a supplies practitioner under section 16 . [Act No. 6 of 2009 , Sch.]

Section 2Verify source

Part II

ADMINISTRATIVE PROVISIONS

§ 10ADMINISTRATIVE PROVISIONS - 10. Staff of the InstituteProvision

The Institute must appoint officers and other staff necessary to discharge its functions, on terms the Council may determine.

Section 10. Staff of the Institute Section The Institute shall appoint such officers and other staff as are necessary for the proper discharge of its functions under this Act, upon such terms and conditions as the Council may determine.

Section 10Verify source

§ 11ADMINISTRATIVE PROVISIONS - 11. Protection from personal liabilityProvision

Members of the Council and officers, employees or agents of the Institute are not personally liable for actions done bona fide in execution of the Institute's functions, powers or duties.

Section 11. Protection from personal liability Section No matter or thing done by a member of the Council or by any officer, employee or agent of the Institute shall, if the matter or thing is done bona fide for executing the functions, powers or duties of the Institute, render the member, officer, employee or agent personally liable to any action, claim or demand whatsoever.

Section 11Verify source

§ 3ADMINISTRATIVE PROVISIONS - 3. Establishment of the InstituteProvision

Establishes the Kenya Institute of Supplies Management and grants it powers including suing and being sued; purchasing, acquiring, holding or disposing of property; and performing acts necessary for carrying out its functions.

Section 3. Establishment of the Institute Section 3(1) There is hereby established an Institute to be known as the Kenya Institute of Supplies Management. Section 3(2)(a) suing and being sued; Section 3(2)(b) purchasing, acquiring, holding or disposing of property; Section 3(2)(c) doing or performing all such other acts necessary for the proper performance of its functions under the Act.

Section 3Verify source

§ 3AADMINISTRATIVE PROVISIONS - 3A. Membership of the InstituteProvision

Persons registered under this Act are members of the Institute; the Institute has categories of Fellows, Members and Associate Members; the Council may invite members to be Fellows and members must pay fees determined by the Council.

Section 3A. Membership of the Institute Section 3A(1) A person who is registered under this Act shall be a member of the Institute. Section 3A(2)(a) Fellows, comprising those persons who become Fellows pursuant to an invitation under subsection (3), each of whom shall be titled "Fellow of the Kenya Institute of Supplies Management"; (designatory letters F.K.I.S.M); Section 3A(2)(b) members, comprising those members of the Institute who are registered under section 16 , each of whom shall be titled "Member of the Kenya Institute of Supplies Management." (designatory letters M.K.I.S.M); Section 3A(2)(c) associate members, comprising persons eligible to be registered under section 16 but who do not meet all the requirements prescribed under subsection (1) of that section. Section 3A(3) Where the Council considers that a member of the Institute has rendered outstanding services to the supplies profession, the Council may invite the member to become a Fellow. Section 3A(4) Members of the Institute shall pay such fees and subscriptions as the Council may determine. [Act No. 6 of 2009 , Sch.]

Section 3AVerify source

§ 3BADMINISTRATIVE PROVISIONS - 3B. Honorary FellowsProvision

The Council may invite a non-member who has rendered exceptional services to become an Honorary Fellow; an Honorary Fellow shall not be a member of the Institute.

Section 3B. Honorary Fellows Section 3B(1) Where the Council considers that a person, not being a member of the Institute, has rendered exceptional services to the Institute or the procurement and supplies management profession, the Council may invite the person to become an Honorary Fellow of the Institute. Section 3B(2) An Honorary Fellow shall not be a member of the Institute. [Act No. 6 of 2009 , Sch.]

Section 3BVerify source

§ 4ADMINISTRATIVE PROVISIONS - 4. Composition of CouncilProvision

Section 4 sets out the Council's composition (Chairperson, Principal Secretary (Finance), Director-General (PPRA), and six elected members), eligibility for the Chairperson, election by institute members, election procedure by regulations, three-year terms and one re-election.

Section 4. Composition of Council Section 4(1)(a) a Chairperson, who shall be a member of the Institute with at least five years experience, elected by the members of the Institute; Section 4(1)(b) the Principal Secretary in the Ministry responsible for Finance; Section 4(1)(c) the Director-General of the Public Procurement Regulatory Authority; and Section 4(1)(d) six other members elected by members of the Institute. Section 4(1A) The Chairperson and the members of the Council referred to in paragraph (d) shall be elected by the members of the Institute specified in section 3A(2)(a) and (b) and in the manner prescribed by regulations. Section 4(2) The Chairperson and every member appointed under subsection (1)(d) shall hold office for a term of three years and shall be eligible for re-election for one further term of three years. Section 4(3) All appointments under this section shall be notified in the Kenya Gazette . [Act No. 6 of 2009 , Sch.]

