WIXLIB

[Rev. 2019](a)(b)(c)Counsellors and PsychologistsNo. 14 of 2014has at least five years proven experience in the fields of counsellingor psychology;has knowledge and experience in policy formulation, administrationand management;meets the requirements of Chapter Six of the Constitution.[Act No. 5 of 2019, Sch.]10. Staff of the BoardThe Board may appoint such officers and other staff as are necessary for theproper discharge of its functions under this Act, upon such terms and conditionsof service as the Board may determine upon the advice of the Salaries andRemuneration Commission.11. Delegation by the BoardThe Board may, by resolution either generally or in any particular case, delegateto any committee or to any member, officer, employee or agent of the Board, theexercise of any of the powers or the performance of any of its functions under thisAct or under any other written law.12. Committees of the Board(1) The Board may establish such committees as it may deem appropriate toperform such functions and responsibilities as it may determine.(2) The Board shall appoint the chairperson of a committee established undersubsection (1) from amongst its members.(3) The Board may where it deems appropriate, co-opt any person from outsidethe Board with knowledge and expertise in specific areas to attend the deliberationsof any of its committees.(4) All decisions by the committees appointed under subsection (1) shall beratified by the Board.(5) Without prejudice to the foregoing provisions of this section, the Board shallestablish the committees set out in the Second Schedule.13. Protection from personal liability(1) No act or omission by any member of the Board or by any officer, employee,agent or servant of the Board shall, if the act or omission was done bona fide forthe purposes of executing a function, power or duty under the Act render suchmember, officer, employee, agent or servant personally liable to any action, claimor demand whatsoever.(2) The provisions of subsection (1) shall not relieve the Board of the liability topay compensation to any person for any injury to him, his property or to any of hisinterests caused by the exercise of any power conferred by this Act or by failure,whether wholly or partially, of any works.14. Common seal(1) The common seal of the Board shall be kept in such custody as the Boardmay direct and shall not be used except upon the order of the Board.(2) The affixing of the common seal of the Board shall be authenticated by thesignature of the chairperson and the Registrar and any document not required bylaw to be made under seal and all decisions of the Board may be authenticated bythe signatures of both the chairperson and the Registrar.9

No. 14 of 2014Counsellors and Psychologists[Rev. 2019](3) Notwithstanding the provisions of subsection (2) the Board shall, in theabsence of either the chairperson or the Registrar in a particular matter, nominateone member to authenticate the seal on behalf of either the chairperson or theRegistrar.(4) The common seal of the Board when affixed to a document and dulyauthenticated shall be judicially and officially noticed and unless and until thecontrary is proved, any necessary order or authorization by the Board under thissection shall be presumed to have been duly given.B-Counsellors and, Psychologists Society of Kenya15. DeletedDeleted by Act No. 5 of 2019, Sch.16. DeletedDeleted by Act No. 5 of 2019, Sch.17. DeletedDeleted by Act No. 5 of 2019, Sch.18. DeletedDeleted by Act No. 5 of 2019, Sch.C-Council of the Society19. DeletedDeleted by Act No. 5 of 2019, Sch.20. DeletedDeleted by Act No. 5 of 2019, Sch.21. DeletedDeleted by Act No. 5 of 2019, Sch.22. DeletedDeleted by Act No. 5 of 2019, Sch.PART III – REGISTRATION OF COUNSELLORS AND PSYCHOLOGISTS23. Qualifications for registration(1) A person shall be eligible for registration under this Act as a counsellor orpsychologist if the person(a) is, in the case of a counsellor, the holder of a diploma degree incounselling from a recognised university;(b) is, in the case of a psychologist, the holder of a diploma degree inpsychology from a recognised university;(c) has passed an examination prescribed by the Board; and(d) satisfies the Board that he or she is a person of good moral characterand a fit and proper person to be registered under this Act.[Act No. 5 of 2019, Sch.]10

[Rev. 2019]Counsellors and PsychologistsNo. 14 of 201424. Registration(1) Every person eligible to be registered as a counsellor or psychologist mayapply in the prescribed form to the Registrar for registration in the register, andevery such application shall be accompanied by the prescribed fee.(2) Where a person has complied with the provisions of subsection (1) and hasbeen accepted by the Board as being eligible for registration and has satisfied theRegistrar that he or she has been so accepted, he or she shall be registered.(3) The Registrar shall issue to every person registered under this Act, acertificate in the prescribed form.25. Register of counsellors and psychologistsThe Registrar shall maintain a register of counsellors and psychologists in theprescribed form in which the name of every person, registered under this Act, shallbe entered.26. Alterations to the register(1) The Registrar shall, from time to time, in accordance with the directions ofthe Board, make any corrections in the register in relation to any entry therein.(2) All changes in the entries under subsection (3) shall be made by theRegistrar as soon as is practicable after receipt of the notification thereof.(3) The Registrar shall remove from the register(a) the name of every(i) deceased person;(ii) person convicted of an offence under this Act, and all avenuesof appeal have been exhausted;(iii) person whose name the Board has, under section 34, directedthat it should be struck off the Register; and(b) any entry which has been incorrectly or fraudulently made in theregister.(4) The Registrar may, with the written consent of the person, remove from theregister the name of a person who has ceased to practice.(5) Every person registered under this Act who has obtained a higherqualification than then registered qualification shall, on the payment of theprescribed fee, be entitled to have that additional qualification inserted in theregister in addition to the qualification previously registered.27. Publication of registration(1) The Registrar shall publish in the Gazette as soon as may be practicableafter registration the name of every counsellor or psychologist registered underthis Act.(2) It shall be the duty of every counsellor or psychologist to inform the Registrarimmediately of any change in the registered address.(3) The publication of the list of registered counsellors and psychologists inthe Gazette shall be prima facie evidence that the persons named therein areregistered under this Act, and the absence of the name of any person from suchlist shall be prima facie evidence that the person is not so registered.11

