Kenya Act or statute

Parliament of Kenya

Public Health Officers (Training, Registration and Licencing) Act

Jurisdiction: Kenya
Structure: 46 provisions
Citation: Cap. 253G
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 Public Health Officers (Training, Registration and Licensing) Act.”

This Act may be cited as the Public Health Officers (Training, Registration and Licensing) Act. Section 2 provides definitions for terms used in the Act, including "approved institution", "Association", "Cabinet Secretary", "certificate", "Council", "public health", "public health officer", "public health officers and technicians", "public health technician", "private practice", "register", and "Registrar". The Council may, by resolution, delegate its powers, functions or duties to any committee of the Council. The Council must pay its members remuneration, fees or allowances for expenses as approved by the Cabinet Secretary on the Council's recommendation. The Council may appoint officers and other staff or hire experts.

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PRELIMINARY - 1. Short title

This Act may be cited as the Public Health Officers (Training, Registration and Licensing) Act.

Section 1

THE PUBLIC HEALTH OFFICERS AND TECHNICIANS COUNCIL - 7. Termination of appointment of Chairperson and members

The Chairperson and members may resign from office at any time by notice to the Council through the Registrar.

Section 7

TRAINING AND REGISTRATION OF PUBLIC HEALTH OFFICERS AND TECHNICIANS - 24. Persons eligible to be registered

Section 24

PROVISIONS RELATING TO PRIVATE PRACTICE - 35. Renewal, cancellation and suspension of practicing certificate

Section 35

MISCELLANEOUS PROVISIONS - 46. Regulations

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

Section 46

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Showing 46 of 46 provisions

Provision 36Offence 6Short titleInterpretation

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the Public Health Officers (Training, Registration and Licensing) Act.

Section 1. Short title Section This Act may be cited as the Public Health Officers (Training, Registration and Licensing) Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

Section 2 provides definitions for terms used in the Act, including "approved institution", "Association", "Cabinet Secretary", "certificate", "Council", "public health", "public health officer", "public health officers and technicians", "public health technician", "private practice", "register", and "Registrar".

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— "approved institution" means the Kenya Medical Training College, a university and such other training institution as the Council may approve for the purposes of this Act; "Association" means the Association of Public Health Officers (Kenya); "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to public health; "certificate" means a certificate of registration issued by the Council to a person entitled to be registered under this Act; "Council" means the Public Health Officers and Technicians Council established by section 3 ; "public health" includes environmental health; "public health officer" means a person who has undergone the prescribed course of training in an approved institution and holds a diploma, higher diploma or degree in environmental health; "public health officers and technicians" means public health officers and public health technicians; "public health technician" means a person who has undergone the prescribed course of training in an approved institution and holds a certificate in environmental health; "private practice" means the practice of public health or environmental health for a fee; "register" means the register of public health officers or public health technicians maintained under section 26 ; "Registrar" means the Registrar of public health officers and technicians provided for under section 23 ; Section 2(2) Spent .

Section 2Verify source

Part II

THE PUBLIC HEALTH OFFICERS AND TECHNICIANS COUNCIL

§ 10THE PUBLIC HEALTH OFFICERS AND TECHNICIANS COUNCIL - 10. Delegation by the CouncilProvision

The Council may, by resolution, delegate its powers, functions or duties to any committee of the Council.

Section 10. Delegation by the Council Section The Council may, by resolution generally or in any particular case, delegate to any committee of the Council the exercise of any of the powers or the performance of any of the functions or duties of the Council under this Act.

Section 10Verify source

§ 11THE PUBLIC HEALTH OFFICERS AND TECHNICIANS COUNCIL - 11. Remuneration of Council membersProvision

The Council must pay its members remuneration, fees or allowances for expenses as approved by the Cabinet Secretary on the Council's recommendation.

Section 11. Remuneration of Council members Section The Council shall pay its members such remuneration, fees or allowances for expenses as may be approved by the Cabinet Secretary, on the recommendation of the Council.

Section 11Verify source

§ 12THE PUBLIC HEALTH OFFICERS AND TECHNICIANS COUNCIL - 12. Staff of the CouncilProvision

The Council may appoint officers and other staff or hire experts.

Section 12. Staff of the Council Section The Council may appoint such officers and other staff or hire such experts as may be necessary for the proper discharge of its functions under this Act, upon such terms and conditions of service as the Council may determine.

Section 12Verify source

§ 13THE PUBLIC HEALTH OFFICERS AND TECHNICIANS COUNCIL - 13. Protection from personal liabilityProvision

Members and agents of the Council (and persons acting on their directions) are protected from personal liability for acts done bona fide in executing the Council’s functions, powers and duties under this Act.

Section 13. Protection from personal liability Section No matter or thing done by a member of the Council or agent of the Council shall, if the matter or thing is done bona fide for executing the functions, powers and duties of the Council under this Act, render the member or agent or any person acting on their directions personally liable to any action, claim or demand whatsoever.

