Supplies Practitioners Management Act

Section 1. Citation Section This Act may be cited as the Supplies Practitioners Management Act.

Section 2. Interpretation Section In this Act unless the context otherwise requires - "approved training institution" means such institution within or outside Kenya as may be approved by the Institute by notice; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to finance; "Council" means the Council constituted under section 4 of this Act; "Disciplinary Committee" means the disciplinary committee established under section 22 of the Act; "Institute" means the Kenya Institute of Supplies Management established under section 3 of this Act; "member of the Institute" means a member of the Institute registered under section 16 of the Act; "supplies practitioner" means a person registered as a supplies practitioner under section 16 . [Act No. 6 of 2009 , Sch.]

Section 3. Establishment of the Institute Section 3(1) There is hereby established an Institute to be known as the Kenya Institute of Supplies Management. Section 3(2)(a) suing and being sued; Section 3(2)(b) purchasing, acquiring, holding or disposing of property; Section 3(2)(c) doing or performing all such other acts necessary for the proper performance of its functions under the Act.

Section 4. Composition of Council Section 4(1)(a) a Chairperson, who shall be a member of the Institute with at least five years experience, elected by the members of the Institute; Section 4(1)(b) the Principal Secretary in the Ministry responsible for Finance; Section 4(1)(c) the Director-General of the Public Procurement Regulatory Authority; and Section 4(1)(d) six other members elected by members of the Institute. Section 4(1A) The Chairperson and the members of the Council referred to in paragraph (d) shall be elected by the members of the Institute specified in section 3A(2)(a) and (b) and in the manner prescribed by regulations. Section 4(2) The Chairperson and every member appointed under subsection (1)(d) shall hold office for a term of three years and shall be eligible for re-election for one further term of three years. Section 4(3) All appointments under this section shall be notified in the Kenya Gazette . [Act No. 6 of 2009 , Sch.]

Section 5. Functions of the Institute Section establish, monitor, improve and publish the standards of the supplies practitioners profession and safeguard the interest of all supplies practitioners;

Section 6. Conduct of business and affairs of the Council Section The conduct and regulation of the business and affairs of the Council shall be as provided in the First Schedule to this Act.

Section 7. Delegation of the powers of the Institute Section Subject to this Act, the Institute may either generally or in any particular case, delegate to any committee of the Council or to any member, officer, employee or agent of the Institute, the exercise of any of the powers of the Institute under this Act.

Section 8. Remuneration of Council members Section The Institute shall pay to its Council members such remuneration, or allowances for expenses as the Cabinet Secretary may approve. [Act No. 6 of 2009 , Sch.]

Section 9. The Chief Executive Officer Section 9(1) There shall be a Chief Executive Officer 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. Section 9(2) The Chief Executive Officer shall, subject to the directions of the Council, be responsible for the management of the affairs of the Institute and shall be the Secretary to the Council.

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 matter or thing done by a member of the Council or by any officer, employee or agent of the Institute shall, if the matter or thing 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 whatsoever.

Section 3A. Membership of the Institute Section 3A(1) A person who is registered under this Act shall be a member of the Institute. Section 3A(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 Kenya Institute of Supplies Management"; (designatory letters F.K.I.S.M); Section 3A(2)(b) members, comprising those members of the Institute who are registered under section 16 , each of whom shall be titled "Member of the Kenya Institute of Supplies Management." (designatory letters M.K.I.S.M); Section 3A(2)(c) associate members, comprising persons eligible to be registered under section 16 but who do not meet all the requirements prescribed under subsection (1) of that section. Section 3A(3) Where the Council considers that a member of the Institute has rendered outstanding services to the supplies profession, the Council may invite the member to become a Fellow. Section 3A(4) Members of the Institute shall pay such fees and subscriptions as the Council may determine. [Act No. 6 of 2009 , Sch.]

Section 3B. Honorary Fellows Section 3B(1) Where the Council considers that a person, not being a member of the Institute, has rendered exceptional services to the Institute or the procurement and supplies management profession, the Council may invite the person to become an Honorary Fellow of the Institute. Section 3B(2) An Honorary Fellow shall not be a member of the Institute. [Act No. 6 of 2009 , Sch.]

Section 12. Examination committee Section 12(1) There is hereby established a Board to be known as the Kenya Institute of Supplies Examination Board, which shall be a body corporate. Section 12(1A)(a) suing and being sued; Section 12(1A)(b) purchasing, acquiring, holding or disposing of property; Section 12(1A)(c) doing or performing all such other acts necessary for the proper performance of its functions under this Act. Section 12(2)(a) five persons who shall be qualified supplies practitioners, nominated by the Council, one of whom shall be appointed by the Council from amongst the members of the Institute as Chairperson of the Examinations Board; Section 12(2)(b) 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)(c) one person nominated by the Commission for Higher Education; Section 12(2)(d) one person nominated by the Director-General of the Public Procurement Regulatory Authority; Section 12(2)(e) one person nominated by the local universities; and Section 12(2)(f) one person nominated by the Kenya Private Sector Alliance....