Section 4Verify source

§ 5ADMINISTRATIVE PROVISIONS - 5. Functions of the InstituteProvision

The Institute must set, monitor, improve and publish standards for supplies practitioners and safeguard their interests.

Section 5. Functions of the Institute Section establish, monitor, improve and publish the standards of the supplies practitioners profession and safeguard the interest of all supplies practitioners;

Section 5Verify source

§ 6ADMINISTRATIVE PROVISIONS - 6. Conduct of business and affairs of the CouncilProvision

The conduct and regulation of the Council's business and affairs must follow the First Schedule to this Act.

Section 6. Conduct of business and affairs of the Council Section The conduct and regulation of the business and affairs of the Council shall be as provided in the First Schedule to this Act.

Section 6Verify source

§ 7ADMINISTRATIVE PROVISIONS - 7. Delegation of the powers of the InstituteProvision

The Institute may delegate any of its powers under this Act to committees of the Council or to members, officers, employees or agents of the Institute, subject to the Act.

Section 7. Delegation of the powers of the Institute Section Subject to this Act, the Institute may either generally or in any particular case, delegate to any committee of the Council or to any member, officer, employee or agent of the Institute, the exercise of any of the powers of the Institute under this Act.

Section 7Verify source

§ 8ADMINISTRATIVE PROVISIONS - 8. Remuneration of Council membersProvision

The Institute shall pay its Council members remuneration or allowances for expenses as the Cabinet Secretary may approve.

Section 8. Remuneration of Council members Section The Institute shall pay to its Council members such remuneration, or allowances for expenses as the Cabinet Secretary may approve. [Act No. 6 of 2009 , Sch.]

Section 8Verify source

§ 9ADMINISTRATIVE PROVISIONS - 9. The Chief Executive OfficerProvision

The Institute must have a Chief Executive Officer competitively appointed by the Council; the Council must determine the CEO's terms in the instrument of appointment; the CEO must manage the Institute's affairs and serve as Secretary to the Council, subject to the Council's directions.

Section 9. The Chief Executive Officer Section 9(1) There shall be a Chief Executive Officer of the Institute who shall be competitively appointed by the Council and whose terms and conditions of service shall be determined by the Council in the instrument of appointment. Section 9(2) The Chief Executive Officer shall, subject to the directions of the Council, be responsible for the management of the affairs of the Institute and shall be the Secretary to the Council.

Section 9Verify source

Part III

EXAMINATION, REGISTRATION AND LICENSING

§ 12EXAMINATION, REGISTRATION AND LICENSING - 12. Examination committeeProvision

Establishes the Kenya Institute of Supplies Examination Board as a body corporate and sets out its powers and the composition of the Examinations Board including specific nominating authorities and a gender-balance requirement for Council nominations.

Section 12. Examination committee Section 12(1) There is hereby established a Board to be known as the Kenya Institute of Supplies Examination Board, which shall be a body corporate. Section 12(1A)(a) suing and being sued; Section 12(1A)(b) purchasing, acquiring, holding or disposing of property; Section 12(1A)(c) doing or performing all such other acts necessary for the proper performance of its functions under this Act. Section 12(2)(a) five persons who shall be qualified supplies practitioners, nominated by the Council, one of whom shall be appointed by the Council from amongst the members of the Institute as Chairperson of the Examinations Board; Section 12(2)(b) two persons nominated by the Cabinet Secretary responsible for education, one of whom shall be from the Kenya Institute of Education and the other from the Kenya National Examination Council; Section 12(2)(c) one person nominated by the Commission for Higher Education; Section 12(2)(d) one person nominated by the Director-General of the Public Procurement Regulatory Authority; Section 12(2)(e) one person nominated by the local universities; and Section 12(2)(f) one person nominated by the Kenya Private Sector Alliance. Section 12(3) In nominating the persons under subsection (2)(a) the Council shall have regard to gender balance. [Act No. 6 of 2009 , Sch.]

Section 12Verify source

§ 13EXAMINATION, REGISTRATION AND LICENSING - 13. Functions of the examinations BoardProvision

The Examinations Board must prescribe and regulate syllabuses of instruction for professional certification for people seeking registration under the Act.

