Kenya Act or statute

Parliament of Kenya

Human Resource Management Professionals Act

Jurisdiction: Kenya
Structure: 44 provisions
Citation: Cap. 538
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 Human Resource Management Professionals Act.”

This Act may be cited as the Human Resource Management Professionals Act. This section provides definitions of terms used in the Act, including "Cabinet Secretary", "Council", "Disciplinary Committee", "Examinations Board", "Executive Director", "Institute", "practising certificate", "Register", and "Registration Committee". The Council may, on the advice of the Executive Director, engage on behalf of the Institute the services of experts and consultants for Institute functions where they have special competence. The Council may, by resolution, delegate its powers or functions to a committee or to any member, officer, employee or agent of the Council. Members of the Council are entitled to be paid fees, allowances and disbursements for expenses, with amounts determined by the Council on the advice of the Salaries and Remuneration Commission.

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 Human Resource Management Professionals Act.

Section 1

THE INSTITUTE OF HUMAN RESOURCE MANAGEMENT - 4. Membership of the Institute

Persons registered under this Act shall be members of the Institute; the Institute recognises Fellows, Members and Associate Members and the Council may invite members to become Fellows.

Section 4

REGISTRATION OF HUMAN RESOURCE MANAGEMENT PROFESSIONALS - 23. Certificate of registration

The Registration Committee must issue a certificate of registration to every person registered under this Act.

Section 23

DISCIPLINARY PROVISIONS - 33. Inquiry by the Disciplinary Committee

Persons under inquiry have the right to be heard; the Disciplinary Committee may administer oaths and enforce witness attendance and document production subject to regulations; the Committee may regulate its own procedure.

Section 33

MISCELLANEOUS - 44. Regulations

Regulations prescribe the curriculum and courses of study students and candidates must pursue to meet academic requirements for a registration.

Section 44

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 44 of 44 provisions

Provision 35Offence 6Short titleInterpretation

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the Human Resource Management Professionals Act.

Section 1. Short title Section This Act may be cited as the Human Resource Management Professionals Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

This section provides definitions of terms used in the Act, including "Cabinet Secretary", "Council", "Disciplinary Committee", "Examinations Board", "Executive Director", "Institute", "practising certificate", "Register", and "Registration Committee".

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Cabinet Secretary" means the Cabinet Secretary responsible for labour and human resource development; "Council" means the Council of the Institute constituted pursuant to section 7 ; "Disciplinary Committee" means the committee established under section 31 ; "Examinations Board" means the Human Resource Management Professionals Examinations Board established under section 16 ; "Executive Director" means the person appointed as the Executive Director of the Institute under section 8 ; "Institute" means the Institute of Human Resource Management established under section 3 ; "practising certificate" means a practising certificate issued by the Registration Committee pursuant to section 29 ; "Register" means the register kept pursuant to section 25 ; and "Registration Committee" means the committee established under section 18 .

Section 2Verify source

Part II

THE INSTITUTE OF HUMAN RESOURCE MANAGEMENT

§ 10THE INSTITUTE OF HUMAN RESOURCE MANAGEMENT - 10. Experts and consultantsProvision

The Council may, on the advice of the Executive Director, engage on behalf of the Institute the services of experts and consultants for Institute functions where they have special competence.

Section 10. Experts and consultants Section The Council may, on the advice of the Executive Director, engage on behalf of the Institute, the services of experts and consultants in respect of any of the functions of the Institute in connection with which they are considered to have special competence.

Section 10Verify source

§ 11THE INSTITUTE OF HUMAN RESOURCE MANAGEMENT - 11. Delegation by the CouncilProvision

The Council may, by resolution, delegate its powers or functions to a committee or to any member, officer, employee or agent of the Council.

Section 11. Delegation by the Council Section The Council may, by resolution either generally or in any particular case, delegate to any committee or to any member, officer, employee or agent of the Council, the exercise of any of the powers or the performance of any of the functions or duties of the Council or the Institute under this Act or under any other written law.

