Kenya’s
Move Towards Regulating Professionals
Introduction
According to the Cambridge Dictionary, a profession is “any type of work that needs special training or a particular skill, often one that is respected because it involves a high level of education”. The Kenyan National Assembly is currently on the move towards regulating various professions as evidenced by various legislative proposals to that effect including the proposed Institute of Bankers Bill, 2024 which is still at the legislative proposal stage and the Environmental Professionals Institute of Kenya Bill 2024, Insurance Professionals Bill 2024, the Public Relations and Communications Management Bill 2024, the Medical Social Workers Bill 2024 and the Agricultural Professionals Registration and Licensing Bill 2024 (the Bills) which have been tabled in the National Assembly and are currently in different stages of the legislative process.
According to the Bills, their principal objective is to provide a legal framework for the promotion, development and regulation of the respective profession, promote professionalism in the profession and to provide mechanism for training, registration and licensing of the professionals. This article highlights the key provisions of the various bills proposing to regulate professionals in Kenya and their potential effects on the various professionals.
Administration
The Bills propose to establish an administrative body tasked with amongst others, registration and licensing of the professionals, establishing and promoting standards of professional competence and practice amongst the professionals, regulate professional conduct of registered professionals with a view of maintaining proper professional standards, development and facilitation of continuous professional development and training and advising the government on matters relating to the profession. The proposed administrative bodies may potentially perform part of the functions currently carried out by the self-regulatory bodies established by the various professions such as the Public Relations Society of Kenya, the Kenya Society for Agricultural Professionals and the Insurance Institute of Kenya including the registration and licensing of members, professional training and development and disciplinary procedures.
Registration and Licensing
The Bills propose to prescribe the eligibility requirements for registration and licensing of the professionals including the academic qualification requirements, post qualification training requirement and professional competence and good character requirements. Some of the unique features contained in the Bills include membership categorisation as contained in the Environmental Professionals Institute of Kenya Bill 2024 and the Public Relations and Communications Management Bill 2024 which provide for different categories of members such as Fellows, Associate Members and Honorary Members. The foregoing bills also provide for registration of firms and prescribe the eligibility requirements which include proof of registration as a business entity and proof of registration of the practitioners comprising the firm.
The Medical Social Workers Bill 2024 and the Agricultural Professionals Registration and Licensing Bill 2024 on the other hand prescribe eligibility requirements for persons that have obtained academic qualifications from outside the country which include proof of accreditation of the institution that awarded the academic qualifications and internship and training requirements prior to registration. In cases where the administrative authorities are not satisfied that the applicant has met the eligibility requirements, the foregoing bills propose to require the applicant to attend an interview, undergo an oral or written examination and undertake a course in an approved institution prior to engaging in supervised practice.
The Bills also provide for a requirement for professionals to obtain an annual practicing certificate subject to payment of a prescribed fee. We note that this requirement is in tandem with existing laws and regulations that apply to already regulated professions such as accountants, company secretaries, doctors and advocates that are required to obtain an annual practising certificate to offer their services to members of the public. It is worth noting that according to the Bills, the annual practising certificate will be valid from the date of issuance to the 31st day of December of the given year.
Compliance
The Bills further proposes to introduce compliance provisions which relate to continuous training and development and disciplinary procedures to address instances of professional misconduct. Regarding continuous training and development, the Environmental Professionals Institute of Kenya Bill 2024 and the Public Relations and Communications Management Bill 2024 provide that practicing certificates will only be issued to professionals that have complied with the continuous training and development requirements. We note that the introduction of this requirement is consistent with the requirements that apply to some of the regulated professionals in Kenya such as advocates where advocates in private practice are required to attain a set number of Continuous Development Points (CPD) in order to apply for practising certificates. CPDs are gained upon attending a training program or event as organised by the Law Society of Kenya.
In regard to disciplinary provisions, the Bills propose to establish or designate a disciplinary authority to address issues relating to professional misconduct. The Bills propose a disciplinary procedure which entails a complaint receipt procedure, inquiries into the complaints, affording the professional an opportunity to be heard and a determination by the disciplinary authority. In the event that a professional is found culpable, the actions proposed by the Bills include, imposition of a fine or administrative penalty, issuance of a letter of admonishment, suspension of the professional for a specified period of time, removal of the professional from the register of registered professionals or dismissal of the complaint.
Conclusion
The regulation of professionals is neither novel nor strange. In Kenya, most unregulated professions are currently self-regulating through their respective groups and organisations such as the Kenya Bankers Association for bankers, the Public Relations Society of Kenya for public relations and communication experts, the Kenya Society for Agricultural Professionals for professionals in the agricultural sector and the Insurance Institute of Kenya for insurance professionals. However, in view of the Bills, environmental, insurance, agricultural, public relations and communications professionals, bankers and medical social workers may soon join the list of professionals that are regulated through laws and regulations enacted by the legislature. It is worth noting that the move to regulate professions has been received with mixed reactions with some professional bodies arguing that self-regulation is sufficient, and that the regulation may potentially hinder economic growth and limit employment opportunities for the various professions.
It is therefore imperative that professionals in the foregoing sectors keep a keen eye on the Bills and participate in the legislative process to ensure that the resultant laws and regulations protect and promote their respective rights and interests noting that the Bills are in different stages of the legislative process.
If you have any queries relating to the above, please do not hesitate to contact Bernard Musyoka or Steven Waweru. Please note that this publication is meant for general information only and should not be relied upon without seeking specific subject matter legal advice.
