Hydrologists Act

Section 1. Citation Section This Act may be cited as the Hydrologists Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "annual licence" means a licence issued under section 20 ; "Board" means the Hydrologists Registration Board established by this Act; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to water resources; "Chairperson" means the chairperson of the Board appointed under section 6 ; "consultant hydrologist" means a person whose name has been entered in the register under section 18 (3); "hydrological assistant" means a person whose name has been entered in the register under section 18 (2); "hydrological sciences" includes hydrology, hydraulics or fluid dynamics or computational or applied mathematics; "hydrologist" means a person whose name has been entered in the register under section 18 (1); "register" means any of the registers required to be kept under section 13 ; "Registrar" means the Registrar of the Board appointed under section 12 ; and "Society" means the Hydrological Society of Kenya registered under the Societies Act (Cap. 108) and existing at the commencement of this Act.

Section 3. Establishment of the Board Section 3(1) There is established a board, to be known as the Hydrologists Registration Board. Section 3(2)(a) suing and being sued; Section 3(2)(b) borrowing or lending money; Section 3(2)(c) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 3(2)(d) entering into contracts; and Section 3(2)(e) doing or performing all other things or acts for the furtherance of the provisions of this Act which may be lawfully done or performed by a body corporate.

Section 4. Functions of the Board Section to regulate, co-ordinate and oversee the practice of hydrology;

Section 5. Powers of the Board Section have all powers necessary for the proper performance of its functions under this Act;

Section 6. Composition of the Board Section 6(1)(a) a Chairperson who shall be a member of the Society and appointed by the Cabinet Secretary; Section 6(1)(b) the Principal Secretary for the time being responsible for matters relating to water resources; Section 6(1)(c) the Principal Secretary for the time being responsible for matters relating to finance; Section 6(1)(d) the Principal Secretary for the time being responsible for matters relating to roads construction; Section 6(1)(e) the Attorney-General; Section 6(1)(f) the Chief Hydrologist; Section 6(1)(g) two other persons appointed by the Cabinet Secretary by virtue of their experience in the field of hydrology; Section 6(1)(h) a representative of the National Environment Management Authority; and Section 6(1)(i) the Registrar who shall be an ex officio member of the Board. Section 6(2) All the members of the Board under paragraphs (b), (c), (d), (e) and (f) of subsection (1) may attend the meetings of the Board in person or designate a representative to attend on their behalf.

Section 7. Conduct of business and affairs of the Board Section The conduct of business and affairs of the Board shall be as provided in the Schedule.

Section 8. Protection from personal liability Section A member of the Board shall not be personally liable for any act or omission 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 9. Allowances of Board members Section The Board shall pay members of the Board such remuneration, fees or allowances for expenses as it may determine after consultation with the Cabinet Secretary for the time being responsible for finance.

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 it may determine, in consultation with the Salaries and Remuneration Commission.

Section 11. Delegation by the Board Section The Board may, by resolution generally or in any particular case, delegate to any committee of the Board the exercise of any of the powers or of the performance of any of the functions or duties of the Board under this Act.

Section 12. The Registrar Section 12(1) The Cabinet Secretary shall appoint a public officer as the Registrar of the Board. Section 12(2) The Registrar shall hold and vacate office in accordance with the terms and conditions of his or her appointment.

Section 13. Registers to be kept Section 13(1)(a) a register of hydrologists; Section 13(1)(b) a register of hydrological assistants; and Section 13(1)(c) a register of consultant hydrologists. Section 13(2) Subject to payment of the prescribed fee, there shall be entered and maintained in the appropriate register, the name, address and date of entry of every person entitled to be registered under this Act together with his professional qualifications and such other particulars as may be prescribed by the Board. Section 13(3) The Registrar shall keep or cause to be kept up-to-date all registers or records required to be kept under or for the purposes of this Act, subject to any directions which may from time to time be issued by the Board.

Section 14. Publication of register and list Section 14(1) The Registrar shall cause to be published in the Gazette , as soon as may be practicable after registration, the name, address and qualifications of every person registered under this Act. Section 14(2) The Registrar shall, subject to the directions of the Board, cause to be published in the Gazette any amendments to or deletion from the register. Section 14(3) 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 persons remaining on the register at the close of the previous year.