Section 13Verify source

§ 14THE PUBLIC HEALTH OFFICERS AND TECHNICIANS COUNCIL - 14. Liability for damageProvision

The Council remains liable to pay compensation or damages to any person for injuries caused by exercising powers under the Act or by failure of works.

Section 14. Liability for damage Section The provisions of section 13 shall not relieve the Council of the liability, to pay compensation or damages to any person for any injury to him, his property or any of his interests caused by the exercise of any power conferred by this Act, or by the failure, whether wholly or partially, of any works.

Section 14Verify source

§ 3THE PUBLIC HEALTH OFFICERS AND TECHNICIANS COUNCIL - 3. Public Health Officers and Technicians CouncilProvision

Establishes the Public Health Officers and Technicians Council and lists powers and membership.

Section 3. Public Health Officers and Technicians Council Section 3(1) There is established a Council to be known as the Public Health Officers and Technicians Council. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of both movable and immovable property; Section 3(2)(c) borrowing money; Section 3(2)(d) entering into contracts; Section 3(2)(e) doing or performing all such other acts necessary for the proper performance of its functions under this Act, which may be lawfully done or performed by a body corporate. Section 3(3)(a) a public health officer of not less than ten years standing; and Section 3(3)(a)(i) a public health officer of not less than ten years standing; and Section 3(3)(a)(ii) the holder of a diploma, higher diploma or degree in public health; Section 3(3)(b) the Director of Medical Services or his representative; Section 3(3)(c) the Chief Public Health Officer who shall be the secretary to the Council; Section 3(3)(d) a representative of the Ministry for the time being responsible for urban areas and cities appointed by the cabinet secretary in consultation with the Association; Section 3(3)(e) one public health officer from a local authority, appointed by the Cabinet Secretary; Section 3(3)(f) the Director, Kenya Medical Training College or his representative; Section 3(3)(g) a representative of the universities in Kenya which award a qualification which is registrable under this Act, nominated by the universities; Section 3(3)(h) the Chairperson of the Association; Section 3(3)(i) four public health officers who shall represent various public health specialties specified by the Association; Section 3(3)(j) one representative of the Kenya Bureau of Standards; Section 3(3)(k) one representative of the Physical Planners Registration Board; and Section 3(3)(l) one public health technician who shall be elected by the Association. Section 3(4) The Council shall elect a vice-Chairperson from amongst its members.

Section 3Verify source

§ 4THE PUBLIC HEALTH OFFICERS AND TECHNICIANS COUNCIL - 4. Objects and functions of the CouncilProvision

The Council is established to supervise and control training, practice and employment of public health officers and technicians in Kenya and to advise the Government; it has specific functions including prescribing courses and entry requirements, conducting examinations, approving qualifications and institutions, licensing and regulating practice, regulating conduct and discipline, maintaining registers, establishing a code of conduct, publishing registered names annually, and prescribing badges and uniforms in consultation with the Cabinet Secretary.

Section 4. Objects and functions of the Council Section 4(1) The object and purpose for which the Council is established is to exercise general supervision and control over the training, practice and employment of public health officers and technicians in Kenya and to advise the Government in relation to all aspects thereof. Section 4(2)(a) in consultation with approved institutions, prescribe the courses of instruction for public health officers and public health technicians; Section 4(2)(b) prescribe the minimum educational entry requirements for persons wishing to be trained as public health officers or technicians; Section 4(2)(c) prescribe and conduct examinations in collaboration with the approved institutions; Section 4(2)(d) consider and approve the qualifications of public health officers and technicians for the purposes of registration under this Act; Section 4(2)(e) approve institutions other than those established or accredited under the Universities Act (Cap. 210) for the training of public health officers and technicians; Section 4(2)(f) license and regulate practice of registered public health officers and technicians; Section 4(2)(g) regulate the professional conduct of registered public health officers and public health technicians and take such disciplinary measures as may be appropriate to maintain proper professional standards; Section 4(2)(h) maintain a register and records of all public health officers and technicians registered under this Act; Section 4(2)(i) establish and maintain a professional code of conduct for all persons registered under this Act; Section 4(2)(j) cause to be published in the Kenya Gazette every calendar year the names of all registered public health officers and public health technicians; Section 4(2)(k) consider any other matters generally pertaining to public health officers and technicians including prescribing and approving all badges, insignias or uniforms to be worn by public health officers and technicians while on duty, in consultation with the Cabinet Secretary.

Section 4Verify source

§ 5THE PUBLIC HEALTH OFFICERS AND TECHNICIANS COUNCIL - 5. Powers of the CouncilProvision

The Council has the power to control, supervise and administer the assets of the Council in a manner and for purposes that best promote the Council's purpose.