Section 11Verify source

§ 12THE INSTITUTE OF HUMAN RESOURCE MANAGEMENT - 12. Remuneration of the Council membersProvision

Members of the Council are entitled to be paid fees, allowances and disbursements for expenses, with amounts determined by the Council on the advice of the Salaries and Remuneration Commission.

Section 12. Remuneration of the Council members Section The members of the Council shall be paid such, fees, allowances and disbursements for expenses as may be determined by the Council upon the advice of the Salaries and Remuneration Commission.

Section 12Verify source

§ 13THE INSTITUTE OF HUMAN RESOURCE MANAGEMENT - 13. Conduct and regulation of the business and affairs of the CouncilProvision

Except as provided in the Schedule, the Council may regulate its own procedure.

Section 13. Conduct and regulation of the business and affairs of the Council Section 13(1) The conduct and regulation of the business and affairs of the Council shall be as provided in the Schedule. Section 13(2) Except as provided in the Schedule, the Council may regulate its own procedure.

Section 13Verify source

§ 14THE INSTITUTE OF HUMAN RESOURCE MANAGEMENT - 14. Common sealProvision

The Institute's common seal must be kept in the custody of the Executive Director or another person the Council directs, and may only be used on the Council's order; when properly affixed and authenticated it is judicially and officially noticed and Council authorization is presumed unless proved otherwise.

Section 14. Common seal Section 14(1) The common seal of the Institute shall be kept in the custody of the Executive Director or of such other person as the Council may direct, and shall not be used except upon the order of the Council. Section 14(2) The common seal of the Institute, when affixed to a document and duly authenticated, shall be judicially and officially noticed, and unless the contrary is proved, any necessary order or authorization by the Council under this section shall be presumed to have been duly given.

Section 14Verify source

§ 15THE INSTITUTE OF HUMAN RESOURCE MANAGEMENT - 15. Protection from personal liabilityProvision

Members, officers, staff or agents of the Council are not personally liable for acts done bona fide in executing the Council's functions, powers or duties under this Act.

Section 15. Protection from personal liability Section No matter or thing done by a member of the Council or by any officer, member of staff, or agent of the Council shall, if the matter or thing is done bona fide for executing the functions, powers or duties of the Council under this Act, render the member, officer, employee or agent or any person acting on their directions personally liable to any action, claim or demand whatsoever.

Section 15Verify source

§ 16THE INSTITUTE OF HUMAN RESOURCE MANAGEMENT - 16. Examinations BoardProvision

There is hereby established a Board to be known as the Human Resource Management Professionals Board Examinations Board.

Section 16. Examinations Board Section 16(1) There is hereby established a Board to be known as the Human Resource Management Professionals Board Examinations Board. Section 16(2)(a) suing and being sued; Section 16(2)(b) purchasing, acquiring, holding or disposing of property; Section 16(2)(c) borrowing money; and Section 16(2)(d) doing or performing all such other things or acts necessary for the proper performance of its functions under this Act, which may lawfully be done by a body corporate. Section 16(3)(a) four persons who shall be qualified human resource professionals nominated by the Council, one of whom shall be appointed by the Council from amongst the members of the Institute as Chairperson of the Board; Section 16(3)(b) two persons nominated by the Cabinet Secretary of the Ministry for the time being responsible for education, one of whom shall be from the Kenya Institute of Curriculum Development and one from the Kenya National Examination Council; Section 16(3)(c) the Director of Personnel Management or a representative designated in writing by the Director of Personnel Management; Section 16(3)(d) one person nominated by the Commission for Univeristy Education; and Section 16(3)(e) one person nominated by the Attorney-General.

Section 16Verify source

§ 17THE INSTITUTE OF HUMAN RESOURCE MANAGEMENT - 17. Functions of the Examination BoardProvision

The Examination Board must prescribe and regulate syllabuses of instruction for human resource management professionals examinations.

Section 17. Functions of the Examination Board Section prescribe and regulate syllabuses of instruction for human resource management professionals examinations;

Section 17Verify source

§ 3THE INSTITUTE OF HUMAN RESOURCE MANAGEMENT - 3. Establishment of InstituteProvision

Establishes the Institute of Human Resource Management, lists its powers (including suing, property transactions, borrowing and other acts), sets its headquarters in Nairobi and allows it to open offices anywhere in Kenya.