Section 15. Publication prima facie evidence of registration Section 15(1) A publication under section 14 shall be prima facie evidence that the persons named therein are registered under this Act. Section 15(2) The deletion from the register of the name of any person notified by such publication or the absence of the name of any person from such publication, shall be prima facie evidence that such person is not so registered.

Section 16. Inspection of register Section Any person may, during normal office hours and on payment of the prescribed fee, inspect the register or any document or entry in the register and may obtain from the Registrar a copy of, or an extract from, the register or any such document.

Section 17. Proof of documents Section 17(1) In any legal proceedings, any document purporting to be a copy of or an extract from the register or any document kept or published by the Registrar, and purporting to be certified by the Registrar to be a true copy or extract, shall be admissible as prima facie evidence of the contents of the register or document. Section 17(2) No process for compelling the production of the register or any document kept by the Registrar shall issue from any court except with the leave of that court, and any such process which is so issued shall bear a statement that it was issued with the leave of the court. Section 17(3)(a) produce the register or any document if its contents can be proved under subsection (1); or Section 17(3)(b) appear as a witness to prove any entry in the register, the matters recorded in the register or any such document, unless the court for special case so orders.

Section 18. Qualifications for registration Section 18(1)(a) is a holder of a degree or postgraduate diploma in hydrological sciences; Section 18(1)(b) is a member of the Society; Section 18(1)(c) has had not less than two years practical experience in the hydrological field. Section 18(2)(a) is a holder of a diploma or an equivalent qualification in hydrology from a polytechnic or college recognized for the time being by the Board; Section 18(2)(b) has had not less than three years practical experience of such a nature as to satisfy the Board as to his competence to practise as a hydrological assistant; and Section 18(2)(c) is a member of the Society. Section 18(3)(a) has practised for at least seven years or such a period determined by the Board as a hydrologist registered under this Act; and Section 18(3)(b) has satisfied the Board as to his or her having achieved a standard of competence to enable him or her to practise as a consultant hydrologist. Section 18(4) The Board may require an applicant for registration to satisfy it that his or her professional and general conduct have been such as, in the opinion of the Board, to make him or her a fit and proper person to be registe...

Section 19. Temporary registration Section 19(1)(a) that he or she is not ordinarily resident in Kenya; Section 19(1)(b) that he or she is or intends to be present in Kenya for the express purpose of carrying out specific work for which he or she has been engaged; and Section 19(1)(c) that he or she is, or was immediately before entering Kenya, in practice in such a capacity as to satisfy the Board of his or her fitness to serve the public as a person registered under this Act, Section 19(2) An application for registration under this section shall be in the prescribed form and accompanied by a non-refundable fee of ten thousand shillings or such other fee that may be prescribed by the Cabinet Secretary under section 35 (e). Section 19(3) The Board may require an applicant to appear before it for the purpose of considering his application, and shall require every applicant to produce documentary evidence of his work or employment immediately prior to his entering Kenya. Section 19(4) Registration of a person under this section shall continue only for the period or for the duration of the work specified by the Board and the decision of the Board as to whether or not the work has term...

Section 20. Annual licence Section 20(1) A person who is registered under this Act shall, if he or she intends to practice in a particular year, apply for an annual licence. Section 20(2) An application for an annual licence shall be in the prescribed form and shall be accompanied by the prescribed fees. Section 20(3) The prescribed fee shall be as determined by the Cabinet Secretary from time to time. Section 20(4) Any sum payable under subsection (2) shall be applied by the Board in such manner as may be prescribed by the Cabinet Secretary and any sum payable under subsection (2) shall be paid by the Board to the National Treasury in such manner as the Cabinet Secretary for the time being responsible for finance shall prescribe. Section 20(5) An annual licence shall bear the date on which it is issued and shall be effective from that date, and shall expire at the end of the licence year in which it is issued. Section 20(6) Where the name of a person registered under this Act is removed from the register, the annual licence of that person shall expire immediately. Section 20(7) The licence year shall be from the first day of January to the thirty first day of December in each year...