Section 5. Powers of the Council Section control, supervise and administer the assets of the Council in such manner and for such purpose as best promotes the purpose for which the Council is established;

Section 5Verify source

§ 6THE PUBLIC HEALTH OFFICERS AND TECHNICIANS COUNCIL - 6. Tenure of officeProvision

The Chairperson or a member of the Council (except ex officio members) must hold office for three years and may be re-appointed for one further term; terms and conditions are as set in the instrument of appointment.

Section 6. Tenure of office Section The Chairperson or a member of the Council, other than an ex officio member, shall hold office for a period of three years, on such terms and conditions as may be specified in the instrument of appointment but shall be eligible for re-appointment for a further one term.

Section 6Verify source

§ 7THE PUBLIC HEALTH OFFICERS AND TECHNICIANS COUNCIL - 7. Termination of appointment of Chairperson and membersProvision

The Chairperson and members may resign from office at any time by notice to the Council through the Registrar.

Section 7. Termination of appointment of Chairperson and members Section at any time resign from office by notice to the Council, through the Registrar;

Section 7Verify source

§ 8THE PUBLIC HEALTH OFFICERS AND TECHNICIANS COUNCIL - 8. Disclosure of interestProvision

Members of the Council who have a direct or indirect personal interest in a matter must disclose that interest as soon as possible; the disclosure must be recorded in the minutes and the member must not be present, take part in, or vote during deliberations on the matter.

Section 8. Disclosure of interest Section 8(1) A member of the Council who has a direct or indirect personal interest in a matter being considered by the Council shall, as soon as possible after the relevant facts concerning the matter have come to his knowledge, disclose the nature of his interest to the Council. Section 8(2) A disclosure of interest made by a member of the Council under subsection (1) shall be recorded in the minutes of the meeting of the Council and the member shall not, in respect of the matter, be present or take part or vote during any deliberations on the matter by the Council.

Section 8Verify source

§ 9THE PUBLIC HEALTH OFFICERS AND TECHNICIANS COUNCIL - 9. Meetings of the CouncilAmendment

Section 9 sets rules for Council meetings: the Council must conduct its business as provided in the Schedule; except where the Schedule provides otherwise, the Council may regulate its own procedure; the Cabinet Secretary may amend the Schedule by Gazette notice; the Council may co-opt people who may not vote.

Section 9. Meetings of the Council Section 9(1) The conduct and regulation of the business and affairs of the Council shall be as provided in the Schedule. Section 9(2) Except as provided in the Schedule, the Council may regulate its own procedure. Section 9(3) The Cabinet Secretary may, by notice in the Gazette , amend the Schedule. Section 9(4) The Council may co-opt any person to participate in its deliberations, but a person so co-opted shall not have the right to vote.

Section 9Verify source

Part III

FINANCIAL PROVISIONS

§ 15FINANCIAL PROVISIONS - 15. Funds of the CouncilProvision

The Council's funds are monies that may be appropriated by Parliament for the purposes of the Council.

Section 15. Funds of the Council Section such monies as may be appropriated by Parliament for purposes of the Council;

Section 15Verify source

§ 16FINANCIAL PROVISIONS - 16. Financial yearProvision

The Council's financial year is the twelve-month period ending on 30 June each year.

Section 16. Financial year Section The financial year of the Council shall be the period of twelve months ending on the thirtieth day of June in every year.

Section 16Verify source

§ 17FINANCIAL PROVISIONS - 17. Annual estimatesCommencement

The Council must prepare annual revenue and expenditure estimates at least three months before each financial year, approve and submit them to the Cabinet Secretary for approval, and may not increase any sum in the approved estimates without the Cabinet Secretary's consent.

Section 17. Annual estimates Section 17(1) The Council shall, at least three months before the commencement of each financial year, cause to be prepared estimates of revenue and expenditure of the Council for that financial year. Section 17(2)(a) payment of salaries, allowances and other charges in respect of the members of staff or agents of the Council; Section 17(2)(b) payment of pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the Council; and Section 17(2)(c) proper maintenance of buildings and grounds of the Council; Section 17(2)(d) acquisition, maintenance, repair and replacement of the equipment and other movable property of the Council; and Section 17(2)(e) creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment, or in respect of such other matter as the Council may deem appropriate. Section 17(3) The annual estimates shall be approved by the Council before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval and after the Cabinet Secretary has given his approval, the Council shall not increase any sum provided in the estimates without the consent of the Cabinet Secretary. Section 17(4) No expenditure shall be incurred for the proposes of the Council except in accordance with the annual estimates approved under subsection (3). or in pursuance of an authorization by the Cabinet Secretary.

Section 17Verify source

§ 18FINANCIAL PROVISIONS - 18. Investment of fundsProvision

The Council may invest any of its funds in securities that trustees are allowed to invest in, or in other securities approved by the Treasury.

Section 18. Investment of funds Section The Council may invest any of the funds of the Council in securities in which, for the time being, trustees may by law invest funds or in any other securities which the Treasury may, from time to time, approve for that purpose.

Section 18Verify source

§ 19FINANCIAL PROVISIONS - 19. Accounts and auditProvision

The Council must keep all proper books and records of accounts and must determine and pay the fees of an auditor appointed under subsection (2).

