Counsellors and Psychologists Act

Section 1. Short title Section This Act may be cited as the Counsellors and Psychologists Act.

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— "Board" means the Counsellors and Psychologists Board established under section 3 ; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to health; "Council" means the Council of the Society provided for in section 19 ; "practicum" means an ongoing, supervised and organized practical experience or internship prescribed as part of the qualifications for the award of any degree or diploma and obtained in an integrated training program recognized, by the Board; "private practice" means the practice of the profession of counselling or psychology in a person's own behalf, for a fee; "register" means the register of counsellors and psychologists maintained under section 25 ; "Registrar" means the Registrar of Counsellors and Psychologists appointed under section 9 ; and "Secretary" means the Secretary of the Council appointed under section 22 ; "Society" means the Counsellors and Psychologists Society of Kenya established try section 15 ; "supervisor" means a more trained, qualified and accredited counsellor or psychologist who is charged with the func...

Section 3. Establishment of the Board Section 3(1) There is established a board to be known as the Counsellors and Psychologists Board. Section 3(2)(a) suing and being sued; Section 3(2)(b) acquiring, holding, charging and disposing of movable and immovable property; Section 3(2)(c) borrowing and lending money; and Section 3(2)(d) doing or performing all such other things or acts as may legally be done or performed by a body corporate for the proper discharge of its functions under this Act.

Section 4. Composition of the Board Section 4(1)(a) a minimum of a bachelors' degree in a relevant field; and Section 4(1)(a)(i) a minimum of a bachelors' degree in a relevant field; and Section 4(1)(a)(ii) at least fifteen years' experience in counselling or psychology; Section 4(1)(b) the Director General of Health or their designated representative; Section 4(1)(c) the Principal Secretary in the ministry for the time being responsible for matters relating to finance; Section 4(1)(d) one shall represent middle level colleges; and Section 4(1)(d)(i) one shall represent middle level colleges; and Section 4(1)(d)(ii) one shall represent institutions of higher learning; Section 4(1)(e) two persons, one representing counsellors and the other representing psychologists, nominated by registered counsellors and psychologists; Section 4(1)(f) one person from minorities and marginalized groups who shall be a counsellor or a psychologist and shall be nominated by the Cabinet Secretary; and Section 4(1)(g) the Registrar, who shall be an ex officio member and the secretary to the Board. Section 4(2) For the first appointments under subsection (1)(e), upon the coming into force of this Act, th...

Section 5. Conduct of business and affairs of the Board Section 5(1) The conduct and regulation of the business and affairs of the Board shall be as provided in the First Schedule. Section 5(2) Except as provided in the First Schedule, the Board may regulate its own procedure.

Section 6. Functions of the Board Section administer such examinations as may be necessary to determine whether persons are qualified for registration under this Act;

Section 7. Powers of the Board Section control, supervise and administer the assets of the Board in such manner as best promotes the purpose for which the Board is established;

Section 8. Remuneration of Board members Section The Board shall pay its members such remuneration, fees or allowances for expenses as it may determine upon the advice of the Salaries and Remuneration Commission.

Section 9. Registrar Section 9(1) There shall be a Registrar of the Board who shall be appointed by the Board through an open, transparent and competitive recruitment process. Section 9(2)(a) be the chief executive officer of the Board and shall, subject to the direction of the Board, be responsible for the day to day management of the affairs and staff of the Board; Section 9(2)(b) be an ex-officio member of the Board but shall have no right to vote at any meetings of the Board; Section 9(2)(c) perform such duties as are prescribed by or under this Act. Section 9(3)(a) according to terms and conditions determined by the Board; and Section 9(3)(b) for a term of four years renewable once subject to satisfactory performance. Section 9(4)(a) has at least five years proven experience in the fields of counselling or psychology; Section 9(4)(b) has knowledge and experience in policy formulation, administration and management; Section 9(4)(c) meets the requirements of Chapter Six of the Constitution. [Act No. 5 of 2019 , Sch.]

Section 10. Staff of the Board Section The Board may appoint such officers and other staff as are necessary for the proper discharge of its functions under this Act, upon such terms and conditions of service as the Board may determine upon the advice of the Salaries and Remuneration Commission.

