Kenya Act or statute

Parliament of Kenya

Clinical Officers (Training, Registration and Licensing) Act

Jurisdiction: Kenya
Structure: 32 provisions
Citation: Cap. 253E
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 Clinical Officers (Training, Registration and Licensing) Act.”

This Act may be cited as the Clinical Officers (Training, Registration and Licensing) Act. Section 2 provides definitions of terms used in the Act, including 'approved training institution', 'Cabinet Secretary', 'certificate', 'clinic', 'clinical officer', 'Council', 'Kenya Clinical Officers Association', 'medical centre', 'private practice', 'register', and 'Registrar'. Section title: "Co-operation with other organisations" and mentions the Commission for University Education and other regulators in the field of education. The common seal must be kept in the custody of the Registrar or such other person as the Council may direct; the seal must be authenticated by the signature of the Chairperson or the Registrar. The Council, its staff and Council members are not subject to liability for loss or damage to a person resulting from acts or omissions done in good faith and without negligence while performing or intending to perform duties or powers under this Act.

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PRELIMINARY - 1. Short title

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

Section 1

THE CLINICAL OFFICERS COUNCIL OF KENYA - 6. Powers of the Council

The Council has the powers necessary to perform its functions and specific powers including managing assets, receiving funds, investing surplus funds, setting or waiving fees, recovering debts, maintaining bank accounts, and collaborating with other bodies.

Section 6

TRAINING AND REGISTRATION OF CLINICAL OFFICERS - 17. Unregistered persons rendering medical services

A person must not render medical services in Kenya as a clinical officer unless registered by the Council; contravention is an offence with fines or imprisonment.

Section 17

PROVISIONS RELATING TO LICENSING AND PRACTICE - 23A. Professional indemnity

Clinical officers must take annual professional indemnity cover; health institutions must insure annually against professional liability of their staff.

Section 23A

MISCELLANEOUS PROVISIONS - 31. Regulations

The Cabinet Secretary must, after consultation with the Council, make rules for carrying out this Act, including specified topics listed in subsections (2)(a)–(f).

Section 31

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Showing 32 of 32 provisions

Provision 21Offence 6Commencement 3Short title

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

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

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

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

Section 2 provides definitions of terms used in the Act, including 'approved training institution', 'Cabinet Secretary', 'certificate', 'clinic', 'clinical officer', 'Council', 'Kenya Clinical Officers Association', 'medical centre', 'private practice', 'register', and 'Registrar'.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— “approved training institution” means such training institution within or outside Kenya as may be approved by the Council by notice in the Gazette for the purposes of this Act; “Cabinet Secretary” means the Cabinet Secretary for the time being responsible for matters relating to health; “certificate” means a certificate of registration issued by the Council to a person entitled to be registered under this Act; “clinic” means a consulting room, office or a department of a hospital or nursing home without beds used by a clinical officer for the diagnosis and treatment of disease or the giving of medical or dental, instructions or service inspected and approved by the Council; “clinical officer” means a person who having successfully undergone a prescribed course of training in an approved institution is a holder of a diploma or degree certificate in clinical medicine and community health; “Council” means the Clinical Officers Council established under section 3 ; “Kenya Clinical Officers Association” means the Kenya Clinical Officers Association registered by the Registrar of Societies; "medical centre" means any such approved health facility operated by a clinical officer with a bed capacity of not more than fifteen to provide preventive, promotive, curative and rehabilitative services; “private practice” means the practice of medicine, dentistry, orthopaedics or health work by a clinical officer for a fee either in kind or cash; “register” means the register of clinical officers which the Registrar is required to maintain established under section 15 (5); “Registrar” means the Registrar of clinical officers as provided under section 15 (1). [Act No. 5 of 2019 , Sch.]

Section 2Verify source

Part II

THE CLINICAL OFFICERS COUNCIL OF KENYA

§ 10THE CLINICAL OFFICERS COUNCIL OF KENYA - 10. Co-operation with other organisationsProvision

Section title: "Co-operation with other organisations" and mentions the Commission for University Education and other regulators in the field of education.