Section 19. Accounts and audit Section 19(1) The Council shall cause to be kept all proper books and records of accounts of the income, expenditure, assets and liabilities of the Council. Section 19(2) The accounts of the Council shall be audited by the Auditor-General or by an auditor appointed by the Council with the written approval of the Auditor-General. Section 19(3)(a) a statement of income and expenditure during the year; Section 19(3)(b) a statement of the assets and liabilities of the Council on the last day of that year; Section 19(3)(c) a cash flow statement for the financial year; and Section 19(3)(d) any other statements and accounts that may be necessary to fully disclose the financial position of the Council. Section 19(4) The accounts of the Council shall be audited and reported upon in accordance with the Public Audit Act (Cap. 412B). Section 19(5) The fees payable to an auditor appointed under subsection (2) shall be determined and paid by the Council.

Section 19Verify source

§ 20FINANCIAL PROVISIONS - 20. Annual reportProvision

The Council must prepare and submit an annual report within three months after each financial year ends; the Cabinet Secretary must lay that report before the National Assembly within three months of the Assembly's next sitting after presentation.

Section 20. Annual report Section 20(1) The Council shall, within three months after the end of each financial year, prepare and submit to the Cabinet Secretary a report of the operations of the Council for the immediate proceeding year. Section 20(2) The Cabinet Secretary shall lay the annual report before the National Assembly within three months of the day the National Assembly next sits after the report is presented to him.

Section 20Verify source

Part IV

TRAINING AND REGISTRATION OF PUBLIC HEALTH OFFICERS AND TECHNICIANS

§ 21TRAINING AND REGISTRATION OF PUBLIC HEALTH OFFICERS AND TECHNICIANS - 21. Approved training institutionsOffence

Approved training institutions must admit persons for training, run prescribed courses or examinations, and must not issue documents implying completion; contravening these provisions is an offence with fines up to ten million shillings or imprisonment up to ten years; the Council must prescribe approval procedures for non-university institutions and the Registrar must publish the approved list.

Section 21. Approved training institutions Section 21(1)(a) admit persons for training with a view to qualifying for registration under this Act. Section 21(1)(b) conduct a course of training or administer the examination prescribed for the purpose of registration under this Act; or Section 21(1)(c) issue any document or statement implying that the holder thereof has undergone a course of training or passed the examinations prescribed by the Council for purposes of registration: Section 21(2) A person who contravenes any of the provisions of subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten million shillings, or to imprisonment for a term not exceeding ten years, or to both. Section 21(3) The Council shall prescribe the procedure for approving training institutions other than those established or accredited under the Universities Act (Cap. 210) for the purposes of this section. Section 21(4) The Registrar shall publish a list of the training institutions approved under this Act.

Section 21Verify source

§ 22TRAINING AND REGISTRATION OF PUBLIC HEALTH OFFICERS AND TECHNICIANS - 22. Supervisory functions of the CouncilProvision

The Council must ensure public health degree/diploma courses and exams meet standards; it may inspect, require information, forward reports, require improvements, and cancel or suspend recognition if standards are not improved.

Section 22. Supervisory functions of the Council Section 22(1) The Council shall satisfy itself that the courses of study to be followed by students for the award of a degree or diploma in public health, including the standard of proficiency required for admission thereto and the standards of examinations leading to the award of a degree or diploma, are sufficient to guarantee that the holder thereof has acquired the knowledge and skill necessary for the efficient practice of public health. Section 22(2)(a) appoint persons to visit any university or other institution in Kenya offering a course in public health and to report to it on the course of study, staffing and equipment available for training in public health and other arrangements available for such training; Section 22(2)(b) appoint persons to attend examinations in any aspect of public health at any university or institution and to report to it on the sufficiency of the examinations and on such matters relating thereto as the Council may require; or Section 22(2)(c) require the dean or head of the public health or environmental health department at any university or institution to provide written information to it concerning any of the matters referred to in paragraphs (a) or (b). Section 22(3) The Council shall forward a copy of any report made under subsection (2) to the university or institution concerned and may, if it is satisfied that the standard of any course or examination is insufficient, and after it has given the university or institution an opportunity to make observations on the report, in writing, require the university or institution to take such measures as the Council may specify to improve the standard of the course or examination. Section 22(4) If the Council, is satisfied that the university or institution referred to in subsection (3) has failed to take measures which are in the opinion of the Council necessary to improve the standard of any course or examination, the Council may cancel or suspend any recognition of a degree, diploma, or other qualification awarded by that university or institution. Section 22(5) A degree awarded prior to a cancellation or suspension under subsection (4) shall not be affected by the cancellation or suspension. Section 22(6) This section shall not apply to universities established or accredited under the Universities Act (Cap. 210).

