Human Resource Management Professionals Act

Section 1. Short title Section This Act may be cited as the Human Resource Management Professionals Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Cabinet Secretary" means the Cabinet Secretary responsible for labour and human resource development; "Council" means the Council of the Institute constituted pursuant to section 7 ; "Disciplinary Committee" means the committee established under section 31 ; "Examinations Board" means the Human Resource Management Professionals Examinations Board established under section 16 ; "Executive Director" means the person appointed as the Executive Director of the Institute under section 8 ; "Institute" means the Institute of Human Resource Management established under section 3 ; "practising certificate" means a practising certificate issued by the Registration Committee pursuant to section 29 ; "Register" means the register kept pursuant to section 25 ; and "Registration Committee" means the committee established under section 18 .

Section 3. Establishment of Institute Section 3(1) There is established an institute to be known as the Institute of Human Resource Management. Section 3(2)(a) suing and being sued; Section 3(2)(b) purchasing, acquiring, holding or disposing of property; Section 3(2)(c) borrowing money; and Section 3(2)(d) doing or performing all such other things or acts necessary for the proper performance of its functions under this Act, which may lawfully be done by a body corporate. Section 3(3) The Headquarters of the Institute shall be in Nairobi, but the Institute may establish offices at any place in Kenya.

Section 4. Membership of the Institute Section 4(1) A person who is registered under this Act shall be a member of the Institute. Section 4(2)(a) Fellows, comprising those persons who become fellows – pursuant to an invitation under subsection (3) each of whom shall be titled "Fellow of the Institute of Human Resource Management" (designatory letters F.I.H.R.M); Section 4(2)(b) members, comprising those members of the Institute who are registered under section 19 , each of whom shall be titled "Member of the Institute of Human Resource Management" (designatory letters M.I.H.R.M); Section 4(2)(c) associate members, comprising persons eligible to be registered under section 19 but who do not meet the requirements prescribed under subsection (1) of that section. Section 4(3) Where the Council considers that a member of the Institute has rendered outstanding services to the human resource profession, the Council may, invite the member to become a Fellow.

Section 5. Honorary fellows Section 5(1) Where the Council considers that a person, not being a member of the Institute has rendered exceptional services to the Institute or the human resource management profession, the council may invite the person to become an Honorary Fellow of the Institute. Section 5(2) An Honorary Fellow shall not be a member of the Institute.

Section 6. Functions of the Institute Section establish, monitor and publish the standards of professional competence and practice amongst human resource professionals;

Section 7. Council of the Institute Section 7(1)(a) a Chairperson who shall be a qualified human resource professional with at least five years experience in human resource management, elected by the members of the Institute in the manner prescribed by regulations; Section 7(1)(b) the Principal Secretary of the Ministry for the time being responsible for public service or a representative designated in writing by the Principal Secretary; Section 7(1)(c) the Principal Secretary of the Ministry for the time being responsible for labour and human resource development or a representative designated in writing by the Principal Secretary; Section 7(1)(d) six other members, who shall be persons with knowledge and experience in human resource management, elected by the human resource professionals in the manner prescribed under Regulations; Section 7(1)(e) the Executive Director. Section 7(2) A member appointed to the Institute under subsection (1)(a) and (d) shall hold office for a period of three years and shall be eligible for re-appointment for a further and final term of three years. Section 7(3) An appointment under subsection (1)(a) and (d) shall be by name and notice in the Gazette...

Section 8. Executive Director Section 8(1) There shall be an Executive Director of the Institute who shall be competitively appointed by the Council, and whose terms and conditions of service shall be determined by the Council in the instrument of appointment or otherwise in writing from time to time. Section 8(2)(a) is a registered human resource professional; Section 8(2)(b) has had at least five years proven experience in human resource management; and Section 8(2)(c) meets the requirements of Chapter Six of the Constitution. Section 8(3)(a) be an ex officio member of the Council but shall have no right to vote at any meeting of the Council; Section 8(3)(b) be the secretary to the Council; Section 8(3)(c) subject to the directions of the Council, be responsible for the day to day management of the affairs of the Institute; and Section 8(3)(d) be responsible to the Council generally for the implementation of this Act.

