Radiographers Act

Section 1. Short title and commencement Section This Act may be cited as the Radiographers Act, 2022, and shall come into force twelve months after publication in the Gazette .

Section 2. Interpretation Section In this Act, except where the context otherwise requires - "approved institution" means the Kenya Medical Training College, institutions established under the Universities Act, No. 42 of 2012 and the Technical and Vocational Education and Training Act, No. 29 of 2013 and such other training institution as the Board may approve; "Board" means the Radiographers Board of Kenya established under section 3 ; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to health; "radiation" includes both ionizing and non-ionizing radiation; "radiographer" means a person registered under this Act as such; "radiography" means the use of radiant energy, ionizing or non-ionizing radiation ("both ionizing and non-ionizing radiation;") for medical, forensic, veterinary, industrial and research purposes; "register" means the register of radiographers maintained under section 16 ; "Registrar" means the Registrar appointed under section 10 .

Section 10. TheRegistrar Section sec_10(1) There shall be Registrar ("the Registrar appointed under") who shall be appointed by the Board ("the Radiographers Board of Kenya established under;") and whose terms and conditions of service shall be determined by the Board ("the Radiographers Board of Kenya established under;") upon the advice of the Salaries and Remuneration Commission. Section sec_10(2) No person shall be appointed under this section unless such person has— (a) a university degree from a recognized university; (b) at least five year’s post qualifications working experience; and (c) is qualified to be registered under this Act as a radiographer ("a person registered under this Act as such;") . Section sec_10(3) The Registrar ("the Registrar appointed under") shall— (a) be an ex-officio member of the Board ("the Radiographers Board of Kenya established under;") and shall have no voting rights at any meeting of the Board ("the Radiographers Board of Kenya established under;") ; (b) hold office for a period of five years on such terms and conditions of employment as the Board ("the Radiographers Board of Kenya established under;") may determine and shall be eligible for r...

Section 11. Staff of theBoard Section The Board ("the Radiographers Board of Kenya established under;") may — (a) appoint such officers and other staff as may be necessary for the proper discharge of its functions under this Act, upon such terms and conditions of service as the Board ("the Radiographers Board of Kenya established under;") may determine upon the advice of the Salaries and Remuneration Commission; and (b) engage experts and resource persons whenever necessary for the discharge of its functions under this Act.

Section 12. Protection from personal liability Section sec_12(1) No matter or thing done by a member of the Board ("the Radiographers Board of Kenya established under;") or agent of the Board ("the Radiographers Board of Kenya established under;") shall, if the matter or thing is done bona fide for executing the functions, powers and duties of the Board ("the Radiographers Board of Kenya established under;") under this Act, render the member or agent or any person acting on their directions personally liable to any action, claim or demand whatsoever. Section sec_12(2) The provisions of subsection (1) shall not relieve the Board ("the Radiographers Board of Kenya established under;") of the liability to pay compensation or damages to any person for any injury to him, his property or any of his interest causes by the exercise of any power conferred by this Act, or by the failure, whether wholly or partially, of any works.

Section 3. Establishment of theBoard Section sec_3(1) There is established a Board ("the Radiographers Board of Kenya established under;") to be known as the Radiographers Board ("the Radiographers Board of Kenya established under;") of Kenya. Section sec_3(2) The Board ("the Radiographers Board of Kenya established under;") shall be a body corporate with perpetual succession and a common seal and shall in its corporate name, be capable of — (a) suing and being sued; (b) taking, purchasing or otherwise acquiring, holding, charging or disposing of both movable and immovable property; (c) borrowing and lending money; (d) entering into contracts; and (e) doing or performing all such other acts necessary for the proper performance of its functions under this Act, which may be lawfully done performed by a body corporate. Section sec_3(3) The headquarters of the Board ("the Radiographers Board of Kenya established under;") shall be in Nairobi or such other place as the Board ("the Radiographers Board of Kenya established under;") may, by resolution, determine.