Section 10. Co-operation with other organisations Section the Commission for University Education and other regulators in the field of education, generally;

Section 10Verify source

§ 11THE CLINICAL OFFICERS COUNCIL OF KENYA - 11. The common seal of the CouncilProvision

The common seal must be kept in the custody of the Registrar or such other person as the Council may direct; the seal must be authenticated by the signature of the Chairperson or the Registrar.

Section 11. The common seal of the Council Section 11(1) The common seal of the Council shall be kept in the custody of the Registrar or of such other person as the Council may direct, and shall not be used except upon the order of the Council. Section 11(2) The common seal of the Council, 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 given. Section 11(3) The common seal of the Council shall be authenticated by the signature of the Chairperson of the Council or the Registrar.

Section 11Verify source

§ 12THE CLINICAL OFFICERS COUNCIL OF KENYA - 12. Protection of the Council from liabilityProvision

The Council, its staff and Council members are not subject to liability for loss or damage to a person resulting from acts or omissions done in good faith and without negligence while performing or intending to perform duties or powers under this Act.

Section 12. Protection of the Council from liability Section 12(1) Liability shall not attach to the Council, or to any of its staff, or to a member of the Council for loss or damage sustained to any person as a result of any act or omission done or made in good faith and without negligence in the performance or exercise or the intended performance or exercise of any duty or power imposed or conferred by this Act. Section 12(2) The provisions of subsection (1) 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 the powers conferred on the Council by this Act or by any written law or by the failure, whether wholly or partially, of any works.

Section 12Verify source

§ 3THE CLINICAL OFFICERS COUNCIL OF KENYA - 3. Establishment of the CouncilProvision

Establishes the Clinical Officers Council of Kenya and lists powers the Council may exercise, including suing and being sued, acquiring and disposing of property, borrowing money, entering contracts, and performing acts necessary for its functions.

Section 3. Establishment of the Council Section 3(1) There is established a Council to be known as the Clinical Officers Council of Kenya. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, charging and disposing of moveable and immovable property; Section 3(2)(c) borrowing money; Section 3(2)(d) entering into contracts; Section 3(2)(e) doing or performing all other things or acts necessary for the proper performance of its functions under this Act, which may lawfully be done or performed by a body corporate.

Section 3Verify source

§ 4THE CLINICAL OFFICERS COUNCIL OF KENYA - 4. Composition of the CouncilOffence

Defines the composition of the Clinical Officers Council, listing member categories and qualification/appointment rules including Gazette notification, Cabinet Secretary appointments, the one‑third principle with attention to marginalised and disabled persons, three‑year terms with possible reappointment, and grounds for vacancy.

Section 4. Composition of the Council Section 4(1)(a) a relevant bachelors' degree from a recognised university; Section 4(1)(a)(i) a relevant bachelors' degree from a recognised university; Section 4(1)(a)(ii) at least ten years' relevant experience; Section 4(1)(a)(iii) be registered as a clinical officer under this Act; Section 4(1)(b) the Director-General for health or his or her designated representative; Section 4(1)(c) the Chief Clinical Officer; Section 4(1)(d) one clinical officer elected by members of faculty of Clinical Medicine from Kenya Medical Training College; Section 4(1)(e) one clinical officer representing the Kenya Clinical Officers Association who shall be nominated by the Association and appointed by the Cabinet Secretary; Section 4(1)(f) one clinical officer representing universities training clinical officers, elected by the teaching staff from among their number; Section 4(1)(g) the Registrar who shall be an ex officio member and secretary to the Council; Section 4(1)(h) two clinical officers, one in public practice and the other in private practice from each gender nominated by the Cabinet Secretary; Section 4(1)(i) one person with knowledge and expertise in finance or audit appointed by the Cabinet Secretary; and Section 4(1)(j) one person representing the public nominated by consumer organisations and appointed by the Cabinet Secretary. Section 4(2) All appointments under this section shall be notified in the Gazette . Section 4(3) The Cabinet Secretary shall, in appointing the members of the Council, uphold the principle of one-third and ensure the composition of the Board takes into account the marginalised and those with disabilities. Section 4(4)(a) a clinical officer of not less than ten years' standing; Section 4(4)(b) registered as a clinical officer under this Act; and Section 4(4)(c) one who meets the requirements of Chapter Six of the Constitution. Section 4(5) The Chairperson and each member elected under subsection (1) shall hold office for a term of three years and shall be eligible for re-appointment for a further term of three years. Section 4(6)(a) by notice in writing addressed to the Cabinet Secretary, resign from office; Section 4(6)(b) is absent from three consecutive meetings of the full Council without permission of the Chairperson; Section 4(6)(b)(i) is absent from three consecutive meetings of the full Council without permission of the Chairperson; Section 4(6)(b)(ii) is convicted of a criminal offence and sentenced to imprisonment for a term exceeding six months; or Section 4(6)(b)(iii) is incapacitated by physical or mental illness that leads to inability to perform the functions of the office.

