Valuers Act

Section 1. Short title Section This Act may be cited as the Valuers Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Board" means the Valuers Registration Board established by section 3 ; "practising valuer" means a person who carries out and prepares valuations in respect of any type of movable or immovable property; "register" means the register kept under section 6 ; "registered valuer" means a person whose name is for the time being entered on the register; "registrar" means the registrar of the Board appointed under section 5 .

Section 3. Establishment of the Board Section 3(1) There is hereby established a Board, to be known as the Valuers Registration Board, which shall have the responsibility of regulating the activities and conduct of registered valuers 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) in its corporate name be capable of suing and being sued; 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 have effect in relation to the Board.

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 responsibilities and functions of, or exercising the powers conferred upon, the Board.

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 valuers Section 6(1)(a) the date of the entry in the register; Section 6(1)(b) the address of the person registered; Section 6(1)(c) the qualifications of the person; 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 registered under subsection (1) shall be entered on 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 to him a certificate of registration in the prescribed form and 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, 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 that notice shall be guilty of an offence and liable to a fine not exceeding five thousand shillings. Section 7(4) A certificate of registration issued by the registrar shall be valid and shall remain in force for one year, but shall be renewable on the payment of the prescribed fee; and if the prescribed fee has been paid before the renewal date and there is no order for the name of the holder of the certificate to be removed from the register, the certificate shall remain in force until it is again due for renewal. Section 7(5) In...

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 valuer 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 list containing the names, addresses and qualifications of all registered valuers then appearing on the register.

Section 9. Publicationprima facieevidence of registration Section Publication under section 8 shall be prima facie evidence that the persons named therein are registered valuers and the deletion from the register of the name of any person notified by the publication, or the absence of the name of any person from the publication, 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 relating to an entry in the register and may obtain from the registrar a copy of or an extract from the register or of or from 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 of or from any document kept or published by the registrar, 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 8A.[Deleted by ActNo. 9 of 2000, s. 119.]

Section 8B. Licensing of dual occupations Section 8B(1) Where any person to whom section 8A applies carries on more than one professional occupation at the same time such person shall elect in writing which of such occupations shall be deemed to be his primary occupation. Section 8B(2) A person to whom subsection (1) applies shall only be required to obtain an annual licence in respect of his primary occupation to the intent that no such person shall obtain more than one annual licence in any one year. [Act No. 7 of 1990 , Sch.]

Section 12. Conditions and qualifications for registration Section 12(1)(a) a full member of the Institution of Surveyors of Kenya (Chapter of Valuation and Estate Management Surveyors); or Section 12(1)(b) a corporate member of the Royal Institution of Chartered Surveyors (in the General Practice or Land Agency or Agriculture Sections) and he is qualified to be or is a full member of the Institution of Surveyors of Kenya (Chapter of Valuation and Estate Management Surveyors); or Section 12(1)(c) the holder of a degree or diploma from any university or college which is recognised for the time being by the Board and qualifies him to be a full member of the Institution of Surveyors of Kenya (Chapter of Valuation and Estate Management Surveyors). Section 12(2) Notwithstanding the fact that he has sufficient qualifications under subsection (1), the Board may require an applicant for registration under this Act as a valuer to satisfy it of the fact 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 of an applicant until...

Section 13. Acceptance for registration Section 13(1) Upon application being made to the Board in the prescribed form by a person claiming to be qualified under section 12 and upon payment of the prescribed fee the Board shall consider the application and if it is satisfied that the person is so qualified it shall accept that person for registration and shall direct the registrar to enter the name of the person on the register. Section 13(2) The consideration of an application under this section shall be undertaken 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 present in Kenya and engage in practice as a valuer for the specific work for which he has been engaged, Section 14(2) An application for registration under this section shall be in the prescribed form and be accompanied by the prescribed fee; and the Board shall require the applicant to produce documentary evidence of his work or employment immediately prior to his coming to Kenya and may require him to appear before it for the purpose of considering his application.

Section 15. Removal of name 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 contrary to the public interest or misconduct as is described in section 24 ; 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) the removal of a person’s name...

Section 16. Restoration of name on register Section 16(1) Where the name of any person has been removed from the register under section 15 or section 17 (c) the name of that person shall not again be entered on the register except on the direction of the Board. Section 16(2)(a) the removal from the register be confirmed; or Section 16(2)(b) the name of that person be restored on the register; or Section 16(2)(c) the suspension of the registration of that person be terminated. Section 16(3) A direction given by the Board under subsection (2) may include provision for the date upon which restoration on 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 prescribe.

Section 17. Power to suspend registration, etc. Section caution or censure the registered valuer; or

Section 18. Procedure at inquiry Section 18(1) Upon an inquiry being held by the Board under this Act, the registered valuer in respect of whom an inquiry is held may appear at the hearing in person or by an advocate. 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, of the Board 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 rules 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 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 an...

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

Section 20. Effect of registration Section Every person whose name has been entered on the register shall, so long as his name remains on the register, be entitled to adopt and use the title "Registered Valuer" and such contraction thereof as the Board may approve.

Section 21. Unregistered persons not to practice as valuers Section 21(1)(a) no individual shall carry on business as a practising valuer unless he is a registered valuer; Section 21(1)(b) no partnership shall carry on business as practising valuers unless all the partners whose activities include the doing of acts by way of such practice are registered valuers; Section 21(1)(c) no body corporate shall carry on business as valuers unless the directors thereof whose duties include the preparation of valuations in respect of any type of movable or immovable property are registered valuers. Section 21(2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding twelve months or to both.

Section 22. Indemnity requirements Section 22(1) After the expiration of six months from the commencement of this Act, no person shall carry on business as a practising valuer unless there is in force in relation to his business a guarantee bond or a policy of insurance entered into or issued by an insurance company approved by the Board, so expressed as to guarantee that compensation shall be payable to persons suffering monetary loss through the professional negligence of the persons so practising. Section 22(2)(a) in the case of a business carried on by an individual registered valuer, a sum of two hundred thousand shillings; Section 22(2)(b) in the case of a business carried on by two or more individuals, the sum specified in paragraph (a) multiplied by the number of registered valuers; and Section 22(2)(c) in the case of a business carried on by a body corporate the sum specified in paragraph (a) multiplied by the number of directors whose acts include the doing of acts of practice as registered valuers. Section 22(3) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to imprisonment for a term n...

Section 23. Carrying on practice for purposes of winding-up, etc. Section Notwithstanding any other provisions of this Act, where any person ceases to carry on business as a practising valuer by reason of his death or insolvency, or by reason of having been adjudicated as being of unsound mind, the practice may be carried on for the purposes of winding up or being disposed of by a registered valuer appointed in that behalf by the person for the time being authorized by law to deal with the property of such person for a period not exceeding twelve months from the date of the death or commencement of the disability.

Section 24. 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 25. Rules Section prescribe anything which under this Act may be prescribed;

Section 26. Finance Section make to the Board such grants as may be necessary to enable it to discharge its functions under this Act;