THE PUBLIC RELATIONS PRACTITIONERS ACT ARRANGEMENTS OF SECTIONS. Section. 1. Short Title 2. Interpretation

Transcription

1 THE PUBLIC RELATIONS PRACTITIONERS ACT ARRANGEMENTS OF SECTIONS Section PART I PRELIMINARY 1. Short Title 2. Interpretation PART II ESTABLISHMENT OF VARIOUS BODIES A PUBLIC RELATIONS SOCIETY OF KENYA 3. Establishment of the Society 4. Functions of the Society 5. General Powers of the Society 6. Membership of the Society 7. Membership Fees 8. President of the Society B COUNCIL OF THE SOCIETY 9. The Council 10. Constitution of the Council 11. Secretary to the Council 12. Public Relations Practitioners Registration Committee 13. Functions of the Public Relations Practitioners Registration Committee C CERTIFIED PUBLIC RELATIONS PRACTIONERS EXAMINATION BOARD 14. The Examination Board 15. Membership of the Examinations Board 16. Secretary to the Examinations Board 17. Functions of the Examinations Board PARTIII PRACTICISNG CERTIFICATE AND REGISGTRATION OF ACCREDITED PUBLIC RELATIONS PRACTITIONERS 18. Practicing certificate 19. Practicing as an Accredited Public Relations Practitioner

2 20. Application for Practicing Certificate 21. Issue of Practicing Certificate 22. Duration of Practicing Certificate 23. Annual License 24. Licensing of Dual Occupations 25. Qualification 26. Disqualifications 27. Registration 28. Cancellation of Registration PART IV DISCIPLINARY PROVISIONS 29. Professional misconduct 30. The Disciplinary Committee 31. Inquiry by Disciplinary Committee 32. Recommendations after Inquiry 33. Determination by the Registration Board 34. Appeal 35. Rules 36. Staff and Protection of Society, etc from Liability 37. Terms and Conditions of Employment of Staff 38. Moneys payable to the Society and the Registration Board 39. Accounts and Audit 40. Offences 41. Vacancy in membership 42. Regulations 43. PART V GENERAL PROVISIONS

3 The Public Relations Practitioners Act An Act of Parliament to make provision for the establishment, powers and functions of the Public Relations Society of Kenya and Certified Public Relations Practitioners Board; to provide for the examination of Public Relations Practitioners and for the registration of Public Relations Practitioners, and for connected purposes. Part 1 Preliminary Short Title 1. This Act may be cited as the Public Relations Practitioners Act, 2016 Interpretation 2. (1) In this Act, unless the context otherwise requires; Accredited Public Relations Practitioner means a person registered as an Accredited Public Relations Practitioners under Section 20. President of the Society means the President of the Society and includes a person appointed under paragraph 2 of the First Schedule to act as President. Public Relations Officer means a certified public relations practitioner Council means the Council of the Society established by section 9. Disciplinary Committee means the committee established under section 30. Board means the Certified Public Relations Practitioners Board established under Section 14 Society means the Public Relations Society of Kenya established by section 3. Practicing certificate means a practicing certificate issued by the Certified Public Relations Practitioners Board pursuant to section 18. Register means the register kept pursuant to section 27. Registration Committee means the Registration of Accredited Public Relations Practitioners Board established by section 12. (2) For the purpose of this Act; a) A person is registered if his name is recorded in the register pursuant to section 27(1)(a)