Section 13. Functions of the examinations Board Section prescribe and regulate syllabuses of instruction for professional supplies certification for persons seeking registration under the Act;

Section 13Verify source

§ 14EXAMINATION, REGISTRATION AND LICENSING - 14. SecretaryProvision

Establishes a Secretary who is an officer of the Examinations Board and requires the Secretary to manage the Board's day-to-day affairs and perform functions the Board determines.

Section 14. Secretary Section 14(1) There shall be a secretary who shall be an officer of the Examinations Board. Section 14(2) The secretary shall be responsible for the day to day affairs of the Examination Board and shall exercise and perform any such functions as the Board may from time to time determine.

Section 14Verify source

§ 15EXAMINATION, REGISTRATION AND LICENSING - 15. Registration committeeProvision

Establishes the Registration Committee, lists its membership, and sets out the Committee's functions including receiving and approving registration applications, monitoring standards, prescribing quality-assurance regulations, recommending referrals for inquiry, advising the Council, and performing related functions.

Section 15. Registration committee Section 15(1) There is hereby established the Registration Committee. Section 15(2)(a) a Chairperson who shall be appointed by the Council from amongst members of the Council; Section 15(2)(b) two persons who shall be qualified supplies practitioners appointed by the Council from amongst the members of the Institute; Section 15(2)(c) one person nominated by the Federation of Kenya Employers; Section 15(2)(d) the Attorney-General or his representative nominated by him in writing; Section 15(2)(e) one person nominated by the Kenya National Examination Council; Section 15(2)(f) one person nominated by the Director-General of the Public Procurement Regulatory Authority; Section 15(2)(g) the Registrar, appointed by the Cabinet Secretary on the recommendation of the Council. Section 15(3)(a) receive applications for registration; Section 15(3)(b) approve applications for registration and grant of practising certificates and licenses in accordance with the provision of this Act; Section 15(3)(c) monitor compliance with professional, quality assurance and other standards published by the Council for observance by the members of the Institute; Section 15(3)(d) prescribe regulations to govern quality assurance programmes including actions necessary to rectify deviations from published standards; Section 15(3)(e) where appropriate and based on the results of a quality assurance investigation recommend to the Council that a member's conduct be referred for inquiry under section 23 ; Section 15(3)(f) advise the Council on matters pertaining to professional and other standards necessary for the achievement of quality assurance; Section 15(3)(g) perform any other functions connected therewith or incidental thereto.

Section 15Verify source

§ 16EXAMINATION, REGISTRATION AND LICENSING - 16. Persons entitled to be registeredOffence

Sets criteria and disqualifications for registration and licensing of supplies practitioners, allows the Registration Committee to require applicants to satisfy local-law knowledge and fitness, provides exceptions to disqualification, prescribes offence for false registration, and requires deregistration on certain events.

Section 16. Persons entitled to be registered Section 16(1)(a) he has successfully undergone a prescribed certificate, diploma, degree or research course of instruction and has passed the appropriate examination conducted or prescribed by the Institute; or Section 16(1)(b) has undergone a certificate, diploma, degree or research course of training and passed an examination elsewhere than in Kenya, which the Institute recognizes as equivalent to the training and instruction required in the case of persons trained in Kenya and as equivalent to the qualification by examination required under the Act. Section 16(2) A person engaged in supplies practice immediately before the enactment of this Act shall be eligible to be registered if he is, in the opinion of the Council, of good conduct, has met such professional qualifications as shall be prescribed by the Council and has paid the prescribed registration fee. Section 16(3) Notwithstanding subsections (1) and (2) the Registration Committee may require a person making application for registration to satisfy the Registration Committee (in such manner as it directs) that his knowledge of local law relating to supplies practice is and that his professional conduct and general character have been such as in the opinion of the Registration Committee, makes him a fit and proper person to be registered. Section 16(4)(a) is convicted by a court of competent jurisdiction in Kenya or elsewhere of an offence involving fraud, dishonesty or moral turpitude; Section 16(4)(b) has at any time been convicted of an offence under the Anti-Corruption and Economic Crimes Act (Cap. 65); Section 16(4)(c) is an un-discharged bankrupt; Section 16(4)(d) has not attained the age of eighteen years; Section 16(4)(e) has at any time been convicted of an offence under this Act or the Public Procurement and Asset Disposal Act (Cap. 412C); Section 16(4)(f) if in the opinion of a certified medical doctor, the person is incapable of performing his duties by reason of mental or physical infirmity. Section 16(5)(a) the period which has elapsed since the conviction concerned; or Section 16(5)(b) the circumstances of the offence, determines that it would be unreasonable to so treat him. Section 16(6) A person shall not be treated as disqualified under subsection (4)(c) if the Registration Committee is satisfied and the bankruptcy of the person concerned arose as a result of unavoidable losses or misfortunes. Section 16(7) A person shall not be treated as being disqualified under subsection (4)(a), (b) and (e) if the High Court allows an appeal. Section 16(8) A person who secures registration or a license knowing that he is not eligible to hold one shall be guilty of an offence and liable to a fine not exceeding one hundred thousand shillings. Section 16(9) A supplies practitioner shall be deregistered and forfeit his license upon the happening of any event specified or contemplated by subsection (4)(a), (b) or (c). Section 16(10) A member of the Institute shall be required to undergo such continuous professional development programmes as may be prescribed by the Council.