Section 9. Staff of the Institute Section The Council may appoint such officers, agents and other staff as are necessary for the proper and efficient discharge of the functions of the Institute and the Council under this Act, upon such terms and conditions of service as the Council may determine.

Section 10. Experts and consultants Section The Council may, on the advice of the Executive Director, engage on behalf of the Institute, the services of experts and consultants in respect of any of the functions of the Institute in connection with which they are considered to have special competence.

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

Section 12. Remuneration of the Council members Section The members of the Council shall be paid such, fees, allowances and disbursements for expenses as may be determined by the Council upon the advice of the Salaries and Remuneration Commission.

Section 13. Conduct and regulation of the business and affairs of the Council Section 13(1) The conduct and regulation of the business and affairs of the Council shall be as provided in the Schedule. Section 13(2) Except as provided in the Schedule, the Council may regulate its own procedure.

Section 14. Common seal Section 14(1) The common seal of the Institute shall be kept in the custody of the Executive Director or of such other person as the Council may direct, and shall not be used except upon the order of the Council. Section 14(2) The common seal of the Institute, 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 duly given.

Section 15. Protection from personal liability Section No matter or thing done by a member of the Council or by any officer, member of staff, or agent of the Council shall, if the matter or thing is done bona fide for executing the functions, powers or duties of the Council under this Act, render the member, officer, employee or agent or any person acting on their directions personally liable to any action, claim or demand whatsoever.

Section 16. Examinations Board Section 16(1) There is hereby established a Board to be known as the Human Resource Management Professionals Board Examinations Board. Section 16(2)(a) suing and being sued; Section 16(2)(b) purchasing, acquiring, holding or disposing of property; Section 16(2)(c) borrowing money; and Section 16(2)(d) doing or performing all such other things or acts necessary for the proper performance of its functions under this Act, which may lawfully be done by a body corporate. Section 16(3)(a) four persons who shall be qualified human resource professionals nominated by the Council, one of whom shall be appointed by the Council from amongst the members of the Institute as Chairperson of the Board; Section 16(3)(b) two persons nominated by the Cabinet Secretary of the Ministry for the time being responsible for education, one of whom shall be from the Kenya Institute of Curriculum Development and one from the Kenya National Examination Council; Section 16(3)(c) the Director of Personnel Management or a representative designated in writing by the Director of Personnel Management; Section 16(3)(d) one person nominated by the Commission for Univeristy Education; and...

Section 17. Functions of the Examination Board Section prescribe and regulate syllabuses of instruction for human resource management professionals examinations;

Section 18. Registration Committee Section 18(1) There is hereby established a committee to be known as the Registration Committee. Section 18(2)(a) a Chairperson appointed by the Council from amongst members of the Council; Section 18(2)(b) one person nominated by the Federation of Kenya Employers; Section 18(2)(c) one person nominated by the Examination Board; Section 18(2)(d) one person nominated by the Kenya National Examination Council; and Section 18(2)(e) the Attorney-General or his representative designated by him in writing. Section 18(3)(a) receive applications for registration and grant practising certificates in accordance with the provisions of this Act; Section 18(3)(b) monitor compliance with professional quality assurance and other standards published by the Council for observance by the members of the Institute; Section 18(3)(c) prescribe regulations to govern quality assurance programmes, including actions necessary to rectify deviations from standards; Section 18(3)(d) where appropriate and based on the results of a quality assurance investigation recommend to the Council that a member’s conduct be referred for inquiry under section 23 ; Section 18(3)(e) advise t...

Section 19. Qualifications for registration as a human resource management professional Section 19(1)(a) is of good conduct; Section 19(1)(b) has paid the prescribed fees; Section 19(1)(c) has successfully undergone a prescribed certificate, diploma, degree or research course of instruction and has passed the appropriate examination conducted or prescribed by the Institute; or Section 19(1)(d) has undergone a certificate, diploma, degree or research course of training and passed an examination elsewhere than in Kenya, which the Institute recognizes as equivalent to the training and instruction required in the case of persons trained in Kenya and as equivalent to the qualifications required under the Act; and Section 19(1)(e) holds such other qualifications as the Council may prescribe. Section 19(2) The Council may from time to time, by notice in the Gazette , approve qualifications, which it considers sufficient to allow a person to be registered, and may, in the same manner, withdraw that approval.