4 b) A person is not registered if his registration is cancelled and particulars of the cancellations are recorded in the register pursuant to section 27(1)(c) c) A person is registered if the fact of the restoration of his registration is recorded in the register pursuant to section 27(1)(d) PART II ESTABLISHMENT OF VARIOUS BODIES A PUBLIC RELATIONS SOCIETY OF KENYA Establishment of the Society 3. (1) There shall be established a Society to be known as the Public Relations Society of Kenya. (2) The Societya. Shall be a body corporate; b. Shall have a common seal, which shall be kept in such manner as the Executive Committee directs; c. May acquire, hold and dispose of property; and d. May sue and be sued in its corporate name (3) All courts, judges and other persons acting judicially shall take judicial notice of the seal of the Society affixed to a document and shall presume that it was duly affixed. (4) The First schedule shall have effect with respect to the Society. Functions of the Society 4. The functions of the Society shall bea) To establish and promote a high standard of professional ethics and learning in Public Relations and Communication Management. b) To educate and inform the public as to the purpose and practice of Public Relations and Communication management. c) To promote research, publication and education in the area of public relations and communication. d) To be the institution charged with accreditation of Public Relations and Communication Practitioners and to establish a professional qualification framework. e) To engage in advocacy in the area of public relations and communication. f) To advice on matters of national interest related to public relations and communication for both the public and private sector. g) To lobby for the enactment of relevant laws for the promotion of Public Relations and Communication as a profession. h) To be the internationally recognized institution in matters of public relations and communication. i) To resolve any disputes between members of the society or between a member and their employer.

5 j) To nurture and mentor young professionals in the field in public relations and communication. k) To contribute to the improvement of professionalism through education and training in Public Relations and Communication management l) To affiliate or co-operate with or subscribe to any association, society or corporation in any part of the world whose objects are in general respects similar to the objects of this society. m) To apply petition for or promote any Act of Parliament or of any other authority with a view to the attainment of the above objects or any of them. General Powers of Society 5. The Society shall have the powers to do all things necessary for the proper and effective achievement of its objects and the performance of its functions. Membership of the Society 6. (1) Each person who is registered is a member of the Society (2) The members of the Society shall be divided into the following six categoriesa. Fellows (comprising those persons who became Fellows pursuant to subsection 3 of this section) each of who shall be titled Fellow of the Public Relations Society of Kenya (designatory letter FPRSK) b. Full Members (comprising those who became members of the society pursuant to section 21 of this Act) each of whom shall be titled Member of the Public Relations Society (designatory letter MPRSK) c. Associate Members (comprising those persons who became associates pursuant to section 21 of this Act) each of whom shall be titled Associate Member Public Relations Society of Kenya (designatory letter AMPRSK) d. Such other class as the Council may establish. (3) Where the Council considers that a member of the Society has fulfilled such requirements, if any, for admission into Fellowship as the Cuncil may prescribe, the Council may invite such member to become a Fellow of the Society. (4) Associate members shall be entitled to such rights of membership as the Minister may, in consultation with the Council, by notice in the Gazette prescribe. Membership Fees 7. The members of the Society as specified in section 6(2) shall pay such fees and subscriptions as the Council may from time to time determine. President of the Society 8. There shall be a President of the Society who shall be elected in the manner provided in paragraph 1 of the First Schedule.

6 B COUNCIL OF THE SOCIETY The Council 9. (1) The Society shall be governed by a committee to be known as the Council of the Society. (2) Subject to this Act, all acts and things done in the name of, or on behalf of, the Society by the Council or with the authority of the Council shall be deemed to have been done by the Society. (3) The Second Schedule shall have effect with respect to the Council. Constitution of the Council 10. 1) The Council shall consist ofa) The Chairman b) All the office bearers of the Society and not more than 5 other full members elected at the annual general meeting to be in office for two years and are eligible for reappointment for a similar term c) One member appointed pursuant to subsection (2) 2) The Minister may appoint one member of the Executive Committee Secretary to the Council 11. (1) There shall be a Secretary to the Council who shall be elected by the Society. (2) The Secretary to the Council shall hold and vacate the office of the Secretary in accordance with the terms of the instrument of his appointment to that office. (3) In addition to the functions, which he is required to exercise and perform by or under this Act, the Secretary to the Council shall exercise and perform such functions as the Council may from time to time determine. Public Relations Practitioners Registration Committee 12. (1) There shall be a board to be known as the Certified Public Relations Registration Committee consisting of seven members appointed by the Cabinet Secretary a) Three shall be nominated by the Council b) One shall be nominated by the Examination Board c) One shall be nominated by the Cabinet Secretary responsible for Information d) One shall be the Secretary to the Commission for Higher Education or a person nominated by him/her e) One shall be the Director of Personnel Management or a person nominated by him/her (2) The members of the Registration Committee appointed pursuant to subsection 1(a) and (b) shall be nominated from amongst the members of the Society.