No. 14 of 2014Counsellors and Psychologists[Rev. 2019]PART IV – LICENSING OF COUNSELLORS AND PSYCHOLOGISTS28. Licence to practice(1) A person shall not practise as a counsellor or psychologist unless suchperson has (a) been registered under this Act;(b) complied with the prescribed requirements for continuing educationand supervision; and(c) been issued with a valid practising licence by the Board in accordancewith Regulations made under this Act.(2) The Board may issue to a counsellor or psychologist who has applied inthe prescribed form, a license to practice on their own behalf or to be employedby a counsellor or psychologist.[Act No. 4 of 1994, Sch.]29. Period of validity of licences(1) A licence granted under this Act shall be valid for one year, for the durationststbetween the 1 January and 31 December in every year, and may, upon expiry,be renewed.(2) A person whose licence has not been renewed for one year or more andwho wishes to have the licence renewed may apply to the Board upon(a) swearing an affidavit in the prescribed form explaining the reasons fornon-renewal;(b) payment of the licence fee for the current license period;(c) presentation of evidence to the Board of fulfilment of all applicableconditions for renewal of a license; and(d) payment of annual subscription fee for the current licence period.(3) The Board may refuse to issue or to renew a licence.(4) A person aggrieved by a decision of the Board under this section may appealto the High Court, and in any such appeal the High Court may annul or vary thedecision as it may determine necessary.30. Publication of licensing(1) The issue and the cancellation, revocation or withdrawal of a licence underthis Part shall be published in the Gazette.st(2) The Registrar shall, once in every year, as soon as convenient after 1stJanuary, but not later than 31 March, publish in the Gazette a list containingthe names, qualifications and registered addresses of all licensed counsellors andpsychologists.31. No fees for unlicensed personsA person shall not be entitled to recover a fee for counselling or psychologyservices, unless such person is licensed under this Act.PART V – ENFORCEMENT32. False registration or licensing(1) Any person who wilfully procures or attempts to procure registration orlicensing under any of the provisions of this Act, by making or producing or causing12

[Rev. 2019]Counsellors and PsychologistsNo. 14 of 2014to be made or produced any false or fraudulent representation or declaration eitherorally or in writing, commits an offence and shall be liable on conviction to a finenot exceeding five hundred thousand shillings or to imprisonment for a term notexceeding two years, or both.(2) lf a person convicted of an offence under this section is registered orlicensed under this Act, the Registrar shall upon direction from the Board removesuch person's name from the register and cancel the licence.33. Professional misconductA person who is licensed as a counsellor or psychologist commits an act ofprofessional misconduct if such person(a) deliberately fails to follow the laid down standards of conduct andpractice of the profession of counselling or psychology as may be laiddown by the Board;(b) commits gross negligence in the conduct of his professional duties;(c) allows another person to practise in his or her name, where suchperson(i) is not a holder of a practising certificate issued under this Act;and(ii) is not in partnership with him or her;(d) takes advantage of clients by abusing a position of trust, expertise,or authority;(e) is insensitive to clients through a lack of regard or concern for clients'needs, feelings, rights, or welfare of others;(f) shows incompetence or inability to render services, for reasonsranging from inadequate training or inexperience, to personalunfitness, such as a character defect or an emotional disturbance;(g) evidences irresponsibility including lack of reliable or dependableexecution of professional duties, attempts to blame others for onemistakes, shoddy or superficial professional work, or excessive delaysin delivering necessary feedback, assessments, reports, or services;or(h) is guilty of abandonment through failure to follow through withhis duties or responsibilities, thereby causing clients to becomevulnerable or feel discarded or rejected.34. Disciplinary proceedings by the Board(1) Any person may, being dissatisfied with any services offered by a counselloror psychologist or alleging breach of the standards of conduct as may be specifiedby the Board from time to time, make a written complaint to the Board in theprescribed manner.(2) Where the Board is satisfied in respect of any person registered or licensedunder this Act, that such person(a) has been convicted of an offence under this Act or under any other lawpunishable by imprisonment, the commission of which in the opinionof the Board has brought the profession to disrepute;(b) has committed an act of negligence or malpractice in respect of hisor her profession or13

