Nutritionists and Dieticians Act

Section 1. Short title Section This Act may be cited as the Nutritionists and Dieticians Act.

Section 2. Interpretation Section any food, nutrient or food supplements and any labelling or advertising materials in respect thereof; and

Section 3. Restriction on use of title Section 3(1) Subject to the provisions of this Act, no person shall practise under the name, title or style containing the words or phrases "Nutritionist", or "Dietician", "Nutrition technologist" "Technologist" "Nutrition or Dietetics technicians" unless that person holds a relevant degree, diploma or certificate from a recognized university or college, and is registered and licensed under this Act. Section 3(2) Notwithstanding any other provisions of this Act, a person registered and licensed under this Act shall engage in private practice only if he holds a diploma or a degree and has completed one-year internship or has a minimum of three years' experience in nutrition and dietetics. [Act No. 5 of 2019 , Sch.]

Section 4. Establishment of the Institute Section 4(1) There is hereby established an Institute to be known as the Kenya Nutritionists and Dieticians Institute. Section 4(2)(a) suing and being sued; Section 4(2)(b) acquiring, holding and disposing of property; and Section 4(2)(c) doing all such things as may be done by a body corporate. Section 4(3) The Institute shall be governed by a Council. Section 4(4) Each person who is registered by the registration Committee of the Council under 18(1) shall automatically become a member of the Institute and subject to the disciplinary procedures of the Institute. Section 4(5) Members of the Institute shall pay such fees and subscriptions as the Council may determine.

Section 5. Establishment and composition of the Council of the Institute Section 5(1) The Council of the Institute is hereby established. Section 5(2)(a) be a holder of a bachelors' degree in nutrition or dietetics; and Section 5(2)(a)(i) be a holder of a bachelors' degree in nutrition or dietetics; and Section 5(2)(a)(ii) have at least ten years of professional experience after the first degree of which two years shall be at leadership and managerial level; Section 5(2)(b) one qualified nutritionist or dietician professional with a minimum of a diploma in good standing from private practice who shall be appointed by the Cabinet Secretary; Section 5(2)(c) the Director of Nutrition and Dietetics Services in the Ministry responsible for health or their designated representative; Section 5(2)(d) one representative of the Consumers Federation of Kenya, who shall be a holder of at least a Bachelor's Degree; Section 5(2)(e) one representative of faculties teaching nutrition and dietetics at public universities who shall be competitively sourced and who shall be a holder of at least a Master's Degree; Section 5(2)(f) one representative from public and private middle level colleges, offeri...

Section 6. Functions of the Institute Section determine and set a framework for the professional practice of nutritionists and dieticians;

Section 7. Delegation of powers of the Institute Section Subject to this Act, the Institute may either generally or in a particular case, delegate to any committee of the Council or to any member, officer, employee, agent of the Institute or technical working group, the exercise of any of the powers of the Institute under this Act. [Act No. 5 of 2019 , Sch.]

Section 8. Remuneration of Council members Section The Institute shall pay such remuneration, fees, and other allowances to members of the Council as may be determined from time to time by the Council in consultation with the Salaries and Remuneration Commission. [Act No. 5 of 2019 , Sch.]

Section 9. The Chief Executive Officer Section 9(1) There shall be a Chief Executive Officer of the Institute who shall be competitively recruited by the Council and whose terms and conditions of service shall be determined by Public Service Commission. Section 9(2)(a) possesses a Master of Science degree or its equivalent from a university recognised in Kenya; Section 9(2)(b) has at least ten years professional and administrative experience in matters related to health; and Section 9(2)(c) meets the requirements of Chapter Six of the Constitution. Section 9(3) The Chief Executive Officer shall hold office for a term of four years renewable once based on performance. Section 9(4) The Chief Executive Officer shall, subject to the direction of the Council, be responsible for the management of the day to day affairs of the Institute. [Act No. 5 of 2019 , Sch.]

Section 10. Staff of the institute Section The Institute shall appoint such officers and other staff as are necessary for the proper discharge of its functions under this Act, upon such terms and conditions as the Council may determine.

Section 11. Protection from personal liability Section No action of a member of the Council or by any officer, employee or agent of the Institute shall, if the action is done bona fide for executing the functions, powers or duties of the Institute, render the member, officer, employee or agent personally liable to any action, claim or demand.

Section 9A. Corporation Secretary Section 9A(1) The Council shall competitively appoint a Corporation Secretary on part time or full time basis to facilitate the functions of the Council. Section 9A(2) The Corporation Secretary shall be the secretary to the Council but not a member of the Council. Section 9A(3) The Corporation Secretary shall discharge his duties as stipulated in the State Corporation guidelines. Section 9A(4) The Corporation Secretary shall coordinate with the office of the Chief Executive Officer to facilitate the activities of the Council. Section 9A(5) The Corporation Secretary shall be a person of high integrity who meets the requirements of Chapter Six of the Constitution. [Act No. 5 of 2019 , Sch.]