Section 4Verify source

§ 5THE CLINICAL OFFICERS COUNCIL OF KENYA - 5. Functions of the CouncilProvision

The Council is tasked with supervising and controlling training and professional practice of clinical officers in Kenya and performs a list of functions including advising government policy, prescribing entry requirements, approving training institutions and programs, registering and licensing clinical officers, maintaining registers, publishing registered names annually, promoting codes of practice, regulating professional conduct and standards, collaborating with relevant bodies, prescribing badges or uniforms, and carrying out other implementation functions.

Section 5. Functions of the Council Section 5(1) The main object and purpose of the Council is the supervision and control of the training and professional practice of clinical officers in Kenya. Section 5(2)(a) advise the government on policy matters relating to clinical medicine practice; Section 5(2)(b) prescribe the minimum educational entry requirements for persons wishing to be trained as clinical officers; Section 5(2)(c) approve institutions other than those established or accredited under the Universities Act (Cap. 210) for the training of clinical officers; Section 5(2)(d) establish, approve and accredit programs for continuing professional educational programs; Section 5(2)(e) register and license clinical officers for the purposes of this Act; Section 5(2)(f) maintain a register and records of all clinical officers registered under this Act; Section 5(2)(g) cause to be published in the Kenya Gazette every calendar year the names of all registered clinical officers; Section 5(2)(h) promote development and adoption of codes of practice; Section 5(2)(i) regulate the professional conduct and ensure the maintenance and improvement of the standards of practice of clinical medicine; Section 5(2)(j) collaborate with other medical professional associations, organisations and other relevant bodies, in the furtherance of the functions of the Council and those bodies; Section 5(2)(k) consider and deal with any other matter pertaining to clinical officers including prescribing badges, insignias or uniforms to be worn by clinical officers; and Section 5(2)(l) carry out other functions related to the implementation of this Act.

Section 5Verify source

§ 6THE CLINICAL OFFICERS COUNCIL OF KENYA - 6. Powers of the CouncilProvision

Section 6. Powers of the Council Section 6(1) The Council shall have all powers necessary for the proper performance of the functions of the Council under this Act. Section 6(2)(a) control, supervise and administer the assets of the Council in such manner as best promotes the efficient, effective and ethical use of such assets; Section 6(2)(b) receive any grants, gifts, donations or endowments and make legitimate disbursements therefrom; Section 6(2)(c) invest any funds of the Council not immediately required for its purposes in the manner provided in section 30 ; Section 6(2)(d) impose, waiver, remit, refund or exempt the payment of fees or charges for the services rendered by the Council; Section 6(2)(e) recover debts accrued from defaulting entities; Section 6(2)(f) establish and maintain bank accounts for the funds of the Council; and Section 6(2)(g) collaborate with other bodies or organizations within or outside Kenya in so far as appropriate for the performance of its functions under this Act.