7 Functions of the Public Relations Practitioners Registration Committee 13. (1) The functions of the Registration Committee shall be to (a) receive, consider and approve applications for registration as a public relations practitioner and grant of practising certificates and annual licences in accordance with the provisions of this Act; (b) monitor compliance with professional, quality assurance and other standards published by the Council for observance by the members of the Society; (c) prescribe regulations to govern quality assurance programmes, including actions necessary to rectify deviations from published standards; (d) where appropriate and based on the results of a quality assurance review, recommend to the Council that a member s conduct be referred for inquiry under section 32; (e) advise the Council on matters pertaining to professional and other standards necessary for the achievement of quality assurance; and (f) perform any other functions incidental to the fulfilment of its objectives under this Act. (2) In the performance of its functions under this section, the Registration Committee may undertake such investigations as it deems appropriate, and may requisition evidence, examine records and documents prepared or held by, or likely to be availed to, the member under investigation. (4) Where the Registration Committee makes a recommendation under subsection (2)(d) the Council shall refer the matter for inquiry under section 31. (5) The Disciplinary Committee shall consider as evidence the results of the investigation undertaken by the Registration Committee in an inquiry referred to it under subsection (4). (6) The Council shall provide the Registration Committee with such facilities and resources as are necessary to enable it to competently discharge its functions. (7) In the exercise of its functions under this Act, the Registration Committee shall regulate its own procedure and shall not work under the direction of any person or persons. (8) The Secretary to the Council shall serve as the Secretary to the Registration Committee, and may, with the consent of the person presiding at a meeting, take part in the deliberations on any matter arising at the meeting, but shall not be entitled to vote on any such matter. (9) The provisions of the Third Schedule shall have effect with respect to the Registration Committee. C CERTIFIED PUBLIC RELATIONS PRACTITIONERS EXAMINATION BOARD The Examinations Board 14. (1) There is established a board to be known as the Public Relations Practitioners Examinations Board. (2) The Examinations Board (a) shall be a body corporate; (b) shall have a common seal which shall be kept in such manner as the (c) Examinations Board directs;

8 (d) may with the prior approval of the Minister, borrow, lend or otherwise raise money in such usual manner, including by way of executing securities and guarantees, as it may from time to time determine; (e) may acquire, hold, develop and dispose of property, whether movable or immovable, in the normal course of business; (f) may acquire, hold and dispose of investments in other enterprises subject to approval by the Minister; and (g) may sue and be sued in its corporate name. (3) All courts, judges and other persons acting judicially shall take judicial notice of the seal of the Examinations Board affixed to a document and shall presume that it was duly affixed. (4) The provisions of the Fourth Schedule shall have effect with respect to the Examinations Board. Membership of the Examinations Board 15. (1) The Examinations Board shall consist of eleven members appointed by the Cabinet Secretary, of whom (a) one shall be nominated by the Cabinet Secretary for the time being responsible for Information; (b) one shall be nominated by the Cabinet Secretary for the time being responsible for Public Relations Training; (c) one shall be nominated by the Federation of Kenya Employers; (d) one shall be the Director of Personnel Management or a person nominated by him; (e) one shall be nominated by the Director of Kenya Institute of Curriculum Development; (f) two shall be nominated by the Council of the Public Relations Society; and (g) two shall be nominated by the Board, being persons who have an interest in and have made a significant contribution in the development of education in Public Relations, Communication and related areas. (2) In nominating a person for appointment pursuant to subsection (1)(a), the Cabinet Secretary shall have regard to the need to appoint a person who has the responsibility of guiding and advising on the policy relating to Public Relations in Government. (3) In nominating a person for appointment under subsection (1)(b), the Cabinet Secretary concerned shall have regard to the need to appoint a person who has responsibility for overseeing and is in charge of Public Relations Training matters in the Government. (4) The person nominated under subsection (1)(c) shall be a person engaged in industry or commerce. Commented [UP1]: Need to agree on the membership here Secretary to the Examinations Board 16. (1) There shall be a Secretary to the Examinations Board who shall be appointed by the Minister on the recommendation of the Board. (2) The Secretary to the Examinations Board shall hold and vacate the office of Secretary in accordance, with the terms specified in the instrument of his appointment to that office. (3) The Secretary to the Examinations Board may attend meetings of the