Section 4. Functions of theBoard Section sec_4(1) The object and purpose for which the Board ("the Radiographers Board of Kenya established under;") is established is to exercise supervision and control over the training and practice of radiography ("the use of radiant energy, ionizing or non-ionizing radiation for medical, forensic, veterinary, industrial and research purposes;") in Kenya and to advice the Government in relation to all aspects thereof Section sec_4(2) Without prejudice to the generality of subsection (1) the Board ("the Radiographers Board of Kenya established under;") shall — (a) prescribe the minimum educational requirements for persons wishing to be registered radiographers under this Act; (b) consider and approve the qualifications of radiographers for the purposes of registration under this Act; (c) cause to be maintained a register ("the register of radiographers maintained under;") of all persons registered and licensed to practice radiographers in accordance with this Act; (d) license the private practice of radiographers; (e) establish and maintain a professional code of conduct for all persons registered under this Act; (f) regulate the professional cond...

Section 5. Powers of theBoard Section sec_5(1) The Board ("the Radiographers Board of Kenya established under;") shall have all powers necessary for the proper performance of its functions under this Act. Section sec_5(2) Without prejudice to the generality of subsection (1), the Board ("the Radiographers Board of Kenya established under;") shall have power to — (a) control, supervise and administer its assets in such manner and for such purpose as best promotes the purpose for which the Board ("the Radiographers Board of Kenya established under;") is established; (b) determine the provisions to be made for its capital and recurrent expenditure and for its reserves; (c) receive any grants, gifts, donations or endowments and make legitimate disbursements there from; (d) enter into association with other bodies or organisations within or outside Kenya as may be desirable or appropriate in furtherance of the purpose for which the Board ("the Radiographers Board of Kenya established under;") is established; (e) open a banking account or banking accounts for the funds of the Board ("the Radiographers Board of Kenya established under;") ; and (f) invest any of its funds not immediately r...

Section 6. Composition of theBoard Section sec_6(1) The Board ("the Radiographers Board of Kenya established under;") shall consist of - (a) a chairperson appointed by the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to health;") from amongst the persons nominated under paragraph (g); (b) the Principal Secretary responsible for health or a designated representative dealing with radiography ("the use of radiant energy, ionizing or non-ionizing radiation for medical, forensic, veterinary, industrial and research purposes;") not below the level of Chief Radiographer; (c) the Director of the Kenya Medical Training College or a designated representative not below the level of a Deputy Director; (d) the Director General of the Kenya Nuclear Regulatory Authority or a designated representative; (e) one person nominated by the Kenya Medical Practitioners and Dentists Council; (f) the Chairperson of the Society of Radiography in Kenya; (g) three radiographers competitively and transparently nominated by the Society of Radiography in Kenya, who shall include— (i) one radiographer ("a person registered under this Act as such;") working in the pr...

Section 7. Conduct of business and affairs of theBoard Section sec_7(1) The conduct and regulation of the business and affairs of the Board ("the Radiographers Board of Kenya established under;") shall be as provided in the First Schedule. Section sec_7(2) Except as provided in the First Schedule, the Board ("the Radiographers Board of Kenya established under;") may regulate its own procedure.

Section 8. Delegation by theBoard Section The Board ("the Radiographers Board of Kenya established under;") may, by resolution generally or in any Delegation by the particular case, delegate to any committee of the Board ("the Radiographers Board of Kenya established under;") the exercise of any of the powers or the performance of any of the functions or duties of the Board ("the Radiographers Board of Kenya established under;") under this Act.

Section 9. Remuneration ofBoardmembers Section The Board ("the Radiographers Board of Kenya established under;") shall pay its members such allowances for expenses as may be determined by the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to health;") upon the advice of the Salaries and Remuneration Commission.

Section 13. Approved training institutions Section sec_13(1) No person being in charge of a training institution in Kenya shall — (a) admit persons for training with a view to qualifying for registration under this Act; (b) conduct a course of training or administer the examination prescribed for the purposes of registration under this Act; or (c) issue any document or statement implying that the holder has undergone a course of training or passed the examinations prescribed by the Board ("the Radiographers Board of Kenya established under;") for purposes of registration, unless such institution is established or accredited under the Universities Act, No. 42 of 2012 or the Technical and Vocational Education Act, No. 49 of 2013 . Section sec_13(2) A person who contravenes any of the provisions of subsection (1) commits an offence and shall, on conviction, be liable to a fine not more than five million shillings, or to imprisonment for a term not less than two years, or to both. Section sec_13(3) The Board ("the Radiographers Board of Kenya established under;") shall publish a list of the training institutions approved under the Universities Act, No. 42 of 2012 and the Technical and...