Section 3. Establishment of Institute Section 3(1) There is established an institute to be known as the Institute of Human Resource Management. Section 3(2)(a) suing and being sued; Section 3(2)(b) purchasing, acquiring, holding or disposing of property; Section 3(2)(c) borrowing money; and Section 3(2)(d) doing or performing all such other things or acts necessary for the proper performance of its functions under this Act, which may lawfully be done by a body corporate. Section 3(3) The Headquarters of the Institute shall be in Nairobi, but the Institute may establish offices at any place in Kenya.

Section 3Verify source

§ 4THE INSTITUTE OF HUMAN RESOURCE MANAGEMENT - 4. Membership of the InstituteProvision

Persons registered under this Act shall be members of the Institute; the Institute recognises Fellows, Members and Associate Members and the Council may invite members to become Fellows.

Section 4. Membership of the Institute Section 4(1) A person who is registered under this Act shall be a member of the Institute. Section 4(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 Institute of Human Resource Management" (designatory letters F.I.H.R.M); Section 4(2)(b) members, comprising those members of the Institute who are registered under section 19 , each of whom shall be titled "Member of the Institute of Human Resource Management" (designatory letters M.I.H.R.M); Section 4(2)(c) associate members, comprising persons eligible to be registered under section 19 but who do not meet the requirements prescribed under subsection (1) of that section. Section 4(3) Where the Council considers that a member of the Institute has rendered outstanding services to the human resource profession, the Council may, invite the member to become a Fellow.

Section 4Verify source

§ 5THE INSTITUTE OF HUMAN RESOURCE MANAGEMENT - 5. Honorary fellowsProvision

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

Section 5. Honorary fellows Section 5(1) Where the Council considers that a person, not being a member of the Institute has rendered exceptional services to the Institute or the human resource management profession, the council may invite the person to become an Honorary Fellow of the Institute. Section 5(2) An Honorary Fellow shall not be a member of the Institute.

Section 5Verify source

§ 6THE INSTITUTE OF HUMAN RESOURCE MANAGEMENT - 6. Functions of the InstituteProvision

The Institute must establish, monitor and publish standards of professional competence and practice for human resource professionals.

Section 6. Functions of the Institute Section establish, monitor and publish the standards of professional competence and practice amongst human resource professionals;

Section 6Verify source

§ 7THE INSTITUTE OF HUMAN RESOURCE MANAGEMENT - 7. Council of the InstituteProvision

Section 7 sets out the Council composition (chairperson, Principal Secretaries or their reps, six elected members, Executive Director) and provides that members appointed under (1)(a) and (d) hold office for three years and may be re-appointed once for a final three-year term.

Section 7. Council of the Institute Section 7(1)(a) a Chairperson who shall be a qualified human resource professional with at least five years experience in human resource management, elected by the members of the Institute in the manner prescribed by regulations; Section 7(1)(b) the Principal Secretary of the Ministry for the time being responsible for public service or a representative designated in writing by the Principal Secretary; Section 7(1)(c) the Principal Secretary of the Ministry for the time being responsible for labour and human resource development or a representative designated in writing by the Principal Secretary; Section 7(1)(d) six other members, who shall be persons with knowledge and experience in human resource management, elected by the human resource professionals in the manner prescribed under Regulations; Section 7(1)(e) the Executive Director. Section 7(2) A member appointed to the Institute under subsection (1)(a) and (d) shall hold office for a period of three years and shall be eligible for re-appointment for a further and final term of three years. Section 7(3) An appointment under subsection (1)(a) and (d) shall be by name and notice in the Gazette .

Section 7Verify source

§ 8THE INSTITUTE OF HUMAN RESOURCE MANAGEMENT - 8. Executive DirectorProvision

Establishes an Executive Director for the Institute, to be competitively appointed by the Council; the Council determines the Director's terms; sets qualifications; makes the Director an ex officio (non‑voting) member and secretary; and assigns day‑to‑day management and implementation responsibilities to the Director.