9 Examinations Board and may, with the consent of the person presiding at a meeting, take part in the deliberations on any matter arising at the meeting, but shall not be entitled to vote on any such matter. (4) In addition to the functions which he is required to exercise and perform under this Act, the Secretary to the Examinations Board shall exercise and perform such other functions as the Examinations Board may, from time to time, determine. Functions of the Examinations Board 17. (1) The functions of the Examinations Board shall be to (a) prepare syllabuses for professionals and technicians examinations in Public Relations and Communication and related disciplines; (b) make rules with respect to such examinations; (c) arrange and conduct examinations and issue certificates to candidates who have satisfied examination requirements; (d) promote recognition of its examinations in foreign countries; (e) investigate and determine cases involving indiscipline by students registered with the Examinations Board; (f) promote and carry out research relating to its examinations; (g) promote the publication of books and other materials relevant to its examinations; (h) liaise with the Ministry of Education in accreditation of institutions offering training in subjects examinable by the Board; and (i) do anything incidental or conducive to the performance of any of the preceding functions. (2) The Examinations Board shall consult with the Council, and with the Kenya Institute of Curriculum Development and any other appropriate stakeholder, as often as it considers it necessary to do so for the purpose of exercising and performing its functions. (3) The Examinations Board may consult such other parties as it considers appropriate in facilitating the performance of its functions. (4) The Examinations Board may establish such committees (including examinations committees) as it considers necessary for the purpose of exercising and performing its functions and, subject to subsections (5) and (6), may determine the membership and procedure of any such committee. (5) The majority of the members of any examinations committee established under subsection (4) for the purpose of conducting Public Relations Practitioners examinations shall be members of the Society. (6) The chairman of any committee established under subsection (4) shall be a member of the Examinations Board and shall be appointed by that Board. PART II PRACTISING CERTIFICATES AND REGISTRATION OF ACCREDITED PUBLIC RELATIONS PRACTITIONERS Practicing Certificates 18. (1) After the expiration of twelve months or such longer period as the Cabinet Secretary may declare by Notice in the Gazette after the commencement of this Act, no person shall practice as an Accredited Public Relations Practitioner unless he/she is the holder of a practicing certificate that is in force

10 (2) Any person who contravenes sub section (1) shall be guilty of an offence and liable on conviction to a fine not exceeding KSh.6,000 or to imprisonment for a period not exceeding one year or to both Practicing as a certified Public Relations Practitioner 19. (1) Subject to this section a person practices as a certified public relations practitioner for the purpose of this Act if in consideration of remuneration or other benefits received or to be received and whether by him/her or in partnership with any other person- a) He/She engages in the public practice of public relations or performs the statutory duties of an accredited public relations practitioner or holds him/herself out to the public as a person entitled to do so b) He/she engages in any practice or performs or offers to perform any services, which may be prescribed. (2) A salaried employee of the government, a local authority or any other person does not practice as an accredited public relations practitioner by reason only of doing, in his/her capacity as such employee, any of the acts referred to in sub section (1) Application for Practicing Certificate 20. (1) A person wishing to obtain a practicing certificate shall apply to the Registration Committee (2) An application for a practicing certificate shall be in the prescribed form and shall be accompanied by the prescribed fee Issue of Practicing Certificate 21 (1) Where a person in accordance with section 19 makes an application, the Registration Committee shall issue to him/her a practicing certificate if it is satisfied thata) He/she is registered; b) He/she has received from an accredited public relations practitioner who is the holder of a practicing certificate instructions of such a nature and for such period as may be prescribed; and c) He/she meets such other requirements as may be prescribed and, if not so satisfied; d) Shall refuse the application (2) A practicing certificate issued to any person remains the property of the Registration Committee