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

Section 12. Committees of the Board Section 12(1) The Board may establish such committees as it may deem appropriate to perform such functions and responsibilities as it may determine. Section 12(2) The Board shall appoint the Chairperson of a committee established under subsection (1) from amongst its members. Section 12(3) The Board may where it deems appropriate, co-opt any person from outside the Board with knowledge and expertise in specific areas to attend the deliberations of any of its committees. Section 12(4) All decisions by the committees appointed under subsection (1) shall be ratified by the Board. Section 12(5) Without prejudice to the foregoing provisions of this section, the Board shall establish the committees set out in the Second Schedule.

Section 13. Protection from personal liability Section 13(1) No act or omission by any member of the Board or by any officer, employee, agent or servant of the Board shall, if the act or omission was done bona fide for the purposes of executing a function, power or duty under the Act render such member, officer, employee, agent or servant personally liable to any action, claim or demand whatsoever. Section 13(2) The provisions of subsection (1) shall not relieve the Board of the liability to pay compensation to any person for any injury to him, his property or to any of his interests caused by the exercise of any power conferred by this Act or by failure, whether wholly or partially, of any works.

Section 14. Common seal Section 14(1) The common seal of the Board shall be kept in such custody as the Board may direct and shall not be used except upon the order of the Board. Section 14(2) The affixing of the common seal of the Board shall be authenticated by the signature of the Chairperson and the Registrar and any document not required by law to be made under seal and all decisions of the Board may be authenticated by the signatures of both the Chairperson and the Registrar. Section 14(3) Notwithstanding the provisions of subsection (2) the Board shall, in the absence of either the Chairperson or the Registrar in a particular matter, nominate one member to authenticate the seal on behalf of either the Chairperson or the Registrar. Section 14(4) The common seal of the Board when affixed to a document and duly authenticated shall be judicially and officially noticed and unless and until the contrary is proved, any necessary order or authorization by the Board under this section shall be presumed to have been duly given.

Section 15.[Deleted by ActNo. 5 of 2019, Sch.]

Section 16.[Deleted by ActNo. 5 of 2019, Sch.]

Section 17.[Deleted by ActNo. 5 of 2019, Sch.]

Section 18.[Deleted by ActNo. 5 of 2019, Sch.]

Section 19.[Deleted by ActNo. 5 of 2019, Sch.]

Section 20.[Deleted by ActNo. 5 of 2019, Sch.]

Section 21.[Deleted by ActNo. 5 of 2019, Sch.]

Section 22.[Deleted by ActNo. 5 of 2019, Sch.]

Section 23. Qualifications for registration Section is, in the case of a counsellor, the holder of a diploma degree in counselling from a recognised university;

Section 24. Registration Section 24(1) Every person eligible to be registered as a counsellor or psychologist may apply in the prescribed form to the Registrar for registration in the register, and every such application shall be accompanied by the prescribed fee. Section 24(2) Where a person has complied with the provisions of subsection (1) and has been accepted by the Board as being eligible for registration and has satisfied the Registrar that he or she has been so accepted, he or she shall be registered. Section 24(3) The Registrar shall issue to every person registered under this Act, a certificate in the prescribed form.

Section 25. Register of counsellors and psychologists Section The Registrar shall maintain a register of counsellors and psychologists in the prescribed form in which the name of every person, registered under this Act, shall be entered.

Section 26. Alterations to the register Section 26(1) The Registrar shall, from time to time, in accordance with the directions of the Board, make any corrections in the register in relation to any entry therein. Section 26(2) All changes in the entries under subsection (3) shall be made by the Registrar as soon as is practicable after receipt of the notification thereof. Section 26(3)(a) deceased person; Section 26(3)(a)(i) deceased person; Section 26(3)(a)(ii) person convicted of an offence under this Act, and all avenues of appeal have been exhausted; Section 26(3)(a)(iii) person whose name the Board has, under section 34 , directed that it should be struck off the Register; and Section 26(3)(b) any entry which has been incorrectly or fraudulently made in the register. Section 26(4) The Registrar may, with the written consent of the person, remove from the register the name of a person who has ceased to practice. Section 26(5) Every person registered under this Act who has obtained a higher qualification than then registered qualification shall, on the payment of the prescribed fee, be entitled to have that additional qualification inserted in the register in addition to the qua...