Section 21. Practice of hydrology Section 21(1)(a) engages in the public practice of hydrology or holds himself out to the public as a person entitled to do so; Section 21(1)(b) offers to perform or performs services involving the verification of hydrological data, studies and design or hydrometric installations; Section 21(1)(c) offers to perform or performs services involving hydrological studies, design and investigations and assessment of water resources potential; or Section 21(1)(d) engages in any practice, or performs or offers to perform any services, which may be prescribed. Section 21(2) A person employed by the national or county government or by any other person or organization, and who is entitled to remuneration from such employment shall not, for the purposes of this Act, be deemed to be a person who practices hydrology under subsection (1).

Section 22. Power to remove from and correct register Section 22(1)(a) fails within a period of six months from the date of an inquiry sent by the Registrar by prepaid registered letter to the address appearing in the register against his name, to notify the Registrar of his current address; Section 22(1)(b) requests that his name be removed from the register, in which case such person may be required to satisfy the Board by affidavit lodged with the Registrar that no criminal proceedings or proceedings under section 24 are being or are likely to be taken against him or her; Section 22(1)(c) is found by the Board to be guilty of such misconduct subject to section 24 ; or Section 22(1)(d) fails to renew the annual licence issued by the Board enabling him or her to practise as a person registered under this Act within a period of three months from the date of expiry of the previous licence. Section 22(2)(a) the name of a registered person who dies; or Section 22(2)(b) any entry which was incorrectly or fraudulently made. Section 22(3) Except where no address is provided or where a person dies, the Registrar shall notify the person whose name is removed from the register of such remov...

Section 23. Restoration to the register Section 23(1) Where the name of any person has been removed from the register under section 22 , the name of that person shall not be again entered in the register except by direction of the Board. Section 23(2)(a) the removal from the register be confirmed; or Section 23(2)(b) the name of that person be restored to the register; or Section 23(2)(c) the suspension of the effect of the registration of that person be terminated. Section 23(3) A direction given by the Board under subsection (2) may include provision for the date upon which a restoration to the register or the termination of a suspension of the effect of registration shall take effect and for the payment by the person concerned of such fee, not exceeding the fee payable on an application for registration, as the Board may determine.

Section 24. Powers to suspend registration, etc. Section 24(1)(a) caution or censure such a person; Section 24(1)(b) suspend his or her registration for a period; or Section 24(1)(c) direct that his name be removed from the register. Section 24(2) For the purposes of this section, a hydrologist who describes himself or herself as a consultant hydrologist shall be guilty of improper conduct in a professional respect if he or she can be shown to have any direct or indirect interest such as would tend to influence his or her exercise of independent professional judgment in the matters upon which he or she advises. Section 24(3) For the purposes of this section, a hydrological assistant who describes himself or herself in any way so as to imply that he or she is, or so as to lead any person to think that he or she is, qualified for registration as a hydrologist shall be guilty of improper or disgraceful conduct in a professional respect.

Section 25. Procedures at inquiry Section 25(1) Upon any inquiry held by the Board under this Act, the person whose conduct is being inquired into shall be entitled to appeal and to be heard in person or to be represented by an advocate. Section 25(2)(a) administer oaths; Section 25(2)(b) summon persons to attend and give evidence; and Section 25(2)(c) order the production of documents. Section 25(3) All summonses and orders issued under the hand of the Chairperson or Registrar shall be deemed to be issued by the Board. Section 25(4) The Registrar shall record or cause to be recorded a summary of all evidence given at an inquiry held by the Board. Section 25(5) Subject to this section and to any Regulations made under section 35 , the Board shall have power to regulate its own procedure at an inquiry held by it. Section 25(6) For the purposes of Chapter XI of the Penal Code (Cap. 63), an inquiry held by the Board shall be deemed to be a judicial proceeding.

Section 26. Disobedience of summons and refusal to give evidence Section 26(1)(a) without sufficient cause does not attend at the time and place mentioned therein; Section 26(1)(b) refuses without sufficient cause to answer fully and satisfactorily to the best of his or her knowledge and belief all questions put to him or her by or with the concurrence of the Board; or Section 26(1)(c) refuses or omits to produce any documents in his possession or under his control which are specified in the order, Section 26(2) A person giving evidence before the Board shall, in respect of any evidence given by him or any document produced by him, be entitled to all the privileges to which he would be entitled as a witness before the High Court.