Section 13. Functions of the examinations Board Section prescribe and regulate syllabuses of instruction for professional supplies certification for persons seeking registration under the Act;

Section 14. Secretary Section 14(1) There shall be a secretary who shall be an officer of the Examinations Board. Section 14(2) The secretary shall be responsible for the day to day affairs of the Examination Board and shall exercise and perform any such functions as the Board may from time to time determine.

Section 15. Registration committee Section 15(1) There is hereby established the Registration Committee. Section 15(2)(a) a Chairperson who shall be appointed by the Council from amongst members of the Council; Section 15(2)(b) two persons who shall be qualified supplies practitioners appointed by the Council from amongst the members of the Institute; Section 15(2)(c) one person nominated by the Federation of Kenya Employers; Section 15(2)(d) the Attorney-General or his representative nominated by him in writing; Section 15(2)(e) one person nominated by the Kenya National Examination Council; Section 15(2)(f) one person nominated by the Director-General of the Public Procurement Regulatory Authority; Section 15(2)(g) the Registrar, appointed by the Cabinet Secretary on the recommendation of the Council. Section 15(3)(a) receive applications for registration; Section 15(3)(b) approve applications for registration and grant of practising certificates and licenses in accordance with the provision of this Act; Section 15(3)(c) monitor compliance with professional, quality assurance and other standards published by the Council for observance by the members of the Institute; Section 15(3...

Section 16. Persons entitled to be registered Section 16(1)(a) he 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 16(1)(b) 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 qualification by examination required under the Act. Section 16(2) A person engaged in supplies practice immediately before the enactment of this Act shall be eligible to be registered if he is, in the opinion of the Council, of good conduct, has met such professional qualifications as shall be prescribed by the Council and has paid the prescribed registration fee. Section 16(3) Notwithstanding subsections (1) and (2) the Registration Committee may require a person making application for registration to satisfy the Registration Committee (in such manner as it directs) that his knowledge of local law relating to supplies practice is and that...

Section 17. Registration of supplies practitioners Section A person eligible to be registered as a supplies practitioner shall apply in the prescribed form to the committee for registration, and the application shall be accompanied by the prescribed fee.

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. Correction of register Section 19(1) The Registrar shall cause to be kept a register of the members of the Institute. Section 19(1A) The Institute may on the recommendation of the Registrar, make necessary alterations and corrections in the register in relation to any entry therein. Section 19(2)(a) the names of a deceased person; Section 19(2)(b) the name of a person convicted of an offence under the Act; Section 19(2)(c) the name of a person whose name the Council has under section 23 directed to be struck of the register; or Section 19(2)(d) an entry which has been incorrectly or fraudulently made in the register. Section 19(3) The Institute may with the consent of the person concerned, remove from the register the name of a person who has ceased to be a supplies practitioner. [Act No. 6 of 2009 , Sch.]

Section 20. Licensing Section 20(1) After the expiry of twelve months from the commencement of this Act, no person shall engage in the business of a supplies practitioner unless he has been duly issued with a registration certificate and a practising license by the Institute in accordance with this Act. Section 20(2) Where the holder of a registration certificate intends to practice as a firm whether as a sole practitioner or in partnership or as a body corporate he shall apply to the Registration Committee for a supplies practitioner's license in the prescribed form. Section 20(3)(a) he holds a valid Registration certificate; Section 20(3)(b) he meets other requirements as may be prescribed by the Council. Section 20(4) A supplies practitioner's license shall be in the prescribed form and shall be issued upon the payment of the prescribed fee. Section 20(5) A supplies practitioner's license may be issued subject to such terms and conditions as the Institute may prescribe. Section 20(6) Any person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings, or imprisonment for a period not exceeding three year...

Section 21. Validity of license Section 21(1) A license granted under this Act shall be valid for one year. Section 21(2) On expiry, a license may be renewed for such further period, not exceeding one year. Section 21(3) Where a license expires and is not renewed, the name of the holder of the license shall be removed from the appropriate record.