Section 22Verify source

§ 23TRAINING AND REGISTRATION OF PUBLIC HEALTH OFFICERS AND TECHNICIANS - 23. The RegistrarProvision

The Chief Public Health Officer must serve as the Registrar of the Council and must perform duties prescribed by this Act.

Section 23. The Registrar Section The Chief Public Health Officer shall be the Registrar of the Council and shall perform such duties as are prescribed by this Act.

Section 23Verify source

§ 24TRAINING AND REGISTRATION OF PUBLIC HEALTH OFFICERS AND TECHNICIANS - 24. Persons eligible to be registeredProvision

Sets eligibility and registration procedures: persons must have relevant qualifications, training (including at least one year of supervised training as approved by the Council), satisfy the Council of competence and character, and may be required to undergo interviews or examinations; the Council assesses recognition of qualifications, may require further training or exams before registration, may delegate assessments, and must register qualified persons in the register.

Section 24. Persons eligible to be registered Section 24(1)(a) after obtaining that certificate, diploma or degree, he has engaged in training employment under the supervision of a registered public health officer for such period, being not less than one year, as the Council may approve; Section 24(1)(b) he satisfies the Council that, while engaged in training employment as specified in paragraph (a), he has acquired sufficient knowledge of, and experience in the practice of public health; and Section 24(1)(c) he satisfies the Council that he is a person of good moral character and a fit and proper person to be registered under this Act. Section 24(2) Where the Council does not recognise a certificate, diploma or degree in public health held by a person, for purposes of registration, it shall assess the person’s suitability for registration and for the purpose of so doing, may require that person to attend an interview and to undergo an oral or written examination. Section 24(3) Despite subsection (2), all certificates, diplomas or degrees issued by a university or accredited under the Universities Act (Cap. 210) shall be recognized by the Council. Section 24(4) The Council may, after assessing the suitability for registration of a person under subsection (1), direct that before registration, the person shall undergo such further period of training or pass such examination as it may specify. Section 24(5)(a) that the requirements of subsection (1) have been fulfilled; or Section 24(5)(b) in the case of a person referred to in subsection (2), that the requirements of subsection (1) have been fulfilled and that the person has undergone any further period of training or passed any examination specified by the Council under subsection (3). Section 24(6) The Council may, where it considers it expedient so to do, delegate the assessment of suitability for registration under subsection (2) to a committee of the Council which shall, after making the assessment, make recommendations to the Council accordingly. Section 24(7) The Council shall register every qualified person by entering his name, address, professional qualifications and such other particulars as the Council may prescribe, in the appropriate register kept for that purpose pursuant to section 26 .

Section 24Verify source

§ 25TRAINING AND REGISTRATION OF PUBLIC HEALTH OFFICERS AND TECHNICIANS - 25. Application for registrationProvision

A person who wants to be registered under this Act must apply to the Council.

Section 25. Application for registration Section 25(1) A person wishing to be registered under this Act shall apply to the Council. Section 25(2) An application under subsection (1) shall be in the prescribed form and shall be accompanied by the prescribed fee.

Section 25Verify source

§ 26TRAINING AND REGISTRATION OF PUBLIC HEALTH OFFICERS AND TECHNICIANS - 26. RegistersProvision

Public health officers and technicians must notify the Registrar of address changes; the Registrar may remove or reinstate names with conditions; any person may inspect the register and obtain copies on payment of a prescribed fee.

Section 26. Registers Section 26(1)(a) public health officers; and Section 26(1)(b) public health technicians, Section 26(2)(a) not later than the 31st March in every year, publish in the Gazette , the names, addresses and qualifications of all public health officers and technicians registered in the previous year; and Section 26(2)(b) subject to the directions of the Council, cause to be published any amendments or deletion from the registers. Section 26(3) Every public health officer or technician shall notify the Registrar of any change in his registered address. Section 26(4) The Registrar may, with the consent of the person concerned remove from the register, the name of a person who has ceased to practise. Section 26(5) A name removed from the register under subsection (4) may, at the request of the person concerned, on the approval of the Council and on payment of the prescribed fee, be reinstated by the Registrar. Section 26(6) Any person may inspect the register and any documents relating to any entry therein, and may obtain from the Registrar, a copy of, or an extract from the registers on payment of the prescribed fee.

Section 26Verify source

§ 27TRAINING AND REGISTRATION OF PUBLIC HEALTH OFFICERS AND TECHNICIANS - 27. AppealsProvision

A person aggrieved by the Council's decision not to register them under section 24 may appeal to the Cabinet Secretary within sixty days of being notified.

Section 27. Appeals Section A person aggrieved by a decision of the Council not to register him under section 24 may appeal to the Cabinet Secretary within sixty days of being notified of the decision.

Section 27Verify source

§ 28TRAINING AND REGISTRATION OF PUBLIC HEALTH OFFICERS AND TECHNICIANS - 28. Offences relating to registrationOffence

Persons must not practice as public health officers or technicians in Kenya unless registered under this Act; persons in charge of health institutions must not employ unregistered persons; false statements in registration applications are offences.