Section 14. Protection from personal liability Section sec_14(1) Subject to the provisions of this section, a person shall be eligible for registration under this Act as a radiographer ("a person registered under this Act as such;") if the person — (a) is the holder of a qualification which is recognized by the Board ("the Radiographers Board of Kenya established under;") ; (b) after obtaining that qualification, has engaged in training employment under the supervision of a registered radiographer ("a person registered under this Act as such;") for such period, being not less than one year, as the Board ("the Radiographers Board of Kenya established under;") may approve; and (c) satisfies the Board ("the Radiographers Board of Kenya established under;") that while engaged in training employment as specified in paragraph (b), has acquired sufficient knowledge of, and experience in the practice of radiography ("the use of radiant energy, ionizing or non-ionizing radiation for medical, forensic, veterinary, industrial and research purposes;") . Section sec_14(2) A person who is the holder of a qualification from an accredited institution outside Kenya shall be eligible for registratio...

Section 15. Registration Section sec_15(1) A person trained in an approved institution ("the Kenya Medical Training College, institutions established under the Universities Act,and the Technical and Vocational Education and Training Act,and such other training institution as the Board may approve;") in Kenya wishing to be registered under this Act shall apply for registration to the Board ("the Radiographers Board of Kenya established under;") . Section sec_15(2) An applicant for registration who is a graduate of a foreign school of radiography ("the use of radiant energy, ionizing or non-ionizing radiation for medical, forensic, veterinary, industrial and research purposes;") shall furnish evidence satisfactory to the Board ("the Radiographers Board of Kenya established under;") that the applicant — (a) has completed a course of study in radiography ("the use of radiant energy, ionizing or non-ionizing radiation for medical, forensic, veterinary, industrial and research purposes;") which is substantially equivalent to that provided accredited program approved by the Board ("the Radiographers Board of Kenya established under;") ; (b) is a graduate of an institution, college or univ...

Section 16. Register Section sec_16(1) The Registrar ("the Registrar appointed under") shall maintain a register ("the register of radiographers maintained under;") for persons registered under this Act. Section sec_16(2) The register ("the register of radiographers maintained under;") maintained under subsection (1) may be in such form as may be prescribed, containing the categories specified in the Second Schedule and different registers may be kept for different specializations of radiographers as follows— (a) medical radiographers; (b) forensic radiographers; (c) veterinary radiographers; (d) industrial radiographers; and (e) such other specialization of radiographers as may be prescribed. Section sec_16(3) The Registrar ("the Registrar appointed under") shall — (a) not later than the thirty first day of March in every year, publish in the Gazette — (i) the names and addresses; (ii) qualifications; and (iii) categories of all registered radiographers; (b) subject to the directions of the Board ("the Radiographers Board of Kenya established under;") , cause to be published any amendments or deletion from the registers. Section sec_16(4) Every registered radiographer ("a person r...

Section 17. Removal of names from theregister Section sec_17(1) The Registrar ("the Registrar appointed under") shall remove from the register ("the register of radiographers maintained under;") — (a) the names of all deceased persons; (b) the names of all persons removed from the register ("the register of radiographers maintained under;") under the Act; and (c) any entries fraudulently or erroneously made. Section sec_17(2) The Registrar ("the Registrar appointed under") shall, as soon as reasonably practicable cause then a me and address of every person whose name is removed from the register ("the register of radiographers maintained under;") under this section, to be published in the Gazette .

Section 18. Qualifications for private practice Section sec_18(1) Subject to this Act, no person shall engage in private practice as a radiographer ("a person registered under this Act as such;") unless the person holds a valid practicing certificate issued under this Act. Section sec_18(2) For the purposes of this Act, a person shall be deemed to engage in private practice if the person practices as a radiographer ("a person registered under this Act as such;") — (a) on the person’s own account and is entitled to receive the entire amount of all fees and charges earned for the person’s own financial benefit; (b) in partnership with others and is entitled to receive a share of the profits earned by such partnership and is liable to bear as hare of any losses incurred by such partnership, but no person shall be deemed to engage in private practice where he is employed — (i) by the Government or any other public body; (ii) by a state corporation as defined by the State Corporations Act ( Cap. 446 ); or (iii) by any person or partnership engaged in his profession where all fees and charges earned by him are to the benefit of his employer, notwithstanding that he is engaged in his prof...