Section 27. Publication of registration Section 27(1) The Registrar shall publish in the Gazette as soon as may be practicable after registration the name of every counsellor or psychologist registered under this Act. Section 27(2) It shall be the duty of every counsellor or psychologist to inform the Registrar immediately of any change in the registered address. Section 27(3) The publication of the list of registered counsellors and psychologists in the Gazette shall be prima facie evidence that the persons named therein are registered under this Act, and the absence of the name of any person from such list shall be prima facie evidence that the person is not so registered.

Section 28. Licence to practice Section 28(1)(a) been registered under this Act; Section 28(1)(b) complied with the prescribed requirements for continuing education and supervision; and Section 28(1)(c) been issued with a valid practising licence by the Board in accordance with Regulations made under this Act. Section 28(2) The Board may issue to a counsellor or psychologist who has applied in the prescribed form, a license to practice on their own behalf or to be employed by a counsellor or psychologist. [Act No. 4 of 1994 , Sch.]

Section 29. Period of validity of licences Section 29(1) A licence granted under this Act shall be valid for one year, for the duration between the 1st January and 31st December in every year, and may, upon expiry, be renewed. Section 29(2)(a) swearing an affidavit in the prescribed form explaining the reasons for non-renewal; Section 29(2)(b) payment of the licence fee for the current license period; Section 29(2)(c) presentation of evidence to the Board of fulfilment of all applicable conditions for renewal of a license; and Section 29(2)(d) payment of annual subscription fee for the current licence period. Section 29(3) The Board may refuse to issue or to renew a licence. Section 29(4) A person aggrieved by a decision of the Board under this section may appeal to the High Court, and in any such appeal the High Court may annul or vary the decision as it may determine necessary.

Section 30. Publication of licensing Section 30(1) The issue and the cancellation, revocation or withdrawal of a licence under this Part shall be published in the Gazette . Section 30(2) The Registrar shall, once in every year, as soon as convenient after 1st January, but not later than 31st March, publish in the Gazette a list containing the names, qualifications and registered addresses of all licensed counsellors and psychologists.

Section 31. No fees for unlicensed persons Section A person shall not be entitled to recover a fee for counselling or psychology services, unless such person is licensed under this Act.

Section 32. False registration or licensing Section 32(1) Any person who wilfully procures or attempts to procure registration or licensing under any of the provisions of this Act, by making or producing or causing to be made or produced any false or fraudulent representation or declaration either orally or in writing, commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years, or both. Section 32(2) lf a person convicted of an offence under this section is registered or licensed under this Act, the Registrar shall upon direction from the Board remove such person's name from the register and cancel the licence.

Section 33. Professional misconduct Section deliberately fails to follow the laid down standards of conduct and practice of the profession of counselling or psychology as may be laid down by the Board;

Section 34. Disciplinary proceedings by the Board Section 34(1) Any person may, being dissatisfied with any services offered by a counsellor or psychologist or alleging breach of the standards of conduct as may be specified by the Board from time to time, make a written complaint to the Board in the prescribed manner. Section 34(2)(a) has been convicted of an offence under this Act or under any other law punishable by imprisonment, the commission of which in the opinion of the Board has brought the profession to disrepute; Section 34(2)(b) has committed an act of negligence or malpractice in respect of his or her profession or Section 34(2)(c) has committed an act of impropriety or misconduct in respect of his or her profession, Section 34(2)(i) remove such person's name from the register; Section 34(2)(ii) suspend such person's licence or registration for a period not exceeding twelve months; or Section 34(2)(iii) cancel such person's licence. Section 34(3) Upon any inquiry held by the Board to determine a complaint made under subsection (1), the person whose conduct is being inquired into shall be afforded an opportunity of being heard, either in person or by an advocate of his o...

Section 35. Effect of removal, suspension or cancellation Section 35(1) Subject to the provisions of this Act, the removal of a person's name from the register shall be notified by the Registrar to that person by registered mail sent to the address appearing in the register against his or her name immediately before such removal. Section 35(2) Where the name of a person has been removed from the register, the name of that person shall not, subject to the provisions of this Act, be entered again in the register except by order of the Board. Section 35(3) Where an order has been made for the removal of a person's name from the register, or for suspending a person's registration under this Act, or for cancelling or suspending a licence granted to a person under this Act, the Board may either on its own motion or on the application of the person concerned, and in either case after holding such inquiry as the Board may deem fit, cause the name of that person to be restored to the register or terminate the suspension of the registration, or, as the case may be, grant a new licence or terminate the suspension of the existing licence, in any such case either without fee or on the payment o...