Section 28. Offences relating to registration Section 28(1) No person shall practice as a public health officer or technician in any health institution or in any other place in Kenya unless that person is registered under this Act. Section 28(2) A person who contravenes the provisions of subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand shillings, or to imprisonment for a term not exceeding twelve months, or to both. Section 28(3) No person shall, while in charge of a health institution or any other health organization in Kenya, employ a person who is not registered under this Act as a public health officer or technician. Section 28(4) A person who contravenes the provisions of subsection (3) commits an offence and shall, on conviction, be liable to a fine not exceeding one million shillings, or imprisonment for a term not exceeding five years, or to both. Section 28(5) Any person who, in an application for registration, willfully makes a false or misleading statement or utters a false certificate, commits an offence and shall, on conviction, be liable to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding five years, or to both.

Section 28Verify source

§ 29TRAINING AND REGISTRATION OF PUBLIC HEALTH OFFICERS AND TECHNICIANS - 29. Removal of names from the registerProvision

The Registrar must publish in the Gazette the name and address of every person whose name is removed from the Register under this section, as soon as reasonably practicable.

Section 29. Removal of names from the register Section 29(1)(a) the names of all deceased persons; Section 29(1)(b) the names of all persons removed from the register under section 26 (4) and section 41 (1)(e); or Section 29(1)(c) any entries fraudulently or erroneously made. Section 29(2) The Registrar shall, as soon as reasonably practicable, cause the name and address of every person whose name is removed from the Register under this section, to be published in the Gazette .

Section 29Verify source

Part V

PROVISIONS RELATING TO PRIVATE PRACTICE

§ 30PROVISIONS RELATING TO PRIVATE PRACTICE - 30. Qualification for private practiceOffence

Section 30(3) makes it an offence for a person to engage in private practice as a public health officer or technician contrary to the section, punishable by a fine not exceeding one million shillings, or imprisonment not exceeding five years, or both.

Section 30. Qualification for private practice Section 30(1)(a) is a Kenyan citizen; Section 30(1)(b) is registered under this Act; Section 30(1)(c) holds a valid practising certificate and annual licence issued under this Act; Section 30(1)(d) has served as a public health officer or technician under supervision for a period of not less than five years; and Section 30(1)(e) holds a certificate, diploma or a degree recognised by the Council under this Act. Section 30(2)(a) on his own account and is entitled to receive the entire amount of all fees and charges earned for his own financial benefit; Section 30(2)(b) by the Government or any other public body; Section 30(2)(b)(i) by the Government or any other public body; Section 30(2)(b)(ii) by a state corporation as defined by the State Corporations Act ( Cap. 446 ); or Section 30(2)(b)(iii) by any person or partnership engaged in his profession where all fees and charges earned by him are to the benefit of his employer, notwithstanding that he is engaged in his professional capacity as a public health officer or technician. Section 30(3) A person who engages in private practice as a public health officer or technician contrary to the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding five years, or to both.

Section 30Verify source

§ 31ProvisionOffence

The Council must make regulations prescribing the terms and conditions for public health officers and technicians practicing privately; breach is an offence punishable by up to KSh 100,000 or up to 12 months imprisonment or both.

Section 31. Terms and conditions of private practice Section 31(1) The Council shall, in regulations, prescribe the terms and conditions of the practice of a public health officer or technician engaged in private practice. Section 31(2)(a) the services to be rendered by a public health officer or technician in private practice; and Section 31(2)(b) the employment of a public health officer or technician in private institutions. Section 31(3) A person who breaches any term or condition prescribed by the Council under this section commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand shillings, or imprisonment for a term not exceeding twelve months, or to both.

Section 31Verify source

§ 32PROVISIONS RELATING TO PRIVATE PRACTICE - 32. Council to issue practicing certificates and annual licencesProvision

The Council must issue practising certificates and annual licences to public health officers or technicians, authorizing them to engage in private practice, in accordance with this Part and any rules made under the Act.

Section 32. Council to issue practicing certificates and annual licences Section The Council shall issue, in accordance with the provision of this Part and any rules made under this Act, a practising certificate and an annual licence to a public health officer or technician authorizing the public health officer or technician named therein to engage in private practice.

Section 32Verify source

§ 33PROVISIONS RELATING TO PRIVATE PRACTICE - 33. Application for practicing certificateProvision

Applicants must apply in duplicate to the Registrar, signed and specifying name, place of practice and date of registration; applications must include the prescribed fee; the Council must issue a practising certificate within sixty days if registered and not suspended; the Registrar must keep one copy of each application.

Section 33. Application for practicing certificate Section 33(1) An application for a practising certificate shall be made to the Registrar in duplicate, signed by the applicant, specifying his name and place of practice and the date of his registration as a public health officer or technician. Section 33(2) Every application under this section shall be accompanied by the prescribed fee. Section 33(3) The Council shall, where a public health officer or technician is duly registered under this Act and is not for the time being suspended from practice, within sixty days of receipt by the Council of the application, issue to the applicant a practising certificate in the prescribed form. Section 33(4) The Registrar shall keep one copy of every application delivered to him under this section.