Section 16Verify source

§ 17EXAMINATION, REGISTRATION AND LICENSING - 17. Registration of supplies practitionersProvision

Eligible persons must apply in the prescribed form to the committee for registration, and the application must be accompanied by the prescribed fee.

Section 17. Registration of supplies practitioners Section A person eligible to be registered as a supplies practitioner shall apply in the prescribed form to the committee for registration, and the application shall be accompanied by the prescribed fee.

Section 17Verify source

§ 18EXAMINATION, REGISTRATION AND LICENSING - 18. Certificate of registrationProvision

The Institute must issue a certificate in the prescribed form to every person registered under this Act.

Section 18. Certificate of registration Section The Institute shall issue to every person registered under this Act, a certificate in the prescribed form.

Section 18Verify source

§ 19EXAMINATION, REGISTRATION AND LICENSING - 19. Correction of registerOffence

The Registrar must keep a register of Institute members; the Institute may correct entries on the Registrar's recommendation and may remove a person's name with that person's consent.

Section 19. Correction of register Section 19(1) The Registrar shall cause to be kept a register of the members of the Institute. Section 19(1A) The Institute may on the recommendation of the Registrar, make necessary alterations and corrections in the register in relation to any entry therein. Section 19(2)(a) the names of a deceased person; Section 19(2)(b) the name of a person convicted of an offence under the Act; Section 19(2)(c) the name of a person whose name the Council has under section 23 directed to be struck of the register; or Section 19(2)(d) an entry which has been incorrectly or fraudulently made in the register. Section 19(3) The Institute may with the consent of the person concerned, remove from the register the name of a person who has ceased to be a supplies practitioner. [Act No. 6 of 2009 , Sch.]

Section 19Verify source

§ 20EXAMINATION, REGISTRATION AND LICENSING - 20. LicensingCommencement

After twelve months from commencement, a person must not practice as a supplies practitioner unless they have a registration certificate and practising license issued by the Institute; holders seeking to practise as a firm must apply to the Registration Committee; contravention attracts a fine or imprisonment.

Section 20. Licensing Section 20(1) After the expiry of twelve months from the commencement of this Act, no person shall engage in the business of a supplies practitioner unless he has been duly issued with a registration certificate and a practising license by the Institute in accordance with this Act. Section 20(2) Where the holder of a registration certificate intends to practice as a firm whether as a sole practitioner or in partnership or as a body corporate he shall apply to the Registration Committee for a supplies practitioner's license in the prescribed form. Section 20(3)(a) he holds a valid Registration certificate; Section 20(3)(b) he meets other requirements as may be prescribed by the Council. Section 20(4) A supplies practitioner's license shall be in the prescribed form and shall be issued upon the payment of the prescribed fee. Section 20(5) A supplies practitioner's license may be issued subject to such terms and conditions as the Institute may prescribe. Section 20(6) Any person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings, or imprisonment for a period not exceeding three years, or to both such fine and imprisonment.

Section 20Verify source

§ 21EXAMINATION, REGISTRATION AND LICENSING - 21. Validity of licenseProvision

A licence granted under this Act is valid for one year; it may be renewed for a further period not exceeding one year on expiry; if not renewed the holder's name is removed from the record.

Section 21. Validity of license Section 21(1) A license granted under this Act shall be valid for one year. Section 21(2) On expiry, a license may be renewed for such further period, not exceeding one year. Section 21(3) Where a license expires and is not renewed, the name of the holder of the license shall be removed from the appropriate record.

