Estate Agents Act

Section 1. Short title Section This Act may be cited as the Estate Agents Act.

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— "Board" means the Estate Agents Registration Board established by section 3; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to Land; "practice as an estate agent" means the doing, in connection with the selling, mortgaging, charging, letting or management of immovable property or of any house, shop or other building forming part thereof, of any of the following acts— (a) bringing together, or taking steps to bring together, a prospective vendor, lessor or lender and a prospective purchaser, lessee or borrower; or (b) negotiating the terms of sale, mortgage, charge or letting as an intermediary between or on behalf of either of the principals; "register" means the register kept under section 7; "registrar" means the registrar of the Board appointed under section 6; “terrorism financing” has the meaning assigned to it under the Prevention of Terrorism Act (Cap. 59B). Section 2(2)(a) receives payment for acts done by way of practice as an estate agent by him, or by a partner of his, or by an employee of his or of the partnership or by any pers...

Section 3. Establishment of the Board Section 3(1)(a) be a body corporate with perpetual succession and a common seal; Section 3(1)(b) be capable of suing and being sued; Section 3(1)(c) be capable, for and in connection with the carrying out of the purposes of this Act, of acquiring, holding and disposing of movable and immovable property. Section 3(2) The provisions of the Schedule shall have effect in relation to the Board.

Section 4. Functions of the Board Section The Board shall be charged with the responsibility of registering estate agents and of ensuring that the competence and conduct of practising estate agents are of a standard sufficiently high to ensure the protection of the public, and for that purpose may exercise the powers conferred, and shall perform the duties imposed, upon the Board by the provisions of this Act.

Section 5. Limitation of liability of members Section No member of the Board shall be personally liable for any act or default of the Board done or omitted to be done in good faith in the course of carrying out the responsibilities and functions of, or exercising the powers conferred upon, the Board.

Section 6. Appointment of registrar Section The Cabinet Secretary shall appoint a public officer as the registrar of the Board who shall hold and vacate his office in accordance with the terms of his appointment.

Section 7. Register of estate agents Section 7(1)(a) the date of the entry in the register; Section 7(1)(b) the address of the person registered; Section 7(1)(c) the qualifications of the person; and Section 7(1)(d) such other particulars as the Board may from time to time direct. Section 7(2) All changes in the particulars registered under subsection (1) shall be entered in the register by the registrar. Section 7(3) The registrar shall remove from the register any name which is ordered to be removed from the register under section 15.

Section 8. Certificate of registration Section 8(1) Where the name of a person is entered in the register, the registrar shall issue to him a certificate of registration in such form as the Board may prescribe and the certificate shall remain the property of the Board. Section 8(2) Where the name of a person is removed from the register the Board shall give notice to that person, or if he is dead, to his legal personal representative, requiring him to surrender the certificate of registration to the Board. Section 8(3) Any person who fails to comply with the requirements of a notice given under subsection (2) within twenty-one days after the receipt by him of the notice shall be guilty of an offence and liable to a fine not exceeding five thousand shillings. Section 8(4) A certificate of registration issued by the registrar shall be valid and shall remain in force for one year, but shall be renewable on the payment of the prescribed fee; and if the prescribed fee has been paid before the renewal date and there is no order for the name of the holder of the certificate to be removed from the register, the certificate shall remain in force until it is renewed.

Section 9. Publication of register and list Section 9(1) The registrar shall cause to be published in the Gazette , as soon as may be practicable after entry in the register, the name, address and qualification of each registered estate agent and, subject to the directions of the Board, he may cause to be so published any amendment to the register. Section 9(2) The registrar shall cause to be published in the Gazette , at the beginning of each year, a list containing the names, addresses and qualifications of all registered estate agents then remaining on the register.

Section 10. Publicationprima facieevidence of registration Section Publication under section 9 shall be prima facie evidence that the persons named therein are registered estate agents and the deletion from the register of the name of any person notified by the publication, or the absence of the name of any person from the publication, shall be prima facie evidence that the person is not registered.

Section 11. Inspection of register Section Any person may, during normal office hours and on payment of the prescribed fee, inspect the register and any document relating to any entry therein and may obtain from the registrar a copy or extract from the register or of or from any such document.

Section 12. Proof of documents Section 12(1) In any legal proceedings a document purporting to be a copy of an extract from the register or of or from any document kept or published by the registrar, and purporting to be certified by the registrar as a true copy or extract shall be admissible as prima facie evidence of the contents of the register or document. Section 12(2)(a) to produce the register or any document if its contents can be proved under subsection (1); Section 12(2)(b) to appear as a witness to prove any entry in the register or the matters recorded in the register or any document,

Section 8A.[Repealed by Act No. 9 of 2000, s. 120]

Section 8B. Licensing of dual Occupations Section 8B(1) Where any person to whom section 8A applies carries on more than one professional occupation at the same time such person shall elect in writing which of such occupations shall be deemed to be his primary occupation. Section 8B(2) A person to whom subsection (1) applies shall be required to obtain an annual licence in respect of his primary occupation to the intent that no such person shall obtain more than one annual licence in any one year.