11 Duration of Practicing Certificate 22 (1) A practicing certificate remains in force unless it ceases to be in force under sub section (2), (4), or (5) (2) A practicing certificate issued to any person ceases to be in force if that person ceases to be registered (3) Where a practicing certificate issued to any person ceases under sub section (2) to be in force, that practicing certificate does not come into force again if the person is subsequently registered: Provided that a practicing certificate will come into force if the registration of the person is restored pursuant to subsection (5) or (6) of section 28. (4) Subject to section 34(3)(b), a practicing certificate ceases to be in force during any period when it is suspended pursuant to section 32(1)(e) or, if that period is varied on appeal under section 30 during the period as so varied. (5) A person may surrender to the Registration Committee a practicing certificate issues to him/her and in that event the certificate ceases to be in force. (6) Where a practicing certificate ceases to be in force under subsection (2), the person to whom the certificate was issued shall deliver it to the Registration Board within fourteen days after the date on which he/she ceases to be registered. (7) Any person who, without reasonable excuse, contravenes subsection (6) is guilty of an offence and liable to a fine not exceeding KSh /- Annual License 23. (1) Every person who has been registered under this Act and who has been issued with a practicing certificate under section 21 shall, if he/she intends to practice, in his/she professional capacity, require, in addition to holding such practicing certificate, an annual license in the prescribed form for which he/she shall pay to the Registration Committee a prescribed fee which shall be the aggregate of- a) Such annual fee as shall be prescribed by the Cabinet Secretary under section 38 and b) The sum of Ksh /- or such other sum as may be prescribed by the Minister for the time being responsible for Information by Notice in the Gazette. (2) Any sum payable under subsection (1)(a) shall be applied by the Registration Committee in such manner as may be prescribed by the Cabinet Secretary and any sum payable under subsection (1)(b) shall be paid by the Registration Board to the

12 Ministry of Information in such manner as the Cabinet Secretary for the time being responsible for Information shall direct. (3) Every annual license shall bear the date on which it is issued and shall be effective from that date and shall expire at the end of the license year in which it is issued. (4) The license year shall be from 1 st January to 31 st December in each year. (5) The Registrar shall note, on the register the date of issue of every annual license. Licensing of Dual Occupations 24 (1) Where any person to whom section 18 applies carried 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 (2) A person to whom subsection (1) applies shall only be required to obtain all annual license in respect of his/her primary occupation to the intent that no such person shall obtain more than one annual license in any one year Qualifications 25 (1) Subject to this section, a person is qualified to be registered ifa) He/she has been awarded by the Examinations Board a certificate designated the final certificate of the Accredited Public Relations Practitioners Examination. b) He/she holds a qualification approved under sub section (2) by the Registration Committee c) He/She is, at the commencement of this Act, both a citizen of Kenya and a member of the professional body known as the Public Relations Society of Kenya. d) He/She is, at the commencement of this Act, both ordinarily resident in Kenya and a member of the professional body known as the Public Relations Society of Kenya. (2) The Registration Committee may, from time to time, by Notice in the Gazette, approve qualifications, which it considers sufficient to allow a person to be registered, and may, in like manner, withdraw any such approval. (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/her professional conduct and general character