Section 36. Appeals Section Any person aggrieved by a decision of the Board under this Act may appeal within thirty days to the High Court and in any such appeal the High Court may confirm, annul or vary the decision as it deems fit.

Section 37. Offences by unregistered or unlicensed persons Section 37(1) Any person who, not being eligible to be licensed or registered under this Act, wilfully and falsely takes or uses any name, title or addition implying a qualification to practice as a counsellor or psychologist, or who, not being registered or licensed under this Act, practises or professes to practice or publishes his or her name as practising as a professional counsellor or psychologist, commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years, or both. Section 37(2) Any person who, not being eligible to be licensed or registered under this Act, uses any of the titles "psychologist" or "counsellor" appropriate to a person so registered or licensed, unless such person has acquired a higher academic doctoral qualification which entitles such person to use that title, commits an offence and shall be liable on conviction to a fine not exceeding fifty thousand shillings or imprisonment for a term not exceeding two years, or both. Section 37(3) This section shall not apply to a duly qualified person employed...

Section 38. Offences by persons or training institutions Section admits to the institution under his or her charge any person for the purpose of training in the profession of counselling or psychology;

Section 39. Obstruction of officers of the Board Section Any person who obstructs or hinders, or knowingly makes a false or misleading statement to any member; officer, servant or agent of the Board who is carrying out duties under this Act, commits an offence and shall be liable on conviction to a fine not exceeding one hundred thousand shillings or imprisonment for a term not exceeding two years, or both.

Section 40. Funds of the Board Section such fees, monies or assets as may accrue to or vest in the Board in the course of the exercise of its powers or the performance of its functions under this Act or under any written law; and

Section 41. Financial year Section The financial year of the Board shall be the period of twelve months ending on the thirtieth June in each year.

Section 42. Annual estimates Section 42(1) At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Board for that year. Section 42(2)(a) the payment of the allowances and other charges in respect of members of the Board; Section 42(2)(b) the payment of salaries, pensions, gratuities and other charges in respect of staff of the Board; Section 42(2)(c) the proper maintenance of the buildings and grounds of the Board; Section 42(2)(d) the maintenance, repair and replacement of the equipment and other property of the Board; and Section 42(2)(e) the 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 Board may deem appropriate. Section 42(3) The annual estimates shall be approved by the Board 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's approval, the Board shall not increase the annual estimates without the consent of the Cabine...

Section 43. Accounts and audit Section 43(1) The Board shall cause to be kept all proper books and records of accounts of the income, expenditure and assets of the Board. Section 43(2)(a) a statement of the income and expenditure of the Board during that year; and Section 43(2)(b) a balance sheet of the Board on the last day of that year. Section 43(3) The accounts of the Board shall be audited and reported upon in accordance with the Public Audit Act (Cap. 412B).

Section 44. Investment of funds Section The Board may invest any of its funds in securities, in which for the time being trustees may by law invest trust funds, or in any other securities or banks which the Treasury may, from time to time, approve for that purpose.

Section 45. Regulations Section 45(1) The Cabinet Secretary may, after consultation with the Board, make regulations generally for the better carrying into effect the provisions of this Act. Section 45(2)(a) prescribe the form and method of keeping tiie registers under this Act; Section 45(2)(b) prescribe forms, methods and regulations concerning conditions for the issuance of licenses; Section 45(2)(c) prescribe the manner of training, subject matter of training courses, standards of proficiency for the profession of counselling or psychology, including standards for internship and practicum and examinations of persons for whom provision is made under this Act to be regulated; Section 45(2)(d) prescribe the standards and conditions of professional practice of persons registered or licensed under this Act; Section 45(2)(e) provide for the procedure to be followed by the Board in a disciplinary inquiry; Section 45(2)(f) provide for enforcing the attendance of witnesses and the production of books and documents at an inquiry held by the Board; Section 45(2)(g) prescribe forms to be used in connection with this Act or fees to be charged under this Act; Section 45(2)(h) prescribe the s...

Section 46. Transition Section for a period of one year beginning with the date of the commencement of this Act; and