Section 8. Executive Director Section 8(1) There shall be an Executive Director 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 or otherwise in writing from time to time. Section 8(2)(a) is a registered human resource professional; Section 8(2)(b) has had at least five years proven experience in human resource management; and Section 8(2)(c) meets the requirements of Chapter Six of the Constitution. Section 8(3)(a) be an ex officio member of the Council but shall have no right to vote at any meeting of the Council; Section 8(3)(b) be the secretary to the Council; Section 8(3)(c) subject to the directions of the Council, be responsible for the day to day management of the affairs of the Institute; and Section 8(3)(d) be responsible to the Council generally for the implementation of this Act.

Section 8Verify source

§ 9THE INSTITUTE OF HUMAN RESOURCE MANAGEMENT - 9. Staff of the InstituteProvision

The Council may appoint officers, agents and other staff as necessary for the Institute's and Council's functions, on terms and conditions of service the Council determines.

Section 9. Staff of the Institute Section The Council may appoint such officers, agents and other staff as are necessary for the proper and efficient discharge of the functions of the Institute and the Council under this Act, upon such terms and conditions of service as the Council may determine.

Section 9Verify source

Part III

REGISTRATION OF HUMAN RESOURCE MANAGEMENT PROFESSIONALS

§ 18REGISTRATION OF HUMAN RESOURCE MANAGEMENT PROFESSIONALS - 18. Registration CommitteeProvision

Establishes a Registration Committee, specifies its membership, and assigns it duties including receiving registration applications and practising certificates, monitoring quality assurance standards, prescribing regulations, recommending conduct inquiries, advising the Council, and performing related functions.

Section 18. Registration Committee Section 18(1) There is hereby established a committee to be known as the Registration Committee. Section 18(2)(a) a Chairperson appointed by the Council from amongst members of the Council; Section 18(2)(b) one person nominated by the Federation of Kenya Employers; Section 18(2)(c) one person nominated by the Examination Board; Section 18(2)(d) one person nominated by the Kenya National Examination Council; and Section 18(2)(e) the Attorney-General or his representative designated by him in writing. Section 18(3)(a) receive applications for registration and grant practising certificates in accordance with the provisions of this Act; Section 18(3)(b) monitor compliance with professional quality assurance and other standards published by the Council for observance by the members of the Institute; Section 18(3)(c) prescribe regulations to govern quality assurance programmes, including actions necessary to rectify deviations from standards; Section 18(3)(d) 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 18(3)(e) advise the Council on matters pertaining to professional and other standards necessary for the achievement of quality assurance; and Section 18(3)(f) perform any other functions connected therewith or incidental thereto. Section 18(4) The Secretary to the Council shall serve as the secretary to the Registration Committee, and may, with the consent of the person presiding at a meeting, take part in the deliberations on any matter arising at the meeting, but shall not be entitled to vote on any such matter.

Section 18Verify source

§ 19REGISTRATION OF HUMAN RESOURCE MANAGEMENT PROFESSIONALS - 19. Qualifications for registration as a human resource management professionalProvision

The Council may approve and may withdraw approval of qualifications for registration by notice in the Gazette.

Section 19. Qualifications for registration as a human resource management professional Section 19(1)(a) is of good conduct; Section 19(1)(b) has paid the prescribed fees; Section 19(1)(c) 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 19(1)(d) 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 qualifications required under the Act; and Section 19(1)(e) holds such other qualifications as the Council may prescribe. Section 19(2) The Council may from time to time, by notice in the Gazette , approve qualifications, which it considers sufficient to allow a person to be registered, and may, in the same manner, withdraw that approval.

Section 19Verify source

§ 20REGISTRATION OF HUMAN RESOURCE MANAGEMENT PROFESSIONALS - 20. Disqualification from registrationOffence

A person is disqualified from registration if convicted by a court in Kenya or elsewhere of any offence involving fraud or dishonesty.