Section 6Verify source

§ 7THE CLINICAL OFFICERS COUNCIL OF KENYA - 7. Conduct of business and affairs of the CouncilProvision

The Council must conduct and regulate its business and affairs as set out in the First Schedule; except as provided in that Schedule, the Council may regulate its own procedure.

Section 7. Conduct of business and affairs of the Council Section 7(1) The conduct and regulation of the business and affairs of the Council shall be as provided for in the First Schedule. Section 7(2) Except as provided in the First Schedule, the Council may regulate its own procedure.

Section 7Verify source

§ 8THE CLINICAL OFFICERS COUNCIL OF KENYA - 8. Remuneration of members of the CouncilProvision

The Council must pay its members remuneration that is approved by the Cabinet Secretary on the advice of the Salaries and Remuneration Commission.

Section 8. Remuneration of members of the Council Section The Council shall pay its members such remuneration as may be approved by the Cabinet Secretary upon the advice of the Salaries and Remuneration Commission.

Section 8Verify source

§ 9THE CLINICAL OFFICERS COUNCIL OF KENYA - 9. Staff of the CouncilProvision

The Council may employ such staff as it considers necessary; staff shall be employed on terms and conditions determined by the Council upon the advice of the Salaries and Remuneration Commission.

Section 9. Staff of the Council Section 9(1) The Council may employ such staff as it considers necessary for the proper performance of its functions and exercise of its powers under this Act. Section 9(2) A staff member shall be employed by the Council upon terms and conditions of service that the Council may determine upon the advice of the Salaries and Remuneration Commission.

Section 9Verify source

Part III

TRAINING AND REGISTRATION OF CLINICAL OFFICERS

§ 13TRAINING AND REGISTRATION OF CLINICAL OFFICERS - 13. Approved training institutionsOffence

The Council must approve all institutions that train persons for registration under the Act; contravening subsection (2) is an offence punishable by a fine up to five hundred thousand shillings or imprisonment up to three years.

Section 13. Approved training institutions Section 13(1) The Council shall approve all institutions charged with the training of persons to be registered under this Act. Section 13(2)(a) admit persons for training with a view to qualifying for registration under this Act; or Section 13(2)(b) conduct a course of training or administer the examination prescribed for the purposes of registration under this Act; or Section 13(2)(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 13(3) A person who contravenes sub section (2) commits and offence and is liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment to a term not exceeding three years or to both. Section 13(4) The Council shall index all students with minimum entry requirements on admission to an approved training institution and the number of students in each class not to exceed the prescribed and approved number by the Council. Section 13(5) The Council shall administer a pre-internship assessment.

Section 13Verify source

§ 14TRAINING AND REGISTRATION OF CLINICAL OFFICERS - 14. Power to enter and inspectOffence

The Council has power to enter and inspect any institution training persons for registration under the Act; a person who obstructs that inspection commits an offence and is liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding three years or to both.

Section 14. Power to enter and inspect Section 14(1) The Council shall have power to enter and inspect any institution in charge of training of persons to be registered under this Act. Section 14(2) A person who obstructs or causes the obstruction of the Council from entering and inspecting such institution, commits an offence and is liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding three years or to both.

Section 14Verify source

§ 15TRAINING AND REGISTRATION OF CLINICAL OFFICERS - 15. Registrar and registerCommencement

Establishes a Registrar appointed by the Council (competitive process) with at least ten years as a clinical officer; defines the Registrar's term, roles (CEO and secretary), duties to manage staff, create and maintain a Clinical Officer's Register, publish an annual list by 31 March, make register alterations subject to Council directions, and allows public inspection and copies on payment of prescribed fee.