Section 12. The Establishment of the Accreditation Committee Section 12(1) There is hereby established a Committee known as the Kenya Nutrition and Dieticians Accreditation Committee. Section 12(2)(a) a Chairperson appointed by the Cabinet Secretary, who shall be a qualified nutritionist or dietician; Section 12(2)(b) five persons who shall be qualified nutritionists or dieticians, nominated by the Council, two of whom shall be from institutions of higher learning, and appointed by the Commission for Higher Education; Section 12(2)(c) two persons nominated by the Cabinet Secretary responsible for Education, one of whom shall be from the Kenya Institute of Education, and the other from the Kenya National Examination Council; Section 12(2)(d) two persons nominated by the Commission for Higher Education; and Section 12(2)(e) two persons nominated by the Cabinet Secretary responsible for Health. Section 12(3) In nominating the persons under subsection (2)(b), the Council shall have regard to gender parity. [Act No. 5 of 2019 , Sch.]

Section 13. Functions of the Accreditation Committee Section provide proper training of persons to be registered and licensed;

Section 14.[Deleted by ActNo. 5 of 2019, Sch.]

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

Section 16. Persons entitled to be registered Section has attained the age of 18 years;

Section 17. Registration of nutritionists and dieticians Section 17(1) A person eligible to be registered as a nutritionist or dietician shall apply in the prescribed form to the Chief Executive Officer, and the application shall be accompanied by the prescribed fee. Section 17(2) Where a person has complied with the provisions of section 16 and has been accepted by the Council as being eligible for registration, such person shall be registered. [Act No. 5 of 2019 , Sch.]

Section 18. Certificate of registration Section The Institute shall issue to every person registered under this Act, a certificate in the prescribed form.

Section 19. Deregistration Section 19(1)(a) fails within a period of six months from the date of an inquiry sent by the Chief Executive Officer by registered post to the address appearing in the register against such person’s name, to notify the Chief Executive Officer of his current address; Section 19(1)(b) requests that his name be removed from the register, in which case such person may be required to satisfy the Council by an affidavit lodged with the Chief Executive Officer that no criminal proceedings under this Act have been instituted or are likely to be instituted against him; or Section 19(1)(c) is found by the Council to be guilty of professional misconduct in accordance with this Act. Section 19(2) The Chief Executive Officer shall remove from the register any entry which has been incorrectly or fraudulently made. Section 19(3) Subject to the provisions of this Act, the removal of a person’s name from the register shall be notified by the Chief Executive Officer to the person by registered mail addressed to the address appearing in the register against his name immediately before such removal. Section 19(4) Where the name of any person has been removed from the registe...

Section 20. Restoration of name Section that the removal of such person's name from the register be confirmed; or

Section 21. Appeal against Order of the Council Section 21(1) Any person aggrieved by a decision of the Council may appeal to the High Court within thirty days of notification of the decision. Section 21(2) The Council may appear as respondent and be heard at any application against its decision. [Act No. 5 of 2019 , Sch.]

Section 22. Licensing Section 22(1) No person shall engage in private practice unless he has been issued with a valid licence to practice. Section 22(2) The Institute may issue to a nutritionist or dietician who has applied in the prescribed form, a license to practice on his or her own behalf or to be employed by a registered nutritionist or dietician. Section 22(3) The Institute shall grant a licence to a nutritionist or dietician on payment of the prescribed fee, and shall state whether the licensee may practise on his own behalf or on employment.

Section 23. Qualification for practice on own behalf Section 23(1)(a) in a salaried post, either as an employee in the Government of Kenya as a nutritionist or dietician, or Section 23(1)(b) in an organization approved by the Institute, or Section 23(1)(c) as an employee of a nutritionist or dietician who has been engaged in a continuous full-time private practice on his own behalf in Kenya for a period of not less than five years. Section 23(2) The person employing a nutritionist or dietician under this section shall in the prescribed form notify the Institute of the commencement and termination of employment of such person.

Section 24. Validity of licence Section 24(1) After the expiry of twelve months from the commencement of this Act, no person shall engage in the practice of nutrition and dietetics practice unless he has been duly issued with a registration certificate and a practicing license by the Institute in accordance with this Act. Section 24(2) A license granted under this Act shall be valid for one year. Section 24(3) On expiry, a license may be renewed for such further period, not exceeding one year. Section 24(4) Where a license expires and is not renewed for a period of one year, the name of the holder of the licence shall be removed from the appropriate record.