No. 14 of 2014(c)Counsellors and Psychologists[Rev. 2019]has committed an act of impropriety or misconduct in respect of hisor her profession, the Board may, subject to subsection (10)(i) remove such person's name from the register;(ii) suspend such person's licence or registration for a period notexceeding twelve months; or(iii) cancel such person's licence.(3) Upon any inquiry held by the Board to determine a complaint made undersubsection (1), the person whose conduct is being inquired into shall be affordedan opportunity of being heard, either in person or by an advocate of his own choice.(4) For the purpose of proceedings at an inquiry held under this section, theBoard may administer oaths and may, subject to the provisions of regulations madeunder this Act, enforce the attendance of persons as witnesses and the productionof books and documents as evidence.(5) Any person whose name has been removed from a register or whose licensehas been cancelled or suspended shall forthwith surrender to the Registrar his orher certificate of registration or license, and any person who fails to do so commitsan offence and shall be liable on conviction to a fine not exceeding fifty thousandshillings or imprisonment to term not exceeding two years, or both.(6) Subject to the provisions of this section and to rules as to proceduremade under this Act, the Board may regulate its own procedure in disciplinaryproceedings.(7) The power to direct the removal of the name of a person from the registeror to cancel the licence of a person shall include a power exercisable in the samemanner to direct that during such period as may be specified in the order, theregistration of a person's name in the register or the licence granted to him or hershall not have effect.(8) The provisions of this section, in so far as they relate to the cancellation orsuspension of licenses, shall be in addition to and not in derogation of the provisionsof section 26.(9) A person who fails, when summoned by the Board, to attend as a witnessor to produce any books or documents which he is required to produce commitsan offence and shall be liable on conviction to a fine not exceeding fifty thousandshillings or to imprisonment for six months, or both.(10) Notwithstanding any other provisions of this Act, the Board shall notremove the name of a person from the register, or cancel any licence granted to aperson, unless such a decision is supported by a majority of all the Board members.35. Effect of removal, suspension or cancellation(1) Subject to the provisions of this Act, the removal of a person's name fromthe register shall be notified by the Registrar to that person by registered mail sentto the address appearing in the register against his or her name immediately beforesuch removal.(2) Where the name of a person has been removed from the register, the nameof that person shall not, subject to the provisions of this Act, be entered again inthe register except by order of the Board.(3) Where an order has been made for the removal of a person's name from theregister, or for suspending a person's registration under this Act, or for cancellingor suspending a licence granted to a person under this Act, the Board may either14

[Rev. 2019]Counsellors and PsychologistsNo. 14 of 2014on its own motion or on the application of the person concerned, and in either caseafter holding such inquiry as the Board may deem fit, cause the name of that personto be restored to the register or terminate the suspension of the registration, or, asthe case may be, grant a new licence or terminate the suspension of the existinglicence, in any such case either without fee or on the payment of such fee, notexceeding the appropriate registration or licence fee, as the Board may determine.(4) Subsection (1) shall not apply when a person's name has been removedfrom the register at his or her request or with his or her consent in circumstancesunder which it could not have been removed without consent.(5) Notwithstanding the provisions of subsection (3) above, a person whosename was removed from the register at his or her request, shall upon applicationand on payment of the prescribed fee, have his or her name restored on the register.36. Appeals(1) Any person aggrieved by a decision of the Board under this Act may appealwithin thirty days to the High Court and in any such appeal the High Court mayconfirm, annul or vary the decision as it deems fit.37. Offences by unregistered or unlicensed persons(1) Any person who, not being eligible to be licensed or registered underthis Act, wilfully and falsely takes or uses any name, title or addition implying aqualification to practice as a counsellor or psychologist, or who, not being registeredor licensed under this Act, practises or professes to practice or publishes his orher name as practising as a professional counsellor or psychologist, commits anoffence and shall be liable on conviction to a fine not exceeding five hundredthousand shillings or to imprisonment for a term not exceeding two years, or both.(2) Any person who, not being eligible to be licensed or registered underthis Act, uses any of the titles "psychologist" or "counsellor" appropriate toa person so registered or licensed, unless such person has acquired a higheracademic doctoral qualification which entitles such person to use that title, commitsan offence and shall be liable on conviction to a fine not exceeding fifty thousandshillings or imprisonment for a term not exceeding two years, or both.(3) This section shall not apply to a duly qualified person employed to work asa psychologist or counsellor by the national or county Government.38. Offences by persons or training institutionsAny person, being in charge of a training institution which is not approved bythe Board as an institution for the training of persons seeking registration underthis Act, who(a) admits to the institution under his or her charge any person for thepurpose of training in the profession of counselling or psychology;(b) purports to be conducting a course of training or examining personsseeking registration under this Act or regulations made thereunder;(c) issues any document, statement, certificate or seal implying that theholder thereof has undergone a course of instruction or has passedan examination prescribed by the Board; and(d) issues any document, statement, certificate or seal implying that theinstitution under his or he

psychologists under this Act; (c) register and licence counsellors and psychologists for the purposes of this Act upon payment of the prescribed fees; (d) plan, arrange, co-ordinate and oversee continuing professional training and development and facilitate internship of trainee counsellors and psychologists.