Section 19. Application for practicing certificate Section sec_19(1) An application for a practicing certificate shall be made to the Registrar ("the Registrar appointed under") in such form as may be prescribed. Section sec_19(2) Every application under this section shall be accompanied by — (a) the prescribed fee; and (b) evidence that the applicant has complied with the prescribed continuous professional development programmes. Section sec_19(3) The Board ("the Radiographers Board of Kenya established under;") shall, where the applicant — (a) satisfies the requirements of subsection (2); (b) is duly registered under this Act; and (c) is not for the time being suspended from practice, within sixty days of receipt by the Board ("the Radiographers Board of Kenya established under;") of the application, issue to the applicant a practicing certificate in the prescribed form. Section sec_19(4) The Registrar ("the Registrar appointed under") shall keep one copy of every application delivered to him under this section.

Section 20. Validity of practicing certificate Section sec_20(1) Every practicing certificate shall — (a) bear the date on which it is issued and shall have effect from that day; and (b) specify the area of practice of the radiographer ("a person registered under this Act as such;") within the categories specified in the Second Schedule. Section sec_20(2) A practicing certificate issued under this section shall be valid from the date it is issued and shall expire on the thirty first day of December of the year it is issued. Section sec_20(4) Where the name of the radiographer ("a person registered under this Act as such;") is removed or struck off the register ("the register of radiographers maintained under;") , the practicing certificate, if any, shall expire forthwith.

Section 21. Renewal of practicing certificate Section sec_21(1) A radiographer ("a person registered under this Act as such;") issued with a practicing certificate may apply for renewal of the certificate in the prescribed form at least thirty days before the date of expiry thereof.

Section 22. Disciplinary Committee Section sec_22(1) There is established a Disciplinary Committee Disciplinary of the Board ("the Radiographers Board of Kenya established under;") which shall consist of — (a) the Chairperson of the Society of Radiography in Kenya who shall be Chairperson of the Committee; (b) the Principal Secretary in the Ministry responsible for health or his designated representative; (c) two radiographers not being members of the Board ("the Radiographers Board of Kenya established under;") , competitively and transparently appointed by the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to health;") of whom— (i) one shall be in the public service; (ii) one shall be from the private practice; (d) the Attorney-General or a designated representative; and (e) the Registrar ("the Registrar appointed under") who shall be an ex-officio member and the secretary of the Committee. Section sec_22(2) The quorum of the Committee shall be three members. Section sec_22(3) A member of the Disciplinary Committee shall hold office for three years and shall be eligible for reappointment for one further term of office. Section sec_22...

Section 23. Reference of matters to the Disciplinary Committee Section The Board ("the Radiographers Board of Kenya established under;") may refer a matter to the Disciplinary Committee if it has reason to believe that a person registered under this Act has been, either before or after the committee, was registered — (a) convicted of an offence punishable by imprisonment for more than six months, the commission of which in the opinion of the Board ("the Radiographers Board of Kenya established under;") , has dishonoured him in the public estimation; (b) guilty of negligence or professional misconduct in respect of his or her profession; or (c) guilty of impropriety or misconduct in respect of his or her profession.

Section 24. Functions of the Committee Section The functions of the Committee shall be to inquire into any matter referred to it by the Board ("the Radiographers Board of Kenya established under;") under section 23 and to make its recommendations thereon to the Board.

Section 25. Procedure of the Committee Section sec_25(1) Upon an inquiry by the Committee, the Procedure of the radiographer ("a person registered under this Act as such;") subject to the inquiry shall be afforded committee, opportunity to be heard either in person or through an advocate. Section sec_25(2) For the purpose of proceedings at any inquiry by the Committee, the Committee may administer oaths or affirmations and may, subject to any rules made under section 39 , enforce the attendance of persons as witnesses and the production of any books or other documents relevant to the inquiry. Section sec_25(3) The Committee shall, subject to any rules made under this Act, have power to regulate its own procedure in any disciplinary proceedings.

Section 26. Disciplinary measures Section sec_26(1) Where on the recommendations of the Committee the Board ("the Radiographers Board of Kenya established under;") is satisfied that a radiographer ("a person registered under this Act as such;") is in breach of any of the terms or conditions prescribed by the Board ("the Radiographers Board of Kenya established under;") under section 25 , the Board may— (a) impose a fine which the Board ("the Radiographers Board of Kenya established under;") deems appropriate in the circumstances; (b) issue the radiographer ("a person registered under this Act as such;") with a letter of admonishment; (c) suspend the registration certificate of the radiographer ("a person registered under this Act as such;") for a specified period not less than three months but not exceeding twelve months; (d) withdraw or cancel the practicing certificate of the radiographer ("a person registered under this Act as such;") for a period not less than twelve months but not exceeding three years; or (e) remove the name of the radiographer ("a person registered under this Act as such;") from the register ("the register of radiographers maintained under;") . Section sec_2...