13 have been such as in the opinion of the Registration Committee make him/her a fit and proper person to be registered, and unless the person so satisfies the Registration Committee he/she shall not be treated as being qualified to be registered. Disqualifications 26 (1) Subject to this section, a person is disqualified from being registered- a) If he/she is convicted by a court of competent jurisdiction in Kenya or elsewhere of an offence involving fraud or dishonesty; b) If he/she is an undercharged bankrupt; c) If he/she is of unsound mind and has been certified to be so by a medial practitioner; or d) If during any period when the Registration Committee has determined under section 33(1)(d) that he/she shall not be registered or during any such period as varied by the High Court under section 34 (2) A person shall not be treated as disqualified under subsection (1) if the Registration Committee, having regard to- a) The period which has elapsed since the conviction concerned ; or b) The circumstances of the offence, determines that it would be unreasonable to so treat him/her (3) A person shall not be treated as disqualified under subsection (1)(b) if the Registration Committee is satisfied that the bankruptcy of the person concerned arose as a result of unavoidable loses or misfortunes (4) A person shall not be treated as being disqualified under subsection (1)(d) if the High Court allows an appeal under section 34 Registration 27 (1) The Register of the Registration Committee shall cause to be kept a register in which shall be recorded- a) The name of any person whose application under section 18 is approved;

14 b) The fact that a practicing certificate is issued to any person or that any such certificate ceases to be in force under this Act; c) Particulars of the cancellation under this Act of the registration of any person; d) The fact that the registration of any person is restored under this Act; e) Such other matters as the Registration Committee may determine (2) The registrar of the Registration Committee may cause to be made such alterations in the register as are necessary to ensure that the matters recorded therein are accurate (3) The register may, at all reasonable hours, be inspected, and copies of all or any part of any entry in the register taken- a) Without payment by- (i) Any member of the police force or any public officer acting in the course of his duty; or (ii) Any person authorized by the registrar of the Registration Committee; or c) On payment of such fee as may be prescribed, by any other person (4) The register shall be received in proceedings before any court or tribunal as evidence of the matters recorded therein which are required by or under this Act to be so recorded (5) Proceedings on or an inquiry under this Act before the Disciplinary Committee shall be deemed to be proceedings before a tribunal for the purpose of this section. Cancellation of registration 28 (1) Subject to this section, the Registration Committee shall cancel the registration of a Member of the Society ifa) A determination that the registration of the member be cancelled is made under section 33(1) b) Any circumstances arise which, if the member were other than a person applying for registration, would disqualify him/her under section 22 from being registered; or

15 c) The Registration Committee is required under subsection (4) to do so (2) The Registration Committee shall not cancel the registration of a member of the Society under subsection (1)(b) unless it has afforded to the member an opportunity to show cause why his registration should not be cancelled (3) Subsections (2) and (3) of section 22 shall apply in relation to the cancellation of the registration of a member of the Society under subsection (1)(b) as they apply for the purpose of determining whether or not a person is disqualified from being registered (4) The Council may require the Registration Committee to cancel the registration of a member of the Society who fails to comply with the requirements of section 4(4) (5) When the registration of a member of the Society is cancelled under subsection (1)(a) the Registration Committee shall restore the registration if, on an appeal made under section 30, the High Court allows the appeal (6) The Council may direct the Registration Committee to restore the registration of a person whose registration is cancelled under subsection (1)(c) and, if it does so the Registration Board shall restore the registration (7) The registration of a member shall be restored by recording in the register particulars of the restoration (8) The registration of a member shall be cancelled by recording in the register particulars of the cancellation PART IV DISCIPLINARY PROVISIONS Professional misconduct 29 (1) The Cabinet Secretary may, on the advice of the Council and the Registration Committee, regulate the professional conduct of the members of the Society (2) A member of the Society is guilty of professional misconduct if- a) He/she allows any person to practice in his/her name as an accredited pubic relations practitioner unless such person is the holder of a practicing certificate and is in partnership with him/her or employed by him/her b) He practices or attempts to practice or permits any person in his/her employment to practice without holding a current valid annual license c) He/she enters, for the purpose of or in course of practicing as an accredited public relations practitioner, into partnership with a person who does not