Section 20. Disqualification from registration Section is convicted by a court of competent jurisdiction in Kenya or elsewhere of any offence involving fraud or dishonesty;

Section 20Verify source

§ 21REGISTRATION OF HUMAN RESOURCE MANAGEMENT PROFESSIONALS - 21. Registration of human resource firmsProvision

The firm has a certificate of registration of a business name or certificate of incorporation;

Section 21. Registration of human resource firms Section the firm has a certificate of registration of a business name or certificate of incorporation;

Section 21Verify source

§ 22REGISTRATION OF HUMAN RESOURCE MANAGEMENT PROFESSIONALS - 22. Application for registrationProvision

People who want to be registered as Human Resource Management Professionals must apply to the Registration Committee; the application must be in the prescribed form and accompanied by the prescribed fee; the Registration Committee must approve applications if satisfied the applicant meets the requirements in section 19.

Section 22. Application for registration Section 22(1) A person wishing to be registered as a Human Resource Management Professional shall apply to the Registration Committee. Section 22(2) An application under this section shall be made in the prescribed manner and form and shall be accompanied by the prescribed fee. Section 22(3) Where an application is made by a person in accordance with this section, the Registration Committee shall approve the application if it is satisfied that the applicant meets the requirements specified under section 19 .

Section 22Verify source

§ 23REGISTRATION OF HUMAN RESOURCE MANAGEMENT PROFESSIONALS - 23. Certificate of registrationProvision

The Registration Committee must issue a certificate of registration to every person registered under this Act.

Section 23. Certificate of registration Section The Registration Committee shall issue to every person registered under this Act a certificate of registration in the prescribed form.

Section 23Verify source

§ 24REGISTRATION OF HUMAN RESOURCE MANAGEMENT PROFESSIONALS - 24. Removal of names from the registerProvision

Removal of names from the register where a person is of unsound mind.

Section 24. Removal of names from the register Section is of unsound mind;

Section 24Verify source

§ 25REGISTRATION OF HUMAN RESOURCE MANAGEMENT PROFESSIONALS - 25. RegisterProvision

The Secretary to the Registration Committee must keep the register up to date, publish in the Gazette the name and address of anyone removed within one month, notify removed persons by registered mail, and a removed person ceases to be registered unless reinstated only by direction of the Council.

Section 25. Register Section 25(1)(a) the names of persons registered under this Act; Section 25(1)(b) the names of all persons issued with a practising certificate; Section 25(1)(c) particulars of the cancellation of the registration of any person; and Section 25(1)(d) such other details as the Council may direct. Section 25(2) The Secretary to the Registration Committee shall keep up to date or cause to be kept up to date the register and records required to be kept under or for the proposes of this Act, subject to any directions which may form time to time be issued to him by the Council. Section 25(3)(a) the names of a deceased person; and Section 25(3)(b) any entry which has been incorrectly or fraudulently made. Section 25(4) The secretary to the Registration Committee shall cause the name and address of every person whose name is removed from the register under this section, to be published in the Gazette within one month from the date of such removal. Section 25(5) Subject to the provisions of this Act, the removal of a person’s name from the Register shall be notified by the secretary to the Registration Committee to the person by registered mail addressed to the address appearing in the register against his name immediately before such removal. Section 25(6) Where the name of any person has been removed from the register under this Act, such name shall not be reinstated except by the direction of the Council. Section 25(7) A person whose name has been removed from the register shall cease to be registered for the purpose of this Act from the date of such removal.

Section 25Verify source

§ 26REGISTRATION OF HUMAN RESOURCE MANAGEMENT PROFESSIONALS - 26. Correction of RegisterProvision

The secretary to the Registration Committee must, from time to time, make necessary alterations or corrections in the register for any entry.

Section 26. Correction of Register Section The secretary to the Registration Committee shall from time to time make any necessary alteration or correction in the register in relation to any entry therein.

Section 26Verify source

§ 27REGISTRATION OF HUMAN RESOURCE MANAGEMENT PROFESSIONALS - 27. Reinstatement to the RegisterProvision

Reinstatement to the Register concerning the removal of such person’s name from the register.

