ADVOKS GLOBAL · KENYA
Certified Public Secretaries of Kenya Act
24. Professional misconduct
Edition: 2025-06-20 · In force
24. Professional misconduct
(1)The Cabinet Secretary may, on the advice of the Council and the Registration Board, regulate the professional conduct of the members of the Institute.(2)A member of the Institute is guilty of professional misconduct if—(a)he allows any person to practise in his name as a certified public secretary unless such person is the holder of a practising certificate and is in partnership with him or employed by him;(b)he enters, for the purpose of or in course of practising as a certified public secretary, into partnership with a person who does not hold a practising certificate or secures any professional business through the services of such a person or by means not open to a certified public secretary;(c)he pays or allows or agrees to pay or allow directly or indirectly, to any person (other than a person who holds a practising 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 professional services;(d)he 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;(e)he certifies or submits in his name or in the name of his firm a report of statutory returns and completion of such statutory returns and the related records have not been made by him or a partner or an employee in his firm;(f)he fails to disclose in a statutory return or otherwise a material fact known to him and disclosure of that fact is necessary to ensure that the statutory returns are not misleading;(g)he fails to report a material mis-statement known to him to appear in a statutory return with which he is concerned in a professional capacity;(h)he is guilty of gross negligence in the conduct of his professional duties;(i)he expresses an opinion on any matter with which he is concerned in a professional capacity without obtaining sufficient information on which to base the opinion;(j)he fails to keep the funds of a client in a separate banking account or to use any such funds for purposes for which they are intended;(k)he includes in any statement, return or form to be submitted to the Council any particulars knowing them to be false; or(l)he does or fails to do any other act which may be prescribed.