Section 25. Establishment of the Disciplinary Committee Section 25(1) There is hereby established a committee to be known as the Disciplinary Committee of the Institute. Section 25(2)(a) a Chairperson appointed by the Council as per the First Schedule who shall be a qualified nutritionist or dietician with at least ten years’ experience; Section 25(2)(b) an advocate of the High Court with at least seven years’ experience appointed by the Council; Section 25(2)(c) one member of the Accreditation Committee; Section 25(2)(d) two members who shall be qualified nutritionists or dieticians with at least five years’ experience elected by the Council; and Section 25(2)(e) the Chairperson of the Accreditation Committee. Section 25(2A) The quorum for the meetings of the Disciplinary Committee shall be four which shall include at least the chairperson or vice-chairperson. Section 25(2B) The members of the Disciplinary Committee shall be paid such allowances as may from time to time be determined by the Council in consultation with the Salaries and Remuneration Commission. Section 25(3) The Corporation Secretary of the Institute shall be the Secretary of the Disciplinary Committee but shall no...

Section 26. Disciplinary Powers of the Committee Section 26(1)(a) has been convicted an offence punishable by imprisonment, the commission of which in the opinion of the Institute has dishonored him in the public estimation; Section 26(1)(b) has been guilty of negligence or malpractice in respect of his profession; or Section 26(1)(c) has been guilty of impropriety or misconduct, whether in respect of his profession or not Section 26(2) Upon an inquiry held by the committee, the person whose conduct is being inquired into shall be afforded an opportunity of being heard either in person or through an advocate. Section 26(3) For the purposes of proceedings at any inquiry held by the disciplinary committee, the committee may administer oaths, and may subject to any regulation made under this Act, enforce attendance of persons as witnesses and the production of books and documents. Section 26(4) Any person whose name has been removed from the register or whose license has been suspended shall forthwith surrender to the Institute his certificate of registration or license, and any person who fails to do so commits an offence. Section 26(5) Any person aggrieved by the decision of the com...

Section 27. Funds of the Institute Section such moneys as may accrue to or vest in the Institute in the course of the exercise of its powers or performance of its functions under this Act or under any other written law;

Section 28. Investment Section invest any of its surplus funds in Government securities; or

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

Section 30. Annual estimates Section 30(1)(a) the payment of salaries, allowances and other charges in respect of the members of the Council, the Chief Executive Officer, the Corporation Secretary and the staff of the Institute; Section 30(1)(b) the payment of pensions, gratuities and other charges in respect of the members of the Council, the Chief Executive Officer, the Corporation Secretary and the staff of the Institute; Section 30(1)(c) the proper maintenance of the premises of the Institute; Section 30(1)(d) the maintenance, repair and replacement of the equipment and other property of the Institute; and Section 30(1)(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 Institute may deem appropriate. Section 30(2) The annual estimates shall be approved by the Institute before the commencement of the financial year to which they relate: Provided that the amounts in estimates shall not be increased before the prior consent of the Institute. Section 30(3) The Institute shall keep all proper books and records of accounts of th...

Section 31.[Deleted by ActNo. 5 of 2019, Sch.]

Section 27A. Establishment of General Fund Section 27A(1) There is established a Fund of the Institute to be known as the General Fund. Section 27A(2) The Fund shall vest in the Institute and shall be administered by the Council through the Chief Executive Officer. Section 27A(3)(a) all monies received as subventions, grants or donations to the Fund; Section 27A(3)(b) monies earned or arising from any investment of the Fund; Section 27A(3)(c) foreign aid and assistance from bilateral and multilateral agencies; and Section 27A(3)(d) all other sums which may, in any manner become lawfully payable to, received by or vested in the Institute relating to any matter incidental to its duties and functions under this Act.

Section 32. Offences by persons not eligible to be registered or licensed Section 32(1) Any person who, not being eligible to be registered persons or licensed under this Act, uses any title appropriate to a person so registered or licensed, or holds himself out directly or indirectly as being so registered or licensed, commits an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding two years or to both. Section 32(2) Any person who, not being eligible to be registered or licensed under the Act, practices for gain as a nutritionist or dietician, commits an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding two years or to both.

Section 33. Offences by person eligible to be registered or licensed Section Any person who, though eligible to be registered or licensed under this Act, is not so registered or licensed but practices as a nutritionist or dietician commits an offence is liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding two years or to both.

Section 34. Offences by persons conducting training courses or examinations without authority Section admits to the institution under his charge any person for the purpose of training in nutrition and dietetics;

Section 35. Examination offences Section gains access to examinations material and knowingly reveals the contents, whether orally, in writing or through any other form, to an unauthorized party, whether a candidate or not;

Section 36. Employment of unregistered staff Section 36(1) Any person who employs another person as a nutritionist or dietician while that other person is not registered or licensed under this Act, commits an offence and is liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding three years or to both. Section 36(2) Any person who markets food and nutrition supplements without analysis, certification and registration by the Council commits an offence and is liable on conviction to a fine not exceding two hundred thousand shillings or to imprisonment for a term not exceeding two years, or both.

Section 37. Falsification of registers or records Section Any person who willfully 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 other person to be registered or licensed under this Act by making or producing or causing to be made or produced false or fraudulent representation or declaration, either orally or in writing, commits an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding two years or to both.

Section 38. Regulations Section the form and method of keeping the registers and records under this Act;

Section 39.[Deleted by ActNo. 5 of 2019, Sch.]