Section 27. Reinstatement to the Register Section the removal of such person’s name from the register be confirmed; or

Section 27Verify source

§ 28REGISTRATION OF HUMAN RESOURCE MANAGEMENT PROFESSIONALS - 28. Use of titleProvision

Persons who are registered may take and use the title and description of a human resource professional.

Section 28. Use of title Section by virtue of being so registered, be entitled to take and use the title and description of a human resource professional;

Section 28Verify source

Part IV

PRACTISING CERTIFICATE

§ 29PRACTISING CERTIFICATE - 29. Applications for practising certificateOffence

Generally prohibits practicing as a human resource management professional without a valid practising certificate and sets application, form/fee, delivery and penalty rules.

Section 29. Applications for practising certificate Section 29(1) No person shall practice as a human resource management professional unless the person has been issued with a valid practising certificate. Section 29(2) A person wishing to obtain a practising certificate shall apply to the Registration Committee. Section 29(3) An application under this section shall be in the prescribed form and shall be accompanied by the prescribed fee. Section 29(4)(a) is registered under this Act; and Section 29(4)(b) meets such other requirements as may be prescribed and if not satisfied, shall refuse the application. Section 29(5)(a) is removed from the register; or Section 29(5)(b) has been suspended under section 34 . Section 29(6) Where a practising certificate ceases to be in force under subsection (5), the person to whom the certificate was issued shall deliver it to the Council within thirty days from the date on which he ceases to be registered. Section 29(7) Any person who, without reasonable excuse contravenes subsection (6) commits an offence and shall be liable on conviction to a fine not exceeding one hundred thousand shillings.

Section 29Verify source

Part V

DISCIPLINARY PROVISIONS

§ 30DISCIPLINARY PROVISIONS - 30. Professional misconductProvision

Professional misconduct: deliberately fails to follow the laid down human resource procedures of his employer or client, save those which are in violation of law.

Section 30. Professional misconduct Section deliberately fails to follow the laid down human resource procedures of his employer or client save those which are in violation of law;

Section 30Verify source

§ 31DISCIPLINARY PROVISIONS - 31. The Disciplinary CommitteeProvision

There is a Disciplinary Committee composed of five members appointed by the Council, and the members appoint one of themselves as Chairperson.

Section 31. The Disciplinary Committee Section 31(1) There shall be a Committee to be known as the Disciplinary Committee. Section 31(2) The Disciplinary Committee shall consist of five members appointed by the Council, from among the members of the council. Section 31(3) Members of the Disciplinary Committee shall appoint one of their number to be the Chairperson.

Section 31Verify source

§ 32DISCIPLINARY PROVISIONS - 32. Reference of matters to the committeeProvision

If the Council believes a registered person may have committed professional misconduct, the Council must refer the matter to the Disciplinary Committee, which must inquire into it.

Section 32. Reference of matters to the committee Section Where the Council has reason to believe that a registered person may have been guilty of professional misconduct it shall refer the matter to the Disciplinary Committee which shall inquire into the matter.

Section 32Verify source

§ 33DISCIPLINARY PROVISIONS - 33. Inquiry by the Disciplinary CommitteeProvision

Section 33. Inquiry by the Disciplinary Committee Section 33(1) Upon inquiry held by the Disciplinary Committee, the person whose conduct is being inquired into shall be afforded an opportunity to be heard in person. Section 33(2) For the purpose of proceedings at any inquiry held by the Disciplinary Committee, the Committee may administer oaths, and may subject to any regulations made under this Act, enforce attendance of persons as witnesses and the production of books and documents. Section 33(3) The Disciplinary Committee shall, have power to regulate its own procedure.

Section 33Verify source

§ 34DISCIPLINARY PROVISIONS - 34. Powers of the Disciplinary CommitteeProvision

The Council must inform the human resource professional of actions against them as soon as practically possible; persons removed from the register or with suspended practising certificates must immediately surrender those certificates; a registered human resource professional who refuses or fails to surrender a certificate commits professional misconduct and is liable to a fine not exceeding one hundred thousand shillings; aggrieved persons may appeal to the High Court within sixty days of the Council's decision.