Section 21Verify source

Part IV

DISCIPLINE

§ 22DISCIPLINE - 22. Disciplinary CommitteeProvision

Section 22 establishes a Disciplinary Committee, sets how its Chairperson and other members are appointed or nominated by specified authorities and bodies, makes the Chief Executive Officer of the Institute the secretary without voting power, empowers the Committee to regulate its procedures subject to the Act, and requires the Committee to receive and investigate complaints against supplies practitioners in accordance with the Act's rules and regulations.

Section 22. Disciplinary Committee Section 22(1)(a) the Chairperson shall be appointed by the Council from amongst members of the Council; Section 22(1)(b) three persons shall be nominated by the Council from among members of the Institute; Section 22(1)(c) one member shall be nominated by the Director-General of Public Procurement Regulatory Authority; Section 22(1)(d) one member shall be nominated by the Attorney-General; Section 22(1)(e) one Advocate shall be nominated by the Law Society of Kenya; Section 22(1)(f) one engineer nominated by the Institute of Engineers of Kenya; Section 22(1)(g) one accountant nominated by the Institute of Certified Public Accountants of Kenya. Section 22(2) The Chief Executive officer of the Institute shall be the secretary of the Disciplinary Committee and shall not have voting power. Section 22(3) Subject to this Act the Disciplinary Committee shall regulate its own procedures. Section 22(4) The Disciplinary Committee shall receive and investigate complaints against supplies practitioners in accordance with the rules and regulations under this Act.

Section 22Verify source

§ 23DISCIPLINE - 23. Disciplinary powers of the committeeOffence

Section 23 sets out grounds for disciplinary action against a supplies practitioner and the Disciplinary Committee's powers and procedures, including suspension, removal, requirements to surrender registration or license, rights to appeal, and administration of oaths.

Section 23. Disciplinary powers of the committee Section 23(1)(a) has been convicted of an offence punishable with imprisonment, the commission of which in the estimation of the Institute dishonors or scandalizes the calling of a supplies practitioner; or Section 23(1)(b) has been convicted of an offence under Public Procurement and Asset Disposal Act (Cap. 412C), the Anti-Corruption and Economic Crimes Act (Cap. 65) or any other existing law; Section 23(1)(c) has been guilty of gross negligence or malpractice in respect of his calling; or Section 23(1)(d) willfully fails to follow professional procurement and supplies management standards and ethical guidelines; Section 23(1)(d)(i) willfully fails to follow professional procurement and supplies management standards and ethical guidelines; Section 23(1)(d)(ii) misappropriates funds or any property entrusted to the member; Section 23(1)(d)(iii) knowingly procures goods, works or services at inflated prices; Section 23(1)(d)(iv) deliberately fails to keep proper records of all transactions undertaken in the course of duties; Section 23(1)(d)(v) discloses information acquired in the course of duty of any other person without the consent of the employer or client or other than required by law; Section 23(1)(d)(vi) is involved in any corrupt practice; Section 23(1)(d)(vii) engages in activities which are contrary to those for which registration and or licensing as a supplies practitioner was obtained under this Act; Section 23(1)(d)(viii) is found guilty of fraud or any dishonest act; Section 23(1)(d)(ix) allows any person to practise in the name of the member as a supplies practitioner unless such a person is the holder of a registration certificate and license; Section 23(1)(d)(x) enters for the purpose of or in the course of practising as a supplies practitioner, into partnership with a person who does not hold a license or secures any professional business through the service of such a person or by means not open to a supplies practitioner; Section 23(1)(d)(xi) pays or allows or agrees to pay directly or indirectly, to any person (other than a partner, a retired partner or the legal representative of a deceased partner) any share, commission or brokerage out of the fees for, or profits of, such member's professional services; Section 23(1)(d)(xii) being concerned therein, in a professional capacity, expresses an opinion on a matter without obtaining sufficient information on which to base the opinion; Section 23(1)(d)(xiii) fails to keep the funds of a client in a separate banking account or to use any such funds for purposes for which they are intended; or Section 23(1)(d)(xiv) does or fails to do any other act which may be prescribed. Section 23(2) The suspension of registration, removal from the register and other penalties or disqualifications imposed under this section shall subsist for a period not exceeding two years: Provided that the Council may in exceptional circumstances extend the suspension period for a longer term: Provided also that in the case of the circumstances contemplated by section 16(5)(a) and (b) of this Act, the removal from registration, suspension, revocation of license or other penalty or disqualification shall subsist for the longest period of disqualification from holding public office imposed on offenders convicted of an offence under the Anti-Corruption and Economic Crimes Act (Cap. 65). Section 23(3) A person whose conduct is the subject of inquiry or disciplinary proceedings shall be afforded a fair opportunity of being heard either in person or by an advocate. Section 23(4) In the discharge of its functions under this Act, the Disciplinary Committee may administer oaths and, subject to any regulations made under this Act, enforce the attendance of persons as witnesses or production of books and documents. Section 23(5) The Disciplinary Committee shall discharge its functions in accordance with principles of fairness without undue regard to technicalities and rules of evidence. Section 23(6) Any person whose name has been removed from a register or whose license has been revoked or suspended shall forthwith surrender to the Institute his certificates of registration or license and, any person who fails to do so shall be guilty of an offence. Section 23(7) Any person aggrieved by the decision of the Disciplinary Committee may appeal against that decision to the High Court whose decision shall be final. Section 23(8) The Chief Justice may make rules governing appeals under this section and providing for the fees to be paid, the scale of costs of any appeal and the procedure to be followed therein