Section 33Verify source

§ 34PROVISIONS RELATING TO PRIVATE PRACTICE - 34. Validity of practicing certificateProvision

Practising certificates take effect from their issue date, normally expire on 31st December of the year issued (but expire immediately if the holder's name is removed or struck off the register), and the Registrar must record the date of issue in the register.

Section 34. Validity of practicing certificate Section 34(1) Every practising certificate shall bear the date on which it is issued and shall have effect from that day. Section 34(2) A practising certificate issued under this section shall be valid from the date it is issued and shall expire on the 31st December of the year it is issued: Provided that, where the name of the public health officer or technician is removed or struck off the register, the practising certificate, if any, shall expire forthwith. Section 34(3) The Registrar shall enter in the register the date of issue of every practising certificate.

Section 34Verify source

§ 35PROVISIONS RELATING TO PRIVATE PRACTICE - 35. Renewal, cancellation and suspension of practicing certificateProvision

Rules for renewing, cancelling and suspending practising certificates: holders may apply for renewal at least thirty days before expiry; late renewals require a prescribed late fee; the Council can renew or refuse/cancel/withdraw/suspend (suspension up to twelve months) for misconduct or breaches; aggrieved officers may appeal to the Cabinet Secretary within thirty days and that decision is final.

Section 35. Renewal, cancellation and suspension of practicing certificate Section 35(1) A public health officer or technician issued with a practising certificate may apply for renewal of the certificate in the prescribed form at least thirty days before the date of expiry thereof. Section 35(2) A public health officer or technician who fails to renew his practising certificate within the prescribed period shall, when applying for a renewal, be required to pay such late application fee, as shall be prescribed by the Council. Section 35(3) The Council shall have the power to renew any practising certificate and may, refuse to renew, cancel, withdraw or suspend a practising certificate for a period not exceeding twelve months, if satisfied that the public health officer or technician is guilty of professional misconduct or is in breach of any provisions of this Act or any regulations made thereunder. Section 35(4) A public health officer or technician aggrieved by the decision of the Council in the exercise of its powers under subsection (3) may appeal to the Cabinet Secretary within thirty days of the receipt of the decision and the decision of the Cabinet Secretary shall be final.

Section 35Verify source

§ 36PROVISIONS RELATING TO PRIVATE PRACTICE - 36. Application for annual licenceProvision

A person registered under this Act who wishes to engage in private practice may apply for an annual licence in the prescribed form and pay the prescribed fee.

Section 36. Application for annual licence Section A person registered under this Act who wishes to engage in private practice may apply for an annual licence in the prescribed form and pay the prescribed fee.

Section 36Verify source

Part VI

DISCIPLINE

§ 37DISCIPLINE - 37. Disciplinary committeeProvision

Defines the membership of the Disciplinary Committee and states that the quorum is four members.

Section 37. Disciplinary committee Section 37(1)(a) the Chairperson of the Association who shall be Chairperson of the Committee; Section 37(1)(b) one representative of the Cabinet Secretary who shall be a member of the Council; Section 37(1)(c) one representative of the Attorney-General; Section 37(1)(d) the Registrar who shall be the secretary; and Section 37(1)(e) one public health technician from private practice nominated by the Council, who is not a member of the Council. Section 37(2) The quorum of the Committee shall be four members.

Section 37Verify source

§ 38DISCIPLINE - 38. Reference of matters to CommitteeOffence

Conviction of an offence punishable by imprisonment which, in the opinion of the Council, has dishonored him in the public estimation.

Section 38. Reference of matters to Committee Section convicted of an offence punishable by imprisonment, the commission of which in the opinion of the Council, has dishonored him in the public estimation; or

Section 38Verify source

§ 39DISCIPLINE - 39. Functions of the CommitteeProvision

The Committee must inquire into matters referred to it by the Council under section 37 and make recommendations to the Council.

Section 39. Functions of the Committee Section The functions of the Committee shall be to inquire into any matter referred to it by the Council under section 37 and to make its recommendations thereon to the Council.

Section 39Verify source

§ 40DISCIPLINE - 40. Procedure of the CommitteeProvision

Section 40 gives persons subject to an inquiry the opportunity to be heard, and authorizes the Committee to administer oaths, compel witnesses and documents, and to regulate its own disciplinary procedure.

Section 40. Procedure of the Committee Section 40(1) Upon an inquiry under section 39 , the public health officer or technician subject to the inquiry shall be afforded an opportunity to be heard either in person or through an advocate. Section 40(2) For the purpose of proceedings at any inquiry by the Committee, the Committee may administer oaths or affirmations and may, subject to any regulations made under section 46 , enforce the attendance of persons as witnesses and the production of any books or other documents relevant to the inquiry. Section 40(3) The Committee shall, subject to any regulations made under this Act, have power to regulate its own procedure in any disciplinary proceedings.