Section 15. Registrar and register Section 15(1) There shall be a Registrar appointed by the Council through a competitive and transparent process, who has served as a clinical officer for a period of not less than ten years. Section 15(1A)(a) holds a bachelors' degree from a university recognized in Kenya; Section 15(1A)(b) has at least fifteen years' experience; and Section 15(1A)(c) is registered as a clinical officer under this Act. Section 15(1B) The Registrar shall serve for a term of four years and shall be eligible for re-appointment for a further and final term of four years. Section 15(2) The Registrar shall be the Chief Executive Officer and secretary to the Council. Section 15(3) The Registrar shall be an ex officio member of the Council and shall have no right to vote at any meeting of the Council. Section 15(4) The Registrar shall manage and control the Council's staff, administration and business. Section 15(5) The Registrar shall as soon as is practicable after the commencement of the Act, establish and maintain for the purposes of this Act a register containing relevant documents of qualified clinical officers to be known as Clinical Officer's Register. Section 15(6)(a) not later than the 31st March in every year, publish in the Gazette , and in the official Council website, a list of names, addresses and qualifications of the registered clinical officers; and Section 15(6)(b) subject to the directions of the Council, make any necessary alterations or corrections in the register in relation to an entry therein including the deletion of names of clinical officers who have died and entries which have been fraudulently or incorrectly made. Section 15(7) Any person may inspect the register and any documents relating to any entry, and may obtain from the Registrar, a copy of, or an extract from the registers on payment of the prescribed fee. [Act No. 5 of 2019 , Sch.]

Section 15Verify source

§ 16TRAINING AND REGISTRATION OF CLINICAL OFFICERS - 16. Registration and effect of registrationProvision

Section 16 sets out that the Council shall register every qualified person in the register; the Registrar shall issue registration certificates with Council approval; an aggrieved person may appeal to the High Court within sixty days; and a registered person is entitled to render medical services in approved Kenyan medical institutions.

Section 16. Registration and effect of registration Section 16(1)(a) has successfully undergone a prescribed course of training at an approved training institution; Section 16(1)(b) has applied for registration in the prescribed form; Section 16(1)(c) has paid the prescribed fees for registration; Section 16(1)(d) is a fit and proper person to be registered; and Section 16(1)(e) has applied for registration and has passed the requisite examinations as prescribed by the Council. Section 16(2)(a) holds a diploma or degree obtained from an institution that is accredited and recognized by the regulating authority responsible for the registration of clinical officers in the country where he studied; Section 16(2)(b) has engaged in medical practice under the supervision of a clinical officer registered by the Council for such period, being not less than twelve months, as the Council may approve; and Section 16(2)(c) has, to the satisfactory of the Council qualifications that meet such requirements for a course leading to a qualification as a clinical officer as the Council shall from time to time prescribe pursuant to section 5 (2)(b). Section 16(3) 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 15 . Section 16(4) Any person who is aggrieved by the decision of the Council not to register him may appeal to the High Court within sixty days of such refusal and the High Court may confirm, annul or vary the Council's decision. Section 16(5) The Registrar shall, with the approval of the Council, issue to every person registered under this Act, a certificate of registration in the prescribed form. Section 16(6) A person who has been registered by the Council shall be entitled to render medical services in any medical institution in Kenya approved for the purposes of this section by the Cabinet Secretary by notice in the Gazette .

Section 16Verify source

§ 17TRAINING AND REGISTRATION OF CLINICAL OFFICERS - 17. Unregistered persons rendering medical servicesOffence

A person must not render medical services in Kenya as a clinical officer unless registered by the Council; contravention is an offence with fines or imprisonment.

Section 17. Unregistered persons rendering medical services Section 17(1) A person shall not render medical services in Kenya as clinical officer unless he has been registered by the Council under this Act. Section 17(2) Any person who contravenes 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 five years, or to both. Section 17(3) Any person who attempts to obtain or obtains registration by false pretences or who utters a false certificate with intent to obtain registration shall be liable to a fine of not less than fifty thousand shillings or to imprisonment for six months or to both.

Section 17Verify source

§ 18TRAINING AND REGISTRATION OF CLINICAL OFFICERS - 18. Surrender of certificatesProvision

If a person's name is deleted from the register, that person must surrender their certificate of registration to the Council within thirty days of the deletion's publication in the Gazette; if the person has died, the deceased's legal representative must surrender the certificate to the Council.