Section 34. Powers of the Disciplinary Committee Section 34(1)(a) issue the human resource professional with a letter of admonishment; Section 34(1)(b) suspend the registration of the human resource professional for a specified period not exceeding twelve months; Section 34(1)(c) withdraw or cancel the practising certificate of the human resource professional for such period not exceeding five years as may be appropriate; Section 34(1)(d) impose a fine which the Council deems appropriate in the circumstances; or Section 34(1)(e) remove the name of the human resource professional from the register. Section 34(2) The Council shall as soon as practically possible inform the human resource professional of the action to be taken against him. Section 34(3) Any person whose name has been removed from the register or whose practising certificate has been suspended shall forthwith surrender to the Council his or her certificate of registration or practising certificate. Section 34(4) Any person being a registered human resource professional who refuses or fails to surrender his or her certificate of registration or practising certificate to the Council shall be guilty of professional misconduct and shall be liable to a fine not exceeding one hundred thousand shillings. Section 34(5) Any person aggrieved by the decision of the Council in the exercise of its powers under this section may within sixty days from the date of the decision of the Council, appeal to the High Court and in any such appeal, the High Court may annul or vary the decision as it finds necessary.

Section 34Verify source

§ 35DISCIPLINARY PROVISIONS - 35. Lifting of suspensionProvision

A suspended human resource professional may appeal to the Council to have the suspension lifted before it expires; if the Council is satisfied and receives the prescribed fee it shall lift the suspension and restore registration and practising certificate.

Section 35. Lifting of suspension Section 35(1) Where a human resource professional has been suspended from practising; he or she may appeal to the Council for the lifting of the suspension at any time before the expiry thereof. Section 35(2) Where the Council is satisfied in respect of any human resource professional that he or she should have his or her suspension lifted, the Council shall, upon the receipt of the prescribed fee, lift the suspension and restore to the human resource professional, his or her registration and practising certificate.

Section 35Verify source

Part VI

FINANCIAL PROVISIONS

§ 36FINANCIAL PROVISIONS - 36. Funds of the CouncilProvision

Funds of the Council are such monies or assets that may accrue to or vest in the Council in the course of exercising its powers or performing its functions under this Act.

Section 36. Funds of the Council Section such monies or assets as may accrue to or vest in the Council in the course of the exercise of its powers or performance of its functions under this Act;

Section 36Verify source

§ 37FINANCIAL PROVISIONS - 37. Financial yearProvision

The Council's financial year is the period of twelve months ending on the thirtieth of June each year.

Section 37. Financial year Section The financial year of the Council shall be the period of twelve months ending on the thirtieth of June in each year.

Section 37Verify source

§ 38FINANCIAL PROVISIONS - 38. Annual estimatesCommencement

The Council must prepare annual revenue and expenditure estimates at least three months before each financial year, approve them before that year starts, and submit the approved estimates' sums to the Cabinet Secretary for approval.

Section 38. Annual estimates Section 38(1) At least three months before the commencement of each financial year, the Council shall cause to be prepared estimates of the revenue and expenditure of the Council for that financial year. Section 38(2)(a) payment of salaries, allowances and other charges in respect of the staff of the Council; Section 38(2)(b) payment of pensions, gratuities and other charges in respect of former staff of the Council; Section 38(2)(c) proper maintenance of the buildings and grounds of the Council; Section 38(2)(d) maintenance, repair and replacement of the equipment and other property of the Council; Section 38(2)(e) payment of allowances of the members of the Council and the members of the Board; and Section 38(2)(f) creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance, replacement of buildings or equipment, or in respect of such other matters as the Council may deem fit. Section 38(3) The annual estimates shall be approved by the Council before the commencement of the financial year to which they relate and, once approved, the sum provided in the estimates shall be submitted to the Cabinet Secretary for approval. Section 38(4) No expenditure shall be incurred for the purposes of the Council except in accordance with the annual estimates approved under subsection (3), or in pursuance of an authorization of the Council given with prior written approval of the Cabinet Secretary.