Section 23Verify source

Part V

FINANCIAL PROVISIONS

§ 24FINANCIAL PROVISIONS - 24. Funds of the InstituteProvision

Defines "Funds of the Institute" as the moneys that accrue to or vest in the Institute in the course of exercising its powers or performing its functions under this Act.

Section 24. Funds of the Institute Section such moneys as may accrue to or vest in the Institute in the course of the exercise of its powers or performance of its functions under this Act;

Section 24Verify source

§ 25FINANCIAL PROVISIONS - 25. Investment of fundsProvision

The Institute may invest any of its surplus funds in a manner and institution determined by the Council.

Section 25. Investment of funds Section The Institute may invest any of its surplus funds in such a manner and in such institution as the Council may determine.

Section 25Verify source

§ 26FINANCIAL PROVISIONS - 26. Financial yearProvision

The Institute's financial year is a period of twelve months ending on the thirty-first of December each year.

Section 26. Financial year Section The financial year of the Institute shall be the period of twelve months ending on the thirty-first of December in each year.

Section 26Verify source

§ 27FINANCIAL PROVISIONS - 27. Annual estimatesProvision

Payment of salaries, allowances and other charges in respect of the staff of the Institute.

Section 27. Annual estimates Section the payment of salaries, allowances and other charges in respect of the staff of the Institute;

Section 27Verify source

§ 28FINANCIAL PROVISIONS - 28. Accounts and auditCommencement

Section 28. Accounts and audit Section 28(1) The annual estimates shall be approved by the Institute before the commencement of the financial year to which they relate: Provided that once approved, the sum provided in the estimates shall not be increased without the prior consent of the Institute. Section 28(2) The Institute shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the Institute. Section 28(3)(a) a statement of the income and expenditure of the Institute on the last day of that year; and Section 28(3)(b) a statement of the assets and liabilities of the Institute on the last day of that year. Section 28(4) The accounts of the Institute shall be audited by an auditor duly appointed at the Institute's annual general meeting.

Section 28Verify source

Part VI

MISCELLANEOUS PROVISIONS

§ 29MISCELLANEOUS PROVISIONS - 29. Offences by Persons not eligible to be registered or licensedOffence

People who are not eligible to be registered or licensed must not use protected titles or represent themselves as registered or licensed, and must not practise for gain as a supplies practitioner; doing so is an offence with penalties of a fine up to one hundred thousand shillings or up to two years imprisonment or both.

Section 29. Offences by Persons not eligible to be registered or licensed Section 29(1) Any person who not being eligible to be registered or licensed under this Act uses any title appropriate to a person so registered or licensed or holds himself out directly or indirectly as being so registered or licensed, commits an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding two years or to both. Section 29(2) Any person who, not being eligible to be registered or licensed under this Act, practises for gain as a supplies practitioner, commits an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding two years or to both.

Section 29Verify source

§ 30MISCELLANEOUS PROVISIONS - 30. Offences by person eligible to be registered or licensedOffence

It is an offence for a person who is eligible but not registered or licensed under this Act to practise as a supplies practitioner; on conviction they may be fined up to one hundred thousand shillings or imprisoned for up to two years, or both.