Section 18. Surrender of certificates Section Every person whose name is deleted from the register for any reason shall within thirty days of publication of the deletion in the Gazette , surrender his certificate of registration to the Council for cancellation and where such person has died the deceased's legal representative shall surrender the certificate to the Council.

Section 18Verify source

§ 19TRAINING AND REGISTRATION OF CLINICAL OFFICERS - 19. Use of titlesProvision

The Council must prescribe the title(s) that may be used to show a person is registered under this Act.

Section 19. Use of titles Section The Council shall prescribe such title or titles as may be used to denote that a person is registered under this Act.

Section 19Verify source

Part IV

PROVISIONS RELATING TO LICENSING AND PRACTICE

§ 20PROVISIONS RELATING TO LICENSING AND PRACTICE - 20. Qualification for private practiceOffence

A person must not engage in private practice as a clinical officer unless they hold a valid practicing certificate issued under this Act.

Section 20. Qualification for private practice Section 20(1) A person shall not engage in private practice as a clinical officer unless that person holds a valid practicing certificate issued under this Act. Section 20(2)(a) is registered as a clinical officer under this Act; Section 20(2)(b) has practiced as a clinical officer under a senior clinical officer or senior medical officer for a period of not less than three years; and Section 20(2)(c) holds a valid practicing licence issued under this Act. Section 20(3)(a) on the person's own account and is entitled to receive the entire amount of all fees and charges earned for the person's own financial benefit; and Section 20(3)(b) by the government; Section 20(3)(b)(i) by the government; Section 20(3)(b)(ii) by a state corporation as defined by the State Corporations Act; or Section 20(3)(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. Section 20(4) A person who engages in private practice as a clinical officer contrary to the provisions of this section commits an offence and shall, on conviction, be liable to a fine not more than five hundred thousand shillings, or to imprisonment for a term not less than one year, or to both. Section 20(5) The Council shall register and license medical centres and medical clinics for private practice by clinical officers. Section 20(6) No premises shall be used for the purpose of private practice unless such premises is inspected, registered and licensed by the Council. Section 20(7) The initial inspection for licensing shall be conducted by a joint inspection team or any relevant authorized body for the purposes of this Act. Section 20(8) The Council shall have power to enter any practice premises at all times, for the purposes of this Act. Section 20(9)(a) examine; Section 20(9)(b) diagnose; Section 20(9)(c) order laboratory and imaging investigations; Section 20(9)(d) prescribe treatment; and Section 20(9)(e) perform procedures, as per their scope of training.

Section 20Verify source

§ 21PROVISIONS RELATING TO LICENSING AND PRACTICE - 21. Application for practicing licenseProvision

Applications for a private practicing licence must be made in duplicate to the Registrar in the prescribed form; the application must be accompanied by the prescribed fee; the Council must issue a practicing certificate to a duly registered, unsuspended clinical officer within sixty days of receipt; the Registrar must keep one copy of each application; any person may inspect the register or obtain copies/extracts on payment of the prescribed fee.

Section 21. Application for practicing license Section 21(1) An application for private practicing licence shall be made to the Registrar in duplicate, in the prescribed form. Section 21(2) An application under this section shall be accompanied by the prescribed fee. Section 21(3) The Council shall, where a clinical officer 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 practicing certificate in the prescribed form. Section 21(4) The Registrar shall keep one copy of every application delivered to him under this section. Section 21(5) Any person may inspect the register and any documents relating to any entry, and may obtain from the Registrar, a copy of, or an extract from the registers on payment of the prescribed fee.

Section 21Verify source

§ 22PROVISIONS RELATING TO LICENSING AND PRACTICE - 22. Validity of licenceCommencement

Persons may not practise clinical medicine after 12 months from commencement unless they hold a registration certificate and practising licence; the Council may manage licences (renew, refuse, cancel, withdraw, suspend) and the Registrar must record licence issue dates; aggrieved persons may appeal to the High Court within 30 days.