Section 40Verify source

§ 41DISCIPLINE - 41. Disciplinary measuresProvision

Section 41 authorises the Council to take disciplinary measures (admonishment; suspend registration or practising certificates; impose fines; remove names) and sets procedures and consequences (reimbursement orders, surrender of certificates, liability for failing to surrender, and an appeal to the High Court within 60 days).

Section 41. Disciplinary measures Section 41(1)(a) issue the public health officer or technician with a letter of admonishment; Section 41(1)(b) suspend the registration certificate of the public health officer or technician for a specified period not exceeding twelve months; Section 41(1)(c) suspend, withdraw or cancel the practising certificate of the public health officer or technician for a period not exceeding three months; Section 41(1)(d) impose a fine which the Council deems appropriate in the circumstances; or Section 41(1)(e) remove the name of the public health officer or technician from the register. Section 41(2) The Council may order a public health officer or public officer technician to reimburse costs and witness expenses incurred in connection with a disciplinary hearing and such costs shall be a civil debt recoverable summarily by the Council. Section 41(3) Where, after the hearing in disciplinary proceedings under this Act the Committee recommends to the Council that a public health officer or technician is unfit to practice as a result of ill-health, the Council may, if satisfied with the Committee’s recommendations, withdraw the certificate of registration or practising certificate of the public health officer or technician until such time as the Council is satisfied that the officer or public health technician is fully recovered to resume his duties. Section 41(4) A public health officer or technician who has been suspended from practice or whose licence to practice has been withdrawn or cancelled shall, from the date of the suspension, withdrawal or cancellation, surrender his registration and practising certificates and annual licence to the Registrar. Section 41(5) A public health officer or technician who refuses or fails to surrender his badges, licences or certificates to the Registrar on request shall be guilty of professional misconduct and liable to a fine of not less than twenty thousand shillings by the Council. Section 41(6) A public health officer or technician who is 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.

Section 41Verify source

§ 42DISCIPLINE - 42. Lifting of suspensionProvision

Section 42. Lifting of suspension Section 42(1) A public health officer or technician who has been suspended from practising, may appeal to the Council for the lifting of the suspension at any time before the expiry thereof. Section 42(2) Where the Council is satisfied that the suspension of a public health officer or technician should be lifted, the Council shall, upon the receipt of the prescribed fee, lift the suspension and restore to the public health officer or technician, his registration and practising certificates and his annual licence.

Section 42Verify source

§ 43DISCIPLINE - 43. Restoration of name in registerProvision

A public health officer or public health technician whose name was removed may, after three years from removal, appeal to the Council to have their name restored; the Council may restore the name after considering the appeal and on payment of the prescribed fee.

Section 43. Restoration of name in register Section 43(1) A public health officer or public health technician whose name has been removed from the register may, after the expiry of a period of three years from the date of such removal, appeal to the Council for restoration of his name in the register. Section 43(2) The Council may, after considering the appeal made under subsection (1), cause the name of the applicant to be restored in the appropriate register, upon payment of the prescribed fee.

Section 43Verify source

Part VII

MISCELLANEOUS PROVISIONS

§ 44MISCELLANEOUS PROVISIONS - 44. CertificatesProvision

Persons whose name is removed from the register (or their legal representatives for deceased persons) must surrender that person's certificate of registration to the Council within thirty days of publication.

Section 44. Certificates Section 44(1) A certificate under the seal of the Council to the effect that a person is or was at any date registered under this Act shall be conclusive evidence of the facts so stated. Section 44(2) All certificates under the seal of the Council shall remain the property of the Council. Section 44(3) A person whose name is removed from the register or in the case of a deceased person, his legal representative shall, within thirty days of the publication of such removal, surrender the certificate of registration of that person to the Council. Section 44(4)(a) destroys or defaces a certificate of registration; Section 44(4)(b) without reasonable excuse, is in possession of a certificate of registration not issued to him; or Section 44(4)(c) fails to surrender a certificate of registration under subsection (3),

Section 44Verify source

§ 45MISCELLANEOUS PROVISIONS - 45. General penaltyOffence

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

Section 45. General penalty Section A person convicted of an offence under this Act for which no penalty is provided shall, on conviction, be liable to a fine not exceeding thirty thousand shillings or to imprisonment for a term not exceeding two years, or to both.

Section 45Verify source

§ 46MISCELLANEOUS PROVISIONS - 46. RegulationsProvision

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

Section 46. Regulations Section the form and method of keeping the registers and other records under this Act;

Section 46Verify source

Legislative relationships

4 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

4 instruments

Council and must perform duties prescribed by this Act
Section 23
Council shall be audited and reported upon in accordance with the Public Audit Act
Section 19
Council to the effect that a person is or was at any date registered under this Act
Section 44
Council under this Act
Sections 10, 13

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