Physical Planners Registration Act

Section 1. Short title Section This Act may be cited as the Physical Planners Registration Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Board" means the Physical Planners Registration Board established by section 3 ; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for physical planning; "register" means the register of physical planners kept in accordance with section 6 ; "registered physical planner" means a person whose name is for the time being entered in the register as a registered physical planner under section 7 ; "Registrar" means the Registrar of the Board appointed under section 5 .

Section 3. Establishment and functions of the Board Section 3(1) There is hereby established a Board, to be known as the Physical Planners Registration Board which shall be responsible for regulating the activities and conduct of physical planners registered in accordance with the provisions of this Act. Section 3(2)(a) be a body corporate with perpetual succession and a common seal; Section 3(2)(b) be capable of suing and being sued in its corporate name; Section 3(2)(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(3) The provisions of the Schedule shall apply to the constitution, meetings and other matters provided for in that Schedule. Section 3(4)(a) register all eligible persons to practise as physical planners in accordance with the provisions of this Act; Section 3(4)(b) set and conduct examinations for purposes of registration of members; Section 3(4)(c) verify the qualifications and eligibility of the applications seeking registration with the Board; and Section 3(4)(d) enquire into the professional misconduct of a member and institute disciplinary proce...

Section 4. Limitation of liability of members of the Board 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 functions of, or exercising the powers conferred upon the Board under this Act.

Section 5. 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 6. Register of Physical Planners Section 6(1)(a) the date of the entry in the register; Section 6(1)(b) his address; Section 6(1)(c) his qualifications; and Section 6(1)(d) such other particulars as the Board may from time to time direct. Section 6(2) All changes in the particulars recorded under subsection (1) shall be entered in the register by the Registrar.

Section 7. Certificate of registration Section 7(1) Where the name of a person has been entered in the register, the Registrar shall issue a certificate of registration in the prescribed form to that person but the certificate shall remain the property of the Board. Section 7(2) Where the name of a person has been removed from the register, the Board shall give notice to that person by registered post or, if he is dead, to his legal personal representative, requiring the certificate of registration to be surrendered to the Board. Section 7(3) A 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 one hundred thousand shillings or to imprisonment not exceeding twelve months or to both. Section 7(4) A certificate of registration issued by the Registrar shall be valid for one year, and shall be renewable on the payment of the prescribed fee but where the prescribed fee has been paid in advance of the renewal date and there is no order that the name of the holder of the certificate be removed from the register, the certificate...

Section 8. Publication of register and list Section 8(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 physical planner and, subject to the directions of the Board, he may cause to be so published any amendments to the register. Section 8(2) The Registrar shall cause to be published in the Gazette at the beginning of each year a notice of the names, addresses and qualifications of all registered physical planners, entered in the register.

Section 9. Publicationprima facieevidence of registration Section A notice published under section 8 shall be prima facie evidence that the persons named therein are registered physical planners and the deletion from the register of the name of any person from a notice, shall be prima facie evidence that the person is not registered.

Section 10. 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 11. Proof of documents Section 11(1) In any legal proceedings a document purporting to be a copy of, or an extract from, the register or any document kept or published by the Registrar which is 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 11(2)(a) to produce the register or any document if its contents can be proved under subsection (1); or Section 11(2)(b) to appear as witness to prove an entry in the register or the matters recorded in the register or any document, unless the court for special cause so orders.

Section 12. Conditions and qualifications for registration Section 12(1)(a) he is the holder of a bachelor’s or postgraduate degree in urban or regional planning or both from any university which is recognized for the time being by the Board and has passed an examination prescribed by the Board; Section 12(1)(b) he has been admitted as a corporate member of an approved professional institution whose qualifications for such admission are not less than those prescribed in paragraph (a); or Section 12(1)(c) if before the commencement of this Act he is a corporate member of the Architectural Association of Kenya (Town Planning Chapter). Section 12(2) A person shall not be eligible to take the examinations prescribed by the Board unless he has had two years post qualification practical experience in physical planning. Section 12(3) Notwithstanding the fact that an applicant is qualified in terms of subsection (1), the Board may require the applicant to satisfy the Board that his professional and general conduct has been such that, in the opinion of the Board, he is a fit and proper person to be registered under this Act and the Board may direct the Registrar to postpone the registration...

Section 13. Acceptance for registration Section 13(1) An application made to the Board under section 12 shall be considered by the Board and if it is satisfied that the applicant is so qualified it shall accept the applicant for registration. Section 13(2) When the Board has accepted an applicant for registration it shall direct the Registrar to enter the name of the applicant in the register. Section 13(3) The consideration of an application under this section shall be done by the Board and shall not be delegated to any committee of the Board.