Section 20. Disqualification from registration Section is convicted by a court of competent jurisdiction in Kenya or elsewhere of any offence involving fraud or dishonesty;

Section 21. Registration of human resource firms Section the firm has a certificate of registration of a business name or certificate of incorporation;

Section 22. Application for registration Section 22(1) A person wishing to be registered as a Human Resource Management Professional shall apply to the Registration Committee. Section 22(2) An application under this section shall be made in the prescribed manner and form and shall be accompanied by the prescribed fee. Section 22(3) Where an application is made by a person in accordance with this section, the Registration Committee shall approve the application if it is satisfied that the applicant meets the requirements specified under section 19 .

Section 23. Certificate of registration Section The Registration Committee shall issue to every person registered under this Act a certificate of registration in the prescribed form.

Section 24. Removal of names from the register Section is of unsound mind;

Section 25. Register Section 25(1)(a) the names of persons registered under this Act; Section 25(1)(b) the names of all persons issued with a practising certificate; Section 25(1)(c) particulars of the cancellation of the registration of any person; and Section 25(1)(d) such other details as the Council may direct. Section 25(2) The Secretary to the Registration Committee shall keep up to date or cause to be kept up to date the register and records required to be kept under or for the proposes of this Act, subject to any directions which may form time to time be issued to him by the Council. Section 25(3)(a) the names of a deceased person; and Section 25(3)(b) any entry which has been incorrectly or fraudulently made. Section 25(4) The secretary to the Registration Committee shall cause the name and address of every person whose name is removed from the register under this section, to be published in the Gazette within one month from the date of such removal. Section 25(5) Subject to the provisions of this Act, the removal of a person’s name from the Register shall be notified by the secretary to the Registration Committee to the person by registered mail addressed to the address a...

Section 26. Correction of Register Section The secretary to the Registration Committee shall from time to time make any necessary alteration or correction in the register in relation to any entry therein.

Section 27. Reinstatement to the Register Section the removal of such person’s name from the register be confirmed; or

Section 28. Use of title Section by virtue of being so registered, be entitled to take and use the title and description of a human resource professional;

Section 29. Applications for practising certificate Section 29(1) No person shall practice as a human resource management professional unless the person has been issued with a valid practising certificate. Section 29(2) A person wishing to obtain a practising certificate shall apply to the Registration Committee. Section 29(3) An application under this section shall be in the prescribed form and shall be accompanied by the prescribed fee. Section 29(4)(a) is registered under this Act; and Section 29(4)(b) meets such other requirements as may be prescribed and if not satisfied, shall refuse the application. Section 29(5)(a) is removed from the register; or Section 29(5)(b) has been suspended under section 34 . Section 29(6) Where a practising certificate ceases to be in force under subsection (5), the person to whom the certificate was issued shall deliver it to the Council within thirty days from the date on which he ceases to be registered. Section 29(7) Any person who, without reasonable excuse contravenes subsection (6) commits an offence and shall be liable on conviction to a fine not exceeding one hundred thousand shillings.

Section 30. Professional misconduct Section deliberately fails to follow the laid down human resource procedures of his employer or client save those which are in violation of law;

Section 31. The Disciplinary Committee Section 31(1) There shall be a Committee to be known as the Disciplinary Committee. Section 31(2) The Disciplinary Committee shall consist of five members appointed by the Council, from among the members of the council. Section 31(3) Members of the Disciplinary Committee shall appoint one of their number to be the Chairperson.

Section 32. Reference of matters to the committee Section Where the Council has reason to believe that a registered person may have been guilty of professional misconduct it shall refer the matter to the Disciplinary Committee which shall inquire into the matter.

Section 33. Inquiry by the Disciplinary Committee Section 33(1) Upon inquiry held by the Disciplinary Committee, the person whose conduct is being inquired into shall be afforded an opportunity to be heard in person. Section 33(2) For the purpose of proceedings at any inquiry held by the Disciplinary Committee, the Committee may administer oaths, and may subject to any regulations made under this Act, enforce attendance of persons as witnesses and the production of books and documents. Section 33(3) The Disciplinary Committee shall, have power to regulate its own procedure.

