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.

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.

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.

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 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.

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

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

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.

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

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.

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.

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

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.

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.

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.

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

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

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.

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.

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 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 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.

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.

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

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

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

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.

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.

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.

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.

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.

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.

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

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

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

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;