Section 30. Offences by person eligible to be registered or licensed Section Any person who, though eligible to be registered or licensed under this Act, is not so registered or licensed and practises as a supplies practitioner commits an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding two years, or to both.

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§ 31MISCELLANEOUS PROVISIONS - 31. Offences by persons conducting training courses or examinations without authorityOffence

It is an offence for persons conducting training courses or examinations without authority to (a) admit persons for training in supplies, (b) purport to conduct courses or examinations under the Act or regulations, (c) issue documents or seals implying completion or passage of Institute-prescribed instruction or examinations, and (d) issue documents or seals implying Institute approval of an institution for training persons seeking registration.

Section 31. Offences by persons conducting training courses or examinations without authority Section 31(1)(a) admits to the institution under his charge any person for the purpose of training in supplies; Section 31(1)(b) purports to be conducting courses of training or examination under this Act or regulations made there under; Section 31(1)(c) issues any document, statement, certificate or seal implying that the holder thereof has undergone a course of instruction or has passed an examination prescribed by the Institute; and Section 31(1)(d) issues any document, statement or seal implying that the institution under his charge is approved by the Institute as an institution for training of persons seeking registration under this Act,

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§ 32MISCELLANEOUS PROVISIONS - 32. Employment of unregistered staffOffence

Employers must not employ unregistered or unlicensed supplies practitioners; doing so is an offence punishable by a fine up to 500,000 shillings or up to three years' imprisonment (or both); if the employer is a corporation, the CEO is also guilty and liable to the same penalties.

Section 32. Employment of unregistered staff Section 32(1) Any employer who employs an unregistered or unlicensed person as a supplies practitioner shall be guilty of an offence and is liable upon conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding three years or to both. Section 32(2) Where the employer provided in subsection (1) is a body corporate, the Chief Executive Officer of that corporation shall be guilty of an offence and shall be liable to the penalties provided in subsection (1).

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§ 33MISCELLANEOUS PROVISIONS - 33. Falsification of registers or recordsOffence

Any person who willfully falsifies registers or records or procures registration by false representations commits an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding two years or to both.

Section 33. Falsification of registers or records Section Any person who willfully makes or causes to be made any false entry in, or falsification of, any register or record kept under this Act, or who procures or attempts to procure himself or any other person to be registered or licensed under this Act by making or producing or causing to be made or produced any false or fraudulent representation or declaration either orally or in writing, commits an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding two years or to both

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§ 34MISCELLANEOUS PROVISIONS - 34. Validity of proceedingsProvision

The Council, the Registration Committee, the Disciplinary Committee and the Examinations Board may exercise and perform their functions notwithstanding any vacancy among the members.

Section 34. Validity of proceedings Section The Council, the Registration Committee, the Disciplinary Committee and the Examinations Board may exercise and perform their functions notwithstanding any vacancy among the members and the validity of any proceedings of the Council or the Registration Committee, or the Disciplinary Committee or the Examinations Board shall not be affected by any such vacancy or any defect in the appointment of a member.

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§ 35MISCELLANEOUS PROVISIONS - 35. Gender balanceProvision

Nominating bodies must have regard to gender balance when nominating persons under this Act.

Section 35. Gender balance Section In nominating any of the persons under this Act the nominating bodies shall have regard to gender balance.

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§ 36MISCELLANEOUS PROVISIONS - 36. RegulationsProvision

Regulations concerning the form and method of keeping the registers and records under this Act.

Section 36. Regulations Section the form and method of keeping the registers and records under this Act;

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§ 37MISCELLANEOUS PROVISIONS - 37. Examination offencesOffence

Gains access to examinations material and knowingly reveals the contents, whether orally, in writing or through any other form, to an unauthorized party, whether a candidate or not;

Section 37. Examination offences Section gains access to examinations material and knowingly reveals the contents, whether orally, in writing or through any other form, to an unauthorized party, whether a candidate or not;

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Legislative relationships

5 referenced instruments

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

2 instruments

Council's business and affairs must follow the First Schedule to this Act
Section 6
Disciplinary Committee and shall not have voting power. Section 22(3) Subject to this Act
Section 22

G–M

2 instruments

Institute Persons registered under this Act
Section 3A
Institute The Institute may delegate any of its powers under this Act
Section 7

N–S

1 instrument

Supplies Management established under section 3 of this Act
Section 2

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31 Dec 2022 · currentEnglish

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