Section 14. Registration in exceptional circumstances Section 14(1)(a) that he is qualified under section 12 ; Section 14(1)(b) that he is not ordinarily resident in Kenya; and Section 14(1)(c) that he is or intends to be resident in Kenya and engage in practice as a physical planner for the specific work for which he has been engaged, Section 14(2) An application for registration under this section shall be made in the prescribed form accompanied by the prescribed fee and a documentary evidence of the applicant’s work or employment immediately prior to his coming to Kenya and the Board may require him to appear before it for the purposes of considering his application.

Section 15. Removal of names from register Section 15(1)(a) died; or Section 15(1)(b) failed to pay the prescribed fee; or Section 15(1)(c) failed, 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; or Section 15(1)(d) requested his name to be removed from the register; or Section 15(1)(e) had his name entered in the register by mistake or by reason of any false or misleading information; or Section 15(1)(f) had his qualification under section 12 withdrawn or cancelled by the body through which it was acquired or by which it was awarded; or Section 15(1)(g) been adjudged bankrupt; or Section 15(1)(h) been found by the Board to be guilty of an act or omission prejudicial to the public interest or misconduct under section 23 ; or Section 15(1)(i) been convicted of an offence under this Act; or Section 15(1)(j) being a company, been placed under receivership or in liquidation whether compulsorily or voluntarily, Section 15(2) Except in the circumstances specified in subsection (1)(a) a registered physical planner whose nam...

Section 16. Restoration of names on register Section 16(1) Where the name of a registered physical planner has been removed from the register under section 15 or section 17 (c) his name shall not again be entered on the register unless the Board otherwise directs. Section 16(2)(a) the removal from the register be confirmed; or Section 16(2)(b) the name of that physical planner be restored on the register; or Section 16(2)(c) the suspension of the registration of that physical planner be terminated. Section 16(3) A direction given by the Board under subsection (2) may include the date upon which restoration on the register or the termination of a suspension of the registration shall take effect and for the payment by the physical planner concerned of such fee, not exceeding the fee payable in respect of an application for registration as the Board may prescribe.

Section 17. Suspension of registration, etc. Section caution or censure the registered physical planner; or

Section 18. Procedure at inquiry Section 18(1) A registered physical planner who is the subject of an inquiry held under this Act may appear at the hearing in person or by an advocate representing him. Section 18(2)(a) to administer oaths; Section 18(2)(b) to summon persons to attend and give evidence; and Section 18(2)(c) to order the production of documents. Section 18(3) Any summons or order issued under the hand of the Chairperson or the vice-Chairperson shall be deemed to have been issued by the Board. Section 18(4) The Chairperson, or in his absence the vice-Chairperson, shall record or cause to be recorded a summary of any oral evidence given at an inquiry held by the Board. Section 18(5) Subject to this section and to any regulations made under section 25 , the Board shall have power to regulate its own procedure. Section 18(6) For the purposes of an inquiry held under this Act the Board shall, not less than twenty-one days prior to the date of the inquiry, notify by registered letter all the persons concerned. Section 18(7)(a) refuses or neglects without sufficient cause to attend at the inquiry; or Section 18(7)(b) refuses without sufficient cause to answer fully and sati...

Section 19. Appeals against refusal to register, etc. Section refusing to register his name;

Section 20. Effect of registration Section 20(1) A person whose name has been entered in the register shall so long as his name remains on the register, be entitled to adopt and use the title "Registered Physical Planner" or such contraction thereof as the Board may approve. Section 20(2) Any person who adopts or uses the title "Registered Physical Planner" or practises or holds himself out as a registered physical planner in contravention of subsection (1) shall be guilty of an offence and liable to a fine not exceeding one hundred thousand shillings or to imprisonment not exceeding twelve months or to both.

Section 21. Unregistered persons not to practise as physical planners Section 21(1)(a) no individual shall carry on business as a registered physical planner unless he is a registered physical planner under this Act; Section 21(1)(b) no partnership shall carry on business as registered physical planners unless all the partners whose occupation involves the preparation of plans in respect of land under the Physical and Land Use Planning Act (Cap. 303) and are registered physical planners; Section 21(1)(c) no body corporate shall carry on business as registered physical planner unless the directors thereof whose occupation involves the preparation of plans in respect of land under the Physical and Land Use Planning Act (Cap. 303) and are registered physical planners. Section 21(2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding twelve months or to both.

Section 22. Carrying on practice for purposes of winding up, etc. Section Notwithstanding any other provisions of this Act, where a person ceases to carry on business as a registered physical planner by reason of his death or insolvency, or by reason of having been adjudged to be of unsound mind, the business may be carried on for the purposes of winding up or being disposed of by a registered physical planner appointed in that behalf by the person for the time being authorized by law to deal with the administration of the property of such person for a period not exceeding twelve months from the date of the death or commencement of the disability.

Section 23. 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 24. Finance Section make to the Board such grants as may be necessary to enable it to discharge its functions under this Act;

Section 25. Regulations Section provide for the conduct of the business of the Board and the procedure to be followed by the Board at any inquiry under this Act;