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Investment and Financial Analysts Act

17. Disqualification from registration

Edition: 2022-12-31 · In force

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17. Disqualification from registration

(1)Subject to this section, a person is disqualified from being registered—
(a)if such person is convicted by a court of competent jurisdiction in Kenya or elsewhere of an offence involving fraud or dishonesty;
(b)if such person is an undischarged bankrupt;
(c)if such person is of unsound mind and has been certified to be so by a medical practitioner;
(d)if such person does not meet the requirements of Chapter Six of the Constitution;
(e)if such person sits and fails the annual ethics and integrity test administered by the Institute; or
(f)during any period when Disciplinary Committee has determined under section 29 that such person shall not be registered or during any such period as varied by the High Court under section 30(2) of this Act.
(2)A person shall not be treated as disqualified under subsection (1)(a) of this section 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 the person.
(3)A person shall not be treated as disqualified under subsection (1)(b) of this section if the Registration Committee is satisfied that the bankruptcy of the person concerned arose as a result of unavoidable losses or misfortunes.
(4)A person shall not be treated as being disqualified under subsection (1)(f) of this section if the High Court allows an appeal under section 30 of this Act.
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Source: Kenya Law