Section 34. Powers of the Disciplinary Committee Section 34(1)(a) issue the human resource professional with a letter of admonishment; Section 34(1)(b) suspend the registration of the human resource professional for a specified period not exceeding twelve months; Section 34(1)(c) withdraw or cancel the practising certificate of the human resource professional for such period not exceeding five years as may be appropriate; Section 34(1)(d) impose a fine which the Council deems appropriate in the circumstances; or Section 34(1)(e) remove the name of the human resource professional from the register. Section 34(2) The Council shall as soon as practically possible inform the human resource professional of the action to be taken against him. Section 34(3) Any person whose name has been removed from the register or whose practising certificate has been suspended shall forthwith surrender to the Council his or her certificate of registration or practising certificate. Section 34(4) Any person being a registered human resource professional who refuses or fails to surrender his or her certificate of registration or practising certificate to the Council shall be guilty of professional miscon...

Section 35. Lifting of suspension Section 35(1) Where a human resource professional has been suspended from practising; he or she may appeal to the Council for the lifting of the suspension at any time before the expiry thereof. Section 35(2) Where the Council is satisfied in respect of any human resource professional that he or she should have his or her suspension lifted, the Council shall, upon the receipt of the prescribed fee, lift the suspension and restore to the human resource professional, his or her registration and practising certificate.

Section 36. 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;

Section 37. 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.

Section 38. Annual estimates Section 38(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 38(2)(a) payment of salaries, allowances and other charges in respect of the staff of the Council; Section 38(2)(b) payment of pensions, gratuities and other charges in respect of former staff of the Council; Section 38(2)(c) proper maintenance of the buildings and grounds of the Council; Section 38(2)(d) maintenance, repair and replacement of the equipment and other property of the Council; Section 38(2)(e) payment of allowances of the members of the Council and the members of the Board; and Section 38(2)(f) 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 38(3) The annual estimates shall be approved by the Council before the commencement of the financial year to which they relate and, once approved, the sum provided in the estimates shall be submitted to the Cabinet...

Section 39. Accounts and audit Section 39(1) The Council shall cause to be kept proper books and other records of accounts of the income, expenditure, assets and liabilities of the Council. Section 39(2)(a) a statement of income and expenditure during that financial year; and Section 39(2)(b) a statement of the assets and liabilities of the Council on the last day of that financial year. Section 39(3) The accounts of the Council shall be examined, audited and reported upon annually by the Auditor-General in accordance with the provisions of the Public Audit Act (Cap. 412B).

Section 40. Offences by persons not eligible to be registered Section 40(1) A person who, not being eligible to be registered under this Act, uses any title appropriate to a person so registered, or holds himself out directly or indirectly as being so registered, commits an offence and shall be liable on conviction to a fine not exceeding two hundred thousand shillings, or to imprisonment for a term not exceeding two years, or to both. Section 40(2) A person who, not being eligible to be registered under this Act, practices for gain as a human resource professional, commits an offence and shall be liable on conviction to a fine not exceeding two hundred thousand shillings, or to imprisonment for a term not exceeding two years, or to both.

Section 41. Offences by persons eligible to be registered Section A person who, though eligible to be registered or licensed under this Act, is not so registered or licensed but practices as such, commits an offence and shall be liable on conviction to a fine not exceeding two hundred thousand shillings, or to imprisonment for a term not exceeding two years, or to both.

Section 42. Falsification of registers or records Section A person who wilfully makes or causes to be made any false entry in, or falsification of, any register or record kept under this Act, or who presents or attempts to present himself or any person to be registered under this Act by making or producing or causing to be made or produced a 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 two hundred thousand shillings or to imprisonment for a term not exceeding two years, or to both.

Section 43. General penalty Section A person convicted of an offence under this Act for which no penalty is provided shall be liable to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding two years, or to both.

Section 44. Regulations Section prescribing the curriculum and the courses of study to be pursued by the students and candidates in order to satisfy the academic requirements of any particular registration;