ADVOKS GLOBAL · KENYA
Counsellors and Psychologists Act
34. Disciplinary proceedings by the Board
Edition: 2022-12-31 · In force
34. Disciplinary proceedings by the Board
(1)Any person may, being dissatisfied with any services offered by a counsellor or psychologist or alleging breach of the standards of conduct as may be specified by the Board from time to time, make a written complaint to the Board in the prescribed manner.(2)Where the Board is satisfied in respect of any person registered or licensed under this Act, that such person—(a)has been convicted of an offence under this Act or under any other law punishable by imprisonment, the commission of which in the opinion of the Board has brought the profession to disrepute;(b)has committed an act of negligence or malpractice in respect of his or her profession or(c)has committed an act of impropriety or misconduct in respect of his or 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 not exceeding twelve months; or(iii)cancel such person's licence.(3)Upon any inquiry held by the Board to determine a complaint made under subsection (1), the person whose conduct is being inquired into shall be afforded an 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, the Board may administer oaths and may, subject to the provisions of regulations made under this Act, enforce the attendance of persons as witnesses and the production of books and documents as evidence.(5)Any person whose name has been removed from a register or whose license has been cancelled or suspended shall forthwith surrender to the Registrar his or her certificate of registration or license, and any person who fails to do so commits an offence and shall be liable on conviction to a fine not exceeding fifty thousand shillings or imprisonment to term not exceeding two years, or both.(6)Subject to the provisions of this section and to rules as to procedure made under this Act, the Board may regulate its own procedure in disciplinary proceedings.(7)The power to direct the removal of the name of a person from the register or to cancel the licence of a person shall include a power exercisable in the same manner to direct that during such period as may be specified in the order, the registration of a person's name in the register or the licence granted to him or her shall not have effect.(8)The provisions of this section, in so far as they relate to the cancellation or suspension of licenses, shall be in addition to and not in derogation of the provisions of section 26.(9)A person who fails, when summoned by the Board, to attend as a witness or to produce any books or documents which he is required to produce commits an offence and shall be liable on conviction to a fine not exceeding fifty thousand shillings or to imprisonment for six months, or both.(10)Notwithstanding any other provisions of this Act, the Board shall not remove the name of a person from the register, or cancel any licence granted to a person, unless such a decision is supported by a majority of all the Board members.