Section 22. Disciplinary Committee Section 22(1)(a) the Chairperson shall be appointed by the Council from amongst members of the Council; Section 22(1)(b) three persons shall be nominated by the Council from among members of the Institute; Section 22(1)(c) one member shall be nominated by the Director-General of Public Procurement Regulatory Authority; Section 22(1)(d) one member shall be nominated by the Attorney-General; Section 22(1)(e) one Advocate shall be nominated by the Law Society of Kenya; Section 22(1)(f) one engineer nominated by the Institute of Engineers of Kenya; Section 22(1)(g) one accountant nominated by the Institute of Certified Public Accountants of Kenya. Section 22(2) The Chief Executive officer of the Institute shall be the secretary of the Disciplinary Committee and shall not have voting power. Section 22(3) Subject to this Act the Disciplinary Committee shall regulate its own procedures. Section 22(4) The Disciplinary Committee shall receive and investigate complaints against supplies practitioners in accordance with the rules and regulations under this Act.

Section 23. Disciplinary powers of the committee Section 23(1)(a) has been convicted of an offence punishable with imprisonment, the commission of which in the estimation of the Institute dishonors or scandalizes the calling of a supplies practitioner; or Section 23(1)(b) has been convicted of an offence under Public Procurement and Asset Disposal Act (Cap. 412C), the Anti-Corruption and Economic Crimes Act (Cap. 65) or any other existing law; Section 23(1)(c) has been guilty of gross negligence or malpractice in respect of his calling; or Section 23(1)(d) willfully fails to follow professional procurement and supplies management standards and ethical guidelines; Section 23(1)(d)(i) willfully fails to follow professional procurement and supplies management standards and ethical guidelines; Section 23(1)(d)(ii) misappropriates funds or any property entrusted to the member; Section 23(1)(d)(iii) knowingly procures goods, works or services at inflated prices; Section 23(1)(d)(iv) deliberately fails to keep proper records of all transactions undertaken in the course of duties; Section 23(1)(d)(v) discloses information acquired in the course of duty of any other person without the conse...

Section 24. 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;

Section 25. Investment of funds Section The Institute may invest any of its surplus funds in such a manner and in such institution as the Council may determine.

Section 26. Financial year Section The financial year of the Institute shall be the period of twelve months ending on the thirty-first of December in each year.

Section 27. Annual estimates Section the payment of salaries, allowances and other charges in respect of the staff of the Institute;

Section 28. Accounts and audit Section 28(1) The annual estimates shall be approved by the Institute before the commencement of the financial year to which they relate: Provided that once approved, the sum provided in the estimates shall not be increased without the prior consent of the Institute. Section 28(2) The Institute shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the Institute. Section 28(3)(a) a statement of the income and expenditure of the Institute on the last day of that year; and Section 28(3)(b) a statement of the assets and liabilities of the Institute on the last day of that year. Section 28(4) The accounts of the Institute shall be audited by an auditor duly appointed at the Institute's annual general meeting.

Section 29. Offences by Persons not eligible to be registered or licensed Section 29(1) Any person who not being eligible to be registered 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 29(2) Any person who, not being eligible to be registered or licensed under this Act, practises for gain as a supplies practitioner, 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 30. 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 and practises as a supplies practitioner 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 31. Offences by persons conducting training courses or examinations without authority Section 31(1)(a) admits to the institution under his charge any person for the purpose of training in supplies; Section 31(1)(b) purports to be conducting courses of training or examination under this Act or regulations made there under; Section 31(1)(c) issues any document, statement, certificate or seal implying that the holder thereof has undergone a course of instruction or has passed an examination prescribed by the Institute; and Section 31(1)(d) issues any document, statement or seal implying that the institution under his charge is approved by the Institute as an institution for training of persons seeking registration under this Act,

Section 32. Employment of unregistered staff Section 32(1) Any employer who employs an unregistered or unlicensed person as a supplies practitioner shall be guilty of an offence and is liable upon conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding three years or to both. Section 32(2) Where the employer provided in subsection (1) is a body corporate, the Chief Executive Officer of that corporation shall be guilty of an offence and shall be liable to the penalties provided in subsection (1).

Section 33. 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 procures or attempts to procure himself or any other person to be registered or licensed under this Act by making or producing or causing to be made or produced any 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 34. Validity of proceedings Section The Council, the Registration Committee, the Disciplinary Committee and the Examinations Board may exercise and perform their functions notwithstanding any vacancy among the members and the validity of any proceedings of the Council or the Registration Committee, or the Disciplinary Committee or the Examinations Board shall not be affected by any such vacancy or any defect in the appointment of a member.

Section 35. Gender balance Section In nominating any of the persons under this Act the nominating bodies shall have regard to gender balance.

Section 36. Regulations Section the form and method of keeping the registers and records under this Act;

Section 37. 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;