Section 22. Validity of licence Section 22(1) After the expiry of twelve months from the commencement of this Act, no person shall engage in the practice of clinical medicine unless that person has been duly issued with a registration certificate and a practicing license by the Council in accordance with this Act. Section 22(2) A licence issued under this Act shall be valid from the date it is issued and shall expire on the 31st December of the year it is issued. Section 22(3) Subject to subsection (2), where the name of the clinical officer is struck off the register, the licence, if any, shall expire forthwith. Section 22(4) The Council shall have the power to renew any licence and may, refuse to renew, cancel, withdraw or suspend a licence for a period not exceeding twelve months, if satisfied that the clinical officer is guilty of professional misconduct or is in breach of any provisions of this Act or any regulations made under this Act. Section 22(5) The Registrar shall enter in the register the date of issue of every licence. Section 22(6) Any person who is aggrieved by the decision of the Council made under the provisions of this section may appeal within thirty days to the High Court and the High Court may confirm, vary, or annul the decision of the Council.

Section 22Verify source

§ 23ProvisionProvision

The Cabinet Secretary, after consulting the Council, must prescribe by regulations the terms and conditions for the business and practice of a clinical officer engaged in private practice.

Section 23. Terms and conditions of private practice Section The Cabinet Secretary in consultation with the Council shall, in regulations, prescribe the terms and conditions of the business and practice of a clinical officer engaged in private practice.

Section 23Verify source

§ 23APROVISIONS RELATING TO LICENSING AND PRACTICE - 23A. Professional indemnityProvision

Clinical officers must take annual professional indemnity cover; health institutions must insure annually against professional liability of their staff.

Section 23A. Professional indemnity Section Every clinical officer shall in each every year take a professional indemnity cover and every health institution shall in each year insure the health institution against professional liability of its staff. [Act No. 5 of 2019 , Sch.]

Section 23AVerify source

Part V

DISCIPLINE

§ 24DISCIPLINE - 24. Establishment of the Disciplinary CommitteeProvision

Establishes a Disciplinary Committee, lists its membership, gives it functions to handle complaints, inspect premises, seize objects, seek legal advice, request assistance, and requires it to regulate its own procedures.

Section 24. Establishment of the Disciplinary Committee Section 24(1) There is established a Disciplinary Committee. Section 24(2)(a) the Chairman of the Kenya Clinical Officers Association who shall be Chairman of the Committee; Section 24(2)(b) the Principal Secretary in the ministry responsible for health or a designated representative; Section 24(2)(c) one shall be in the public service; and Section 24(2)(c)(i) one shall be in the public service; and Section 24(2)(c)(ii) one shall be from the private practice. Section 24(2)(d) the Attorney-General or a designated representative; and Section 24(2)(e) the Registrar who shall be an ex officio member and the secretary to the Committee. Section 24(3)(a) receive and investigate complaints made against clinical officers by the members of the public in accordance with the rules and regulations under this Act; Section 24(3)(b) enter upon and inspect any establishment or premises operated by a clinical officer under investigation; Section 24(3)(c) seize and remove any object from any premises which may be related to the matter under investigation; and Section 24(3)(d) request the Attorney-General and or the Director of Public Prosecutions to provide advice on any recommendation made by the committee in an inquiry. Section 24(4) The committee may in exercise of its powers under this Act, request and receive assistance from the police or any other governmental body or person as may solely in its own opinion be necessary in the enforcement of its powers. Section 24(5) Subject to this Act, the Disciplinary Committee shall regulate its own procedures.

Section 24Verify source

§ 25DISCIPLINE - 25. Disciplinary powers of the CommitteeOffence

The Committee may hold inquiries, administer oaths, and (subject to regulations) require witnesses and documents; persons removed from the register or with suspended licences must surrender their registration certificate or licence; clinical officers who fail to surrender commit an offence punishable by a fine up to twenty thousand shillings; aggrieved clinical officers may appeal to the High Court within sixty days.