Section 27. Appeals Section 27(1)(a) to refuse to register his or her name; Section 27(1)(b) to remove the name of a person registered under this Act from the register; or Section 27(1)(c) to suspend the effect of or to refuse to restore his or her name to the register, may appeal to the High Court against the decision of the Board. Section 27(2) A High Court hearing an appeal under subsection (1) may give such directions in the matter as it thinks proper, and any order of the High Court under this section shall be final. Section 27(3) The Board may appear as respondent and be heard on any appeal against its decision and, for the purpose of enabling directions to be given as to the costs of any such appeal, the Board shall be deemed to be a party thereto, whether or not it appears at the hearing of the appeal. Section 27(4) Until rules of court are made under the Judicature Act (Cap. 8) for such appeals, and subject to any such rules when made, the provisions of the Civil Procedure Act ( Cap. 21 ) shall apply as if the decision or direction of the Board were a decree of a subordinate court exercising original jurisdiction.

Section 28. Funds of the Board Section such moneys or assets as may accrue to or vest in the Board in the course of the exercise of the powers or the performance of its functions under this Act;

Section 29. Financial year Section The financial year of the Board shall be the period of twelve months ending on the thirtieth day of June in each year.

Section 30. Annual estimates Section 30(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 30(2)(a) payment of salaries, allowances, pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the Board; Section 30(2)(b) proper maintenance of the buildings and grounds of the Board; Section 30(2)(c) proper maintenance, repair and replacement of the equipment and other property of the Board; and Section 30(2)(d) 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 matters as the Board may think fit. Section 30(3) The annual estimates shall be approved by the Board before commencement of the financial year to which they relate, and shall be submitted to the Cabinet Secretary for approval, and after the Cabinet Secretary has given approval, the Board shall not increase the annual estimates without the consent of the Cabinet Secretary. Section 30(4) No expenditure shall b...

Section 31. Accounts and audit Section 31(1) The Board shall cause to be kept all proper books and records of the income, expenditure, assets and liabilities of the Board. Section 31(2)(a) a statement of income and expenditure during that year; and Section 31(2)(b) a statement of the assets and liabilities of the Board on the last day of the year. Section 31(3) The accounts of the Board shall be audited and reported upon in accordance with the Public Audit Act (Cap. 412B).

Section 32. Investment of funds Section The Board may invest any of the funds in securities in which the Board may by law invest funds for or in any other securities which the Treasury may from time to time approve for that purpose.

Section 33. Restrictions on use of titles by non-registered persons Section 33(1)(a) pretends to be a hydrologist or a hydrological assistant or a consultant hydrologist; or Section 33(1)(b) subject to section 36 , takes or uses in any way the style or title of "hydrologist" in describing his or her occupation or business or any other name, style, title, addition or description implying whether in itself or in the circumstances in which it is used, that such person is a hydrologist; or Section 33(1)(c) in any way holds himself or herself out to be a hydrologist of any description, Section 33(2)(a) being registered under this Act as a hydrological assistant in any way pretends to be or acts as if he or she was a hydrologist; or Section 33(2)(b) being registered under this Act as a hydrologist or a hydrological assistant in any way pretends to be or act as if he or she was a consultant hydrologist; or Section 33(2)(c) being registered under this Act, in one or more category pretends to be, or acts as if he or she was, registered in another category,

Section 34. 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 35. Regulations Section the conduct of the business of the Board and the procedure to be followed by the Board in any inquiry under this Act;

Section 36. Exemptions Section The Cabinet Secretary may by regulations made under section 35 exempt certain persons, or classes of persons in particular hydrology disciplines or in particular occupations or employment, from having to comply with any or all of the provisions of this Act.

Section 37. Transitional provisions Section 37(1) After the expiration of six months or such longer period as the Cabinet Secretary may declare by a notice in the Gazette , after the commencement of this Act, no person shall practice as such unless he is a holder of an annual licence that is in force. Section 37(2) A person who contravenes subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding one year or to both.