16 hold a valid practicing certificate or secures any professional business through the services of such a person or by means not open to an accredited public relations practitioner d) He/she pays or allows or agrees to pay or allows directly or indirectly, to any person (other than a person who holds a practicing certificate, is a retired partner, or the legal representative of such a partner) any share, commission or brokerage out of the fees for, or profits of, his/her professional services e) He/she discloses information acquired in the course of professional engagement to any person other than a client, without the consent of the client, or otherwise than required by law f) He/she is guilty of gross negligence in the conduct of his/her professional duties g) He/she expresses an opinion on any matter with which he/she is concerned in a professional capacity without obtaining sufficient information on which to base his/her opinion h) He/she does or fails to do any other act, which may be prescribed The Disciplinary Committee 30 (1) There shall be a committee to be known as the Disciplinary Committee (2) The Disciplinary Committee shall consist of not less than three or more than five members who shall be appointed by the Council and the quorum of any meeting of such committee shall be there (3) There shall be a Chairman of the Disciplinary Committee who shall be appointed by the Council. (4) Subject to this section a member of the Disciplinary Committee holds office for three years and is eligible for re-appointment. (5) The Council may, at any time, with or without cause, terminate the appointment of a member of the Disciplinary Committee or terminate the appointment of a member as Chairman of the committee. (6) Where a member of the Disciplinary Committee is unable to exercise and perform his functions, the Council may appoint a person to replace the member for such period as may be necessary.

17 Inquiry by the Disciplinary Committee 31 (1) Where the Executive Committee has reason to believe that a member of the Society may have been guilty of professional misconduct it shall refer the matter to the Disciplinary Committee which shall inquire into the matter (2) The Fourth Schedule shall have effect with respect to an inquiry by the Disciplinary Committee pursuant to subsection (1) Recommendations after Inquiry 32 (1) On the completion of an inquiry under section 31 into the alleged professional misconduct of a member of the Society, the Disciplinary Committee shall submit to the Council a report of the inquiry which shall include one, or more than one, of the following recommendations, namely- (a) That no further action be taken against the member; (b) (c) (d) (e) That the member be reprimanded; That the member be reprimanded with publication of the reprimand in the Gazette; That the registration of the member be cancelled and that he/she not be registered for such a period (including life) as specified; or That any practicing certificate or any annual license or both held by the member be suspended (2) Where the Disciplinary Committee in a report makes a recommendation under subsection (1)(a) or (b) the Council shall, if it agrees with the recommendations, inform the member of the Society concerned that no further action is to be taken against him/her or reprimand the member, as the case may be (3) Where the Disciplinary Committee in a report makes a recommendation- (a) (b) Under subsection (1)(a) or (b) and the Council does not agree with the recommendation; or Under subsection (1)(c), (d) or (e) the Council shall within 14 days of the receipt of the report, forward to the Registration Committee a copy of the report together with any recommendation referred to in subsection (1) which the Council considers appropriate in the circumstances of the case, which recommendation may or may not be the same as the recommendation of the Disciplinary Committee

18 Determination by the Registration Committee 33 (1) On the receipt pursuant to section 32 of a copy of a report relating to the alleged professional misconduct of a member of the Society, the Registration Committee may make one or more than one of the following determinations, namely- (a) (b) (c) (d) (e) That no further action be taken against the member; That the member be reprimanded; That the member be reprimanded with publication of the reprimand in the Gazette; That the registration of the member be cancelled and that he/she not be registered for such a period (including life) as is specified; or That any practicing certificate or any annual license or both held by the member be suspended (2) Before making a determination under subsection (1) the Registration Committee may, in writing, require the Council to furnish the Registration Committee such further evidence concerning any matter that is so specified, and the Council shall comply with the requirement Appeal (3) In order to comply with the requirement of the Registration Committee under subsection (2) the Council may direct the Disciplinary Committee to reopen and continue the Inquiry concerned and the Disciplinary Committee shall do so to the extent that it is necessary to furnish the evidence required (4) The Registration Committee shall notify the member of the Society whose alleged professional misconduct is the subject of inquiry of its determination under subsection (1) (5) The Registration Board shall notify the member of the Society whose alleged professional misconduct is the subject of inquiry of its determination under subsection (1) (6) Subject to section 34, a determination of the Registration Committee under subsection (1) is final