Section 13. Conditions and qualifications for registration Section 13(1)(a) a full member of the Institution of Surveyors of Kenya in the chapters of Valuation and Estate Management Surveyors, Building Surveyors and Land Management Surveyors; or Section 13(1)(b) a corporate member of the Royal Institution of Chartered Surveyors (in the General Practice or Land Agency or Agriculture sections) and he is qualified to be or is a full member of the Institution of Surveyors of Kenya in the chapters of Valuation and Estate Management Surveyors, Building Surveyors and Land Management Surveyors; Section 13(1)(c) the holder of a degree, diploma or licence from any university or college or school which is recognized for the time being by the Board; or Section 13(1)(d) is the holder of a degree, diploma or licence of a university or college or school or a member of an institution the membership of which is recognized for the time being by the Board as furnishing sufficient evidence of an adequate academic training for practice as an estate agent; and Section 13(1)(d)(i) is the holder of a degree, diploma or licence of a university or college or school or a member of an institution the membersh...

Section 14. Acceptance for registration Section 14(1) Upon application being made to the Board in the prescribed form by a person claiming to be qualified for registration under section 13 and upon payment of the prescribed fee the Board shall consider the application and, if it is satisfied that the person is so qualified, it shall accept that person for registration and shall direct the registrar to enter his name on the register. Section 14(2) The consideration of an application under this section shall be undertaken by the Board and shall not be delegated to any committee of the Board.

Section 15. Removal of name from register Section 15(1)(a) died; or Section 15(1)(b) failed to pay his renewal or registration fee; or Section 15(1)(c) requested his name to be removed from the register; or Section 15(1)(d) been found by the Board to be guilty of any act or omission contrary to the public interest or misconduct as described in section 21 or section 22; or Section 15(1)(e) been convicted of an offence under this Act; or Section 15(1)(f) had his name entered in the register by mistake or by reasons of false or misleading information; or Section 15(1)(g) had his qualification under section 13 withdrawn or cancelled by the body through which it was acquired or by which it was awarded; or Section 15(1)(h) been adjudged bankrupt, Section 15(2) Except in the circumstances specified in subsection (1)(a), the removal of a person’s name from the register shall be notified by the registrar to the registered person by a registered letter addressed to the address appearing in the register against his name. Section 15(3) The registrar shall cause to be published in the Gazette , as soon as may be practicable after the removal of the name under this section, the name, address and...

Section 16. Reinstatement of name on the register Section 16(1) Where the name of any person has been removed from the register under section 15, the name of that person shall not again be entered on the register except on the direction of the Board. Section 16(2)(a) the removal from the register be confirmed; or Section 16(2)(b) the name of that person be restored on the register; or Section 16(2)(c) the suspension of the effect of registration of that person be terminated. Section 16(3) A direction given by the Board under subsection (2) may include provision for the date upon which restoration on the register or the termination of a suspension of the effect of registration shall take effect and the payment by the person concerned of such fee as the Board may prescribe.

Section 17. Appeals Section refusing to register his name; or

Section 18. Unregistered persons not to practice as estate agents Section 18(1)(a) no individual shall practise as an estate agent unless he is a registered estate agent; Section 18(1)(b) no partnership shall practise as estate agents unless all the partners whose activities include the doing of acts by way of such practice are registered estate agents; Section 18(1)(c) no body corporate shall practise as an estate agent unless all the directors thereof whose duties include the doing of acts by way of such practice are registered estate agents. Section 18(2)(a) in case of a legal person, to a fine not exceeding five million shillings; or Section 18(2)(b) in the case of a natural person, to a fine not exceeding one million shillings.

Section 19. Indemnity requirements Section 19(1) Notwithstanding section 18, after the expiration of one month from the commencement of this Act, no person shall practise as an estate agent unless there is in force in relation to his practice an indemnity bond or policy of insurance entered into or issued by an insurance company approved by the Board, so expressed as to guarantee that compensation shall be payable, up to the required limit, to persons suffering monetary or other property loss through the dishonest or professional misconduct of the person so practising. Section 19(2)(a) in the case of a business carried on by a single individual, a sum of two hundred thousand shillings; Section 19(2)(b) in the case of a business carried on by two or more individuals, the sum specified in paragraph (a) multiplied by the number of such individuals; Section 19(2)(c) in the case of business carried on by a body corporate, the sum specified in paragraph (a) multiplied by the number of directors whose duties include the doing of acts by way of practice as estate agents. Section 19(3) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding...