Section 38Verify source

§ 39FINANCIAL PROVISIONS - 39. Accounts and auditProvision

The Council must keep proper books and records of its income, expenditure, assets and liabilities; the Auditor-General must examine, audit and report on the Council's accounts annually.

Section 39. Accounts and audit Section 39(1) The Council shall cause to be kept proper books and other records of accounts of the income, expenditure, assets and liabilities of the Council. Section 39(2)(a) a statement of income and expenditure during that financial year; and Section 39(2)(b) a statement of the assets and liabilities of the Council on the last day of that financial year. Section 39(3) The accounts of the Council shall be examined, audited and reported upon annually by the Auditor-General in accordance with the provisions of the Public Audit Act (Cap. 412B).

Section 39Verify source

Part VII

MISCELLANEOUS

§ 40MISCELLANEOUS - 40. Offences by persons not eligible to be registeredOffence

Persons not eligible to be registered must not use titles or represent themselves as registered, nor practice for gain as human resource professionals; on conviction they face a fine up to two hundred thousand shillings, imprisonment up to two years, or both.

Section 40. Offences by persons not eligible to be registered Section 40(1) A person who, not being eligible to be registered under this Act, uses any title appropriate to a person so registered, or holds himself out directly or indirectly as being so registered, commits an offence and shall be liable on conviction to a fine not exceeding two hundred thousand shillings, or to imprisonment for a term not exceeding two years, or to both. Section 40(2) A person who, not being eligible to be registered under this Act, practices for gain as a human resource professional, commits an offence and shall be liable on conviction to a fine not exceeding two hundred thousand shillings, or to imprisonment for a term not exceeding two years, or to both.

Section 40Verify source

§ 41MISCELLANEOUS - 41. Offences by persons eligible to be registeredOffence

A person eligible for registration or a licence who is not registered or licensed but practices as such commits an offence and is liable on conviction to a fine up to 200,000 shillings, or imprisonment up to two years, or both.

Section 41. Offences by persons eligible to be registered Section A person who, though eligible to be registered or licensed under this Act, is not so registered or licensed but practices as such, commits an offence and shall be liable on conviction to a fine not exceeding two hundred thousand shillings, or to imprisonment for a term not exceeding two years, or to both.

Section 41Verify source

§ 42MISCELLANEOUS - 42. Falsification of registers or recordsOffence

It is an offence for a person to willfully falsify registers or records or to present false representations to be registered; on conviction the person faces a fine not exceeding two hundred thousand shillings or imprisonment for up to two years, or both.

Section 42. Falsification of registers or records Section A person who wilfully makes or causes to be made any false entry in, or falsification of, any register or record kept under this Act, or who presents or attempts to present himself or any person to be registered under this Act by making or producing or causing to be made or produced a false or fraudulent representation or declaration, either orally or in writing, commits an offence and shall be liable on conviction to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding two years, or to both.

Section 42Verify source

§ 43MISCELLANEOUS - 43. General penaltyOffence

A person convicted of an offence under this Act for which no penalty is provided shall be liable to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding two years, or to both.

Section 43. General penalty Section A person convicted of an offence under this Act for which no penalty is provided shall be liable to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding two years, or to both.

Section 43Verify source

§ 44MISCELLANEOUS - 44. RegulationsProvision

Regulations prescribe the curriculum and courses of study students and candidates must pursue to meet academic requirements for a registration.

Section 44. Regulations Section prescribing the curriculum and the courses of study to be pursued by the students and candidates in order to satisfy the academic requirements of any particular registration;

Section 44Verify source

Legislative relationships

6 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

3 instruments

Council or the Institute under this Act
Section 11
Council under this Act
Section 15
Council. Section 25. Register Section 25(1)(a) the names of persons registered under this Act
Section 25

G–M

2 instruments

Institute and the Council under this Act
Section 9
Institute Persons registered under this Act
Section 4

N–S

1 instrument

Public Audit Act
Section 39

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.