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.

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

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.

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.

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

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

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.

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.

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.

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

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.

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.

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.

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.

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

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

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

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.

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

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

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.

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

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

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

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

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.

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

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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