Section 20. Carrying on practice for purposes of winding up, etc. Section Notwithstanding any other provision of this Act, where a person ceases to carry on a lawful practice as an estate agent by reason of his death or insolvency, or by reason of having been adjudicated as being of unsound mind, the practice may be carried on for the purpose of winding-up or disposing of the practice by any person authorised by law to deal with the property of that person for a period not exceeding twelve months from the date of death or commencement of the disability.

Section 21. Code of conduct Section 21(1) The Board shall, with the approval of the Cabinet Secretary, publish a statement specifying acts or omissions which, if done or made by a practising estate agent in his capacity as such would, in the opinion of the Board, be contrary to the public interest or amount to professional misconduct by the person so practising. Section 21(2)(a) shall serve as a guide to practising estate agents but the mentioning or failure to mention in it of any particular act or omission shall not be taken as conclusive; Section 21(2)(b) may at any time be amended or replaced in like manner as it is made.

Section 22. Rules of practice, etc. Section 22(1)(a) prescribing the charges which may be made for services rendered by way of practice as an estate agent; Section 22(1)(b) relating to the keeping of accounts by practising estate agents and to the opening of separate bank accounts for money held on behalf of clients; Section 22(1)(c) setting out the occasions on which a practising estate agent is required to account for interest on the money so held and the manner of such accounting; Section 22(1)(d) providing for the methods, whether by check by accountants or auditors or otherwise, by which it can be ascertained that the rules are being complied with by practising estate agents; Section 22(1)(e) providing for the conduct of the business of the Board and the procedure to be followed by the Board at an inquiry under this Act; Section 22(1)(f) prescribing anything which may be prescribed under this Act, Section 22(2) Notwithstanding any other provision of this Act, the breach by a practising estate agent of any rules made under subsection (1)(a) to (c) (inclusive) shall constitute professional misconduct by that estate agent. Section 22(3) The Cabinet Secretary may, by notice in the...

Section 23. Allegations against estate agents Section 23(1) An inquiry into any act or omission contrary to public interest or the professional misconduct of a registered estate agent may be instituted by the Board either on its own initiative or upon receipt of a written complaint addressed to the Board by or on behalf of any other person alleging such act, omission or professional misconduct against the estate agent. Section 23(2) Where the Board is of the opinion that an inquiry may be instituted it shall as soon as practicable proceed to hold the inquiry.

Section 24. Action of Board in case of conviction, etc. Section direct that during such period as the Board may specify, his registration under this Act shall be suspended;

Section 25. Dishonest practices Section fraudulently makes or causes or permits to be made any false or incorrect entry in the register or any copy thereof; or

Section 26. Offences by a body corporate Section Where an offence under this Act is committed by a body corporate with the consent or connivance of, or is attributable to any neglect on the part of, any director, secretary or other similar officer of the body corporate, or any person purporting to act as any such officer, the director or that other person shall be guilty of the like offence and be punishable accordingly.

Section 27. Finance Section make to the Board such grants as may be necessary to enable it to discharge its functions under this Act;

Section 28. Powers of the Board for anti-money laundering and countering the financing of terrorism purposes Section 28(1) Pursuant to sections 2A, 36A, 36B and 36C of the Proceeds of Crime and Anti-Money Laundering Act (Cap. 59A), the Board shall regulate, supervise and enforce compliance for anti-money laundering, combating the financing of terrorism and countering proliferation financing purposes by all reporting institutions regulated and supervised by the Board and to whom the provisions of the Proceeds of Crime and Anti-Money Laundering Act apply. Section 28(2)(a) vet proposed members including beneficial owners of a reporting institution; Section 28(2)(b) conduct onsite inspection; Section 28(2)(c) conduct offsite surveillance; Section 28(2)(d) undertake consolidated supervision of a reporting institution; Section 28(2)(e) compel the production of any document or information the Board may require for the purpose of discharging its supervisory mandate under the Proceeds of Crime and Anti-Money Laundering Act (Cap. 59A); Section 28(2)(f) impose monetary, civil or administrative sanctions for violations related to anti-money laundering, combating the financing of terrorism or c...

Section 29. Penalties for violations relating to money laundering and terrorism financing Section 29(1) No member of a reporting institution shall violate or fail to comply with the regulations, guidelines, directions, rules or instructions issued for anti-money laundering, combating the financing of terrorism and countering proliferation financing purposes. Section 29(2)(a) in case of a legal person, to a penalty not exceeding five million shillings; Section 29(2)(b) in the case of a natural person, to a penalty not exceeding one million shillings; and Section 29(2)(c) to additional penalties not exceeding one hundred thousand shillings in each case for each day or part thereof during which such violation or non-compliance continues.