Section 27. Lifting of suspension Section sec_27(1) A radiographer ("a person registered under this Act as such;") who has been suspended from practicing may appeal to the Board ("the Radiographers Board of Kenya established under;") for the lifting of the suspension any time before the expiry thereof. Section sec_27(2) Where the Board ("the Radiographers Board of Kenya established under;") is satisfied that the suspension of the radiographer ("a person registered under this Act as such;") should be lifted, the Board ("the Radiographers Board of Kenya established under;") shall, upon the receipt of the prescribed fee, lift the suspension and restore to the radiographer ("a person registered under this Act as such;") , his registration and practicing certificates and his annual license.

Section 28. Restoration of name inregister Section sec_28(1) A radiographer ("a person registered under this Act as such;") whose name has been removed from the register ("the register of radiographers maintained under;") may, after the expiry of a period of three years from the date of such removal, appeal to the Board ("the Radiographers Board of Kenya established under;") for restoration of his name in the register ("the register of radiographers maintained under;") . Section sec_28(2) The Board ("the Radiographers Board of Kenya established under;") may, after considering the appeal made under subsection (1), cause the name of the applicant to be restored in the appropriate register ("the register of radiographers maintained under;") , upon payment of the prescribed fee.

Section 29. Funds of theBoard Section sec_29(1) The funds of the Board ("the Radiographers Board of Kenya established under;") shall comprise of— (a) grants, gifts or donations that the Board ("the Radiographers Board of Kenya established under;") may receive as a result of public and private appeal from local and international donor agencies for the purposes of carrying out its functions; (b) monies appropriated by the National Assembly; (c) such fees, monies or assets as may accrue to or vest in the Board ("the Radiographers Board of Kenya established under;") in the course of the exercise of its powers or the performance of its functions under this Act or under any written law; and (d) all monies from any other lawful source provided for or donated or lent to the Board ("the Radiographers Board of Kenya established under;") . Section sec_29(2) The funds of the Board ("the Radiographers Board of Kenya established under;") referred to in subsection (1) and its balances at the close of each financial year shall not be paid into the Consolidated Fund, but shall be retained by the Board ("the Radiographers Board of Kenya established under;") for the purposes for which the Board ("the...

Section 30. Financial year Section The financial year of the Board ("the Radiographers Board of Kenya established under;") shall be the period Financial year, of twelve months ending on the thirtieth June in each year.

Section 31. Annual estimates Section sec_31(1) At least three months before the commencement of each financial year, the Board ("the Radiographers Board of Kenya established under;") shall cause to be prepared estimates of revenue and expenditure of the Board ("the Radiographers Board of Kenya established under;") for the financial year. Section sec_31(2) The annual estimates shall make provisions for all the estimated expenditure of the Board ("the Radiographers Board of Kenya established under;") for the financial year concerned and in particular shall provide for — (a) the payment of salaries, allowances and other charges in respect of the staff of the Board ("the Radiographers Board of Kenya established under;") ; (b) the payments of allowances and any other emoluments to the members of the Board ("the Radiographers Board of Kenya established under;") ; (c) the payment of pensions, gratuities and other charges in respect of retirement benefits of the staff of the Board ("the Radiographers Board of Kenya established under;") ; (d) the proper maintenance of buildings, other equipment and other property and grounds of the Board ("the Radiographers Board of Kenya established under;...

Section 32. Accounts and audit Section sec_32(1) The Board ("the Radiographers Board of Kenya established under;") shall cause to be kept all proper books and records of accounts relating to the income, expenditure, assets and liabilities of the Board ("the Radiographers Board of Kenya established under;") . Section sec_32(2) Within a period of four months before the end of a financial year, the Board ("the Radiographers Board of Kenya established under;") shall submit to the Auditor-General or to an auditor appointed under this section, the accounts of the Board ("the Radiographers Board of Kenya established under;") together with— (a) a statement of income and expenditure of the Board ("the Radiographers Board of Kenya established under;") during that year; and (b) a balance sheet of the Board ("the Radiographers Board of Kenya established under;") on the last day of that year. Section sec_32(3) The accounts of the Board ("the Radiographers Board of Kenya established under;") shall be audited and reported upon in accordance with the Public Audit Act, No. 34 of 2015 .