Section 25. Disciplinary powers of the Committee Section 25(1)(a) has been convicted of an offence punishable by imprisonment, the commission of which in the opinion of the Council has dishonored the profession in the public estimation; Section 25(1)(b) has been guilty of negligence or malpractice in respect of his profession; or Section 25(1)(c) has been guilty of impropriety or misconduct, whether in respect of his profession or not. Section 25(2) Upon an inquiry, the person whose conduct is being inquired into shall be afforded an opportunity of being heard either in person or through an advocate. Section 25(3) For the purposes of proceedings at any inquiry held by the committee, the committee may administer oaths, and may subject to any regulation made under this Act, enforce attendance of persons as witnesses and the production of books and documents. Section 25(4) Any person whose name has been removed from the register or whose licence has been suspended shall forthwith surrender to the Council his certificate of registration or licence. Section 25(5) A clinical officer who contravenes subsection (4) commits an offence and upon conviction, shall be liable to a fine not exceeding twenty thousand shillings. Section 25(6) A clinical officer 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.

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Part VI

FINANCIAL PROVISIONS

§ 26FINANCIAL PROVISIONS - 26. Funds of the CouncilProvision

Defines the Council's funds as monies or assets that accrue to or vest in the Council in the course of exercising its powers or performing its functions under the Act.

Section 26. 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;

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§ 27FINANCIAL PROVISIONS - 27. Financial yearProvision

The Council's financial year is a 12-month period ending on 30 June each year.

Section 27. 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.

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§ 28FINANCIAL PROVISIONS - 28. Annual estimatesCommencement

The Council must prepare annual estimates of its revenue and expenditure at least three months before each financial year, include specified expenditure items, approve them before the year starts, and submit them to the Cabinet Secretary for approval.

Section 28. Annual estimates Section 28(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 28(2)(a) payment of salaries, allowances and other charges in respect of the staff of the Council; Section 28(2)(b) payment of pensions, gratuities and other charges in respect of staff of the Council; Section 28(2)(c) proper maintenance of the assets of the Council; and Section 28(2)(d) 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 28(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.

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§ 29FINANCIAL PROVISIONS - 29. Accounts and auditProvision

The Registrar must, under the direction of the Council, keep proper books and records of the Council's income, expenditure and assets; the Council's accounts must be audited and reported in accordance with the Public Audit Act (Cap. 412B).

Section 29. Accounts and audit Section 29(1) The Registrar shall under the direction of the Council keep proper books and records of accounts of the income, expenditure and assets of the Council. Section 29(2)(a) a statement of the income and expenditure of the Council during that year; and Section 29(2)(b) a balance sheet of the Council on the last day of that year. Section 29(3) The accounts of the Council shall be audited and reported upon in accordance with the Public Audit Act (Cap. 412B).

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§ 30FINANCIAL PROVISIONS - 30. Investment of fundsProvision

The Council may invest the Council's funds in specified securities or banks, and the National Treasury may approve other securities or banks from time to time.

Section 30. 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 trust funds, or in any other securities or banks which the National Treasury may, from time to time, approve for that purpose.

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Part VII

MISCELLANEOUS PROVISIONS

§ 31MISCELLANEOUS PROVISIONS - 31. RegulationsProvision

The Cabinet Secretary must, after consultation with the Council, make rules for carrying out this Act, including specified topics listed in subsections (2)(a)–(f).

Section 31. Regulations Section 31(1) The Cabinet Secretary shall, after consultation with the Council, make rules generally for the better carrying out of the provisions of this Act. Section 31(2)(a) the form and method of keeping the registers and other records under this Act; Section 31(2)(b) the conditions under which training institutions other than those established or accredited under the Universities Act (Cap. 210) may be approved; Section 31(2)(c) the course content and examination for clinical officers for purposes of registration under this Act; Section 31(2)(d) the terms and conditions of professional practice of registered clinical officer; Section 31(2)(e) the form and method of conducting any inspection, assessment, evaluation, examination or regulation required under this Act; and Section 31(2)(f) prescribing anything required to be prescribed under this Act;

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Legislative relationships

2 referenced instruments

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Council shall be audited and reported upon in accordance with the Public Audit Act
Section 29
Council under this Act
Section 6

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