19 34 (1) A person aggrieved by a determination of the Registration Committee under section 33(1)(d) or (e) may appeal to the High Court against the determination within 90 days of being notified of the determination (2) On an appeal the High Court may affirm (with or without variation of the period for which the person concerned is not to be registered or the period for which his practicing certificate is suspended) the determination of the Registration Committee or allow the appeal (3) A determination under section 33(1)(d) or (e) has effect notwithstanding that an appeal is made against the determination, but in the event that the High Court allows the appeal- (a) (b) Section 33(5) has effect in relation to the cancellation of the registration of the member of the Society; and the suspension of a practicing certificate of the member of the Society ceases to have effect Rules 35 (1) The Chief Justice may make rules governing appeals under section 34 and providing for the fees to be paid, the scale of costs of any appeal and the procedures to be followed therein cap 21 (2) Until rules are made under subsection (1)and subject to any such rule, the provisions of the Civil Procedure Act apply as if the determination appealed against was a decree of a subordinate court exercising original jurisdiction Staff and protection of Society etc from liability 36 (1) The Society and the Registration Board may each employ such persons as are necessary for the discharge of their respective functions (2) No liability shall attach to the Society, or the Registration board or to any of their respective members, employees or agents for any loss or damage sustained by any person as a result of any act or omission done or made in good faith and without negligence in the performance or exercise or the intended performance or exercise of any duty or power or conferred by or under this Act Terms and Conditions of Employment of Staff 37 (1) The terms and conditions of employment of persons employed under section

20 36 shall be determined by the Society and the Registration Board respectively Moneys Payable to the Society and the Registration Board 38 (1) There shall be payable to the Society and the Registration Board such moneys as are appropriate by parliament for their respective purposes (2) The Minister may give directions as to the amounts in which, and the times t which moneys referred to in subsection (1) are to be paid to the Society, and the Registration Board respectively Accounts and Audit 39 (1) The Society and the Registration Board shall each keep proper accounts and proper records in relation to the accounts and shall each prepare in respect of each accounting year a statement of accounts cap 412 (2) The accounts and statements of accounts of the Society and the Registration Board shall, subject to the Exchequer and Audit Act, be audited by accountants appointed by the Society or by the Registration Board, as the case may be (3) As soon as the accounts and statement of accounts of the Society or the Registration Board have been audited under subsection (2), the Society and the Registration Board, as the case may be, shall send to the Minister a copy of the statement together with a copy of any report made by the auditor concerned on that statement or on any such accounts (4) On the written request of the Minister the accounts and statements of the Society, or the Registration Board, shall be made available to him/her or to any person nominated by him/her Offences 40 (1) A person who- (a) Assumes or uses the title or the signatory letters referred to in section 4(2)(a) who is not an Honorary Fellow or Honorary member of the Public Relations Society of Kenya (b) (c) Assumes or uses the title or designatory letters referred to in section 4(2)(b) and who is not a Fellow of the Public Relations Society of Kenya Assumes or uses the title or designatory letters referred to in 4(2)(c) and who is not a member of the Public Relations Society of Kenya

21 (d) Assumes or uses the title or designatory letter referred to in section 4(2)(d) and who is not an Associate member of the Public Relations Society of Kenya, Shall be guilty of an offence (2) A corporate body (whether incorporated in Kenya or elsewhere) which uses any of the titles or designatory letter referred to in section 4(2)(a), (b), (c) or (d) shall be guilty of an offence (3) Where a firm- (e) Uses the title or designatory letters referred to in section 4(2)(a), (b), (c), or (d) and each of the partners in the firm is not entitled to use the title or designatory letters as the case may be each of the partners of the firm shall be guilty of an offence (4) A person guilty of an offence under this section is liable on conviction to a fine not exceeding KSh.5,000.00/- together with a further fine not exceeding Ksh /- for each day on which the offence continues Vacancy in Membership 41 The Executive Committee or the Registration Board may exercise and perform its functions notwithstanding any vacancy among the members and the validity of any proceedings of the Executive Committee or the Registration Board is not affected by any such vacancy or any defect in the appointment of a member Regulations 42 The Minister may make regulations prescribing anything which is required to be or which may be prescribed under this Act, and for carrying out or giving effect to this Act