Section 33. Investment of funds Section The Board ("the Radiographers Board of Kenya established under;") may invest any funds of the Board ("the Radiographers Board of Kenya established under;") in securities, in which for the time being trustees may by law invest trust funds, or any other securities or banks which Treasury may, from time to time, approve for that purpose.

Section 34. Annual Report Section sec_34(1) The Board ("the Radiographers Board of Kenya established under;") shall, within three months after the Annual report, end of each financial year, prepare and submit to the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to health;") an annual report of the operations of the Board ("the Radiographers Board of Kenya established under;") for the immediate preceding year. Section sec_34(2) The Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to health;") shall, upon receiving the annual report, cause the annual report to be laid before the National Assembly within three months of the National Assembly next sitting.

Section 35. Certificates Section sec_35(1) A certificate under the seal of the Board ("the Radiographers Board of Kenya established under;") to the certificates, effect that a person is or was at any date registered under this Act shall be conclusive evidence of the facts so stated. Section sec_35(2) All certificates under the seal of the Board ("the Radiographers Board of Kenya established under;") shall remain the property of the Board ("the Radiographers Board of Kenya established under;") . Section sec_35(3) A person whose name is removed from the register ("the register of radiographers maintained under;") , or in the case of a deceased person, his or her legal representative, shall, within thirty days of the publication of such removal, surrender the certificate of registration of that person to the Board ("the Radiographers Board of Kenya established under;") . Section sec_35(4) A person who— (a) destroys or defaces a certificate of registration; (b) without reasonable excuse, is in possession of a certificate of registration not issued to him or her; or (c) fails to surrender a certificate of registration under subsection (3), commits an offence and shall, on conviction, be...

Section 36. Offences by partnerships or bodies corporate Section sec_36(1) Any act or omission which is an offence under this Act or any rules made hereunder shall, if done by a body corporate, be deemed to be an offence committed by every director, secretary or manager of the body corporate unless proved that the offence was committed without consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of hi s or her functions and the circumstance of the case. Section sec_36(2) If an offence under this Act or any rule made hereunder is committed by a partner in a firm, every person who, at the time of the commission of the offence, was a partner in that firm, or was purporting to act in that office shall be deemed to have committed the offence unless there is proof that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions and the circumstances of the case.

Section 37. Offences relating to registration Section sec_37(1) No person shall practice as a radiographer ("a person registered under this Act as such;") in any institution or in any other place in Kenya unless that person is registered under this Act. Section sec_37(2) A person who contravenes the provisions of subsection (1) commits an offence and shall, on conviction, be liable to a fine not more than five hundred thousand shillings, or to imprisonment for a term not less than twelve months, or to both. Section sec_37(3) No person shall, while in charge of any institution or any other health organization in Kenya, allow a person who is not registered under this Act to practice as a radiographer ("a person registered under this Act as such;") in the institution. Section sec_37(4) A person who contravenes the provisions of subsection (3) commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand shillings or a term of not less than two years, or to both. Section sec_37(5) Any person who, in an application for registration, wilfully makes a false or misleading statement or presents a false certificate, commits an offence and shall, on conv...

Section 38. General penalty Section A person convicted of an offence under this Act General penalty, for which no penalty is provided shall, on conviction, be liable to a fine not exceeding thirty thousand shillings or to imprisonment for a term not exceeding three months, or to both.

Section 39. Rules Section sec_39(1) The Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to health;") shall make rules, in consultation with the Board ("the Radiographers Board of Kenya established under;") , generally for the better carrying into effect of any of the provisions under this Act. Section sec_39(2) Without prejudice to the foregoing, rules made under this section may provide for — (a) anything required to be prescribed under this Act; (b) the form and method of keeping the registers and other records under this Act; (c) the forms and fees for the purposes of this Act; (d) the form and method of conducting inspection, assessment, evaluation, examination or regulations required under this Act; (e) the terms and conditions of the practice of a radiographer ("a person registered under this Act as such;") engaged in private practice, the services to be rendered by a radiographer ("a person registered under this Act as such;") in private practice, and the employment of radiographer ("a person registered under this Act as such;") in private institutions; (f) any other matter that may be related to radiography ("the use of radiant...