ADVOKS GLOBAL · KENYA
Pharmacy and Poisons Act
12. Professional misconduct
Edition: 2023-12-11 · In force
12. Professional misconduct
(1)Where—(a)a person applying to have his name registered; or(b)a registered pharmacist or any person employed by him in the carrying on of his business; or(c)a person whose name has been deleted from the register or any person employed by him as aforesaid,has at any time been convicted, whether within or outside Kenya, of any criminal offence or been guilty of any misconduct (being in a case falling within paragraph (c) of this subsection a conviction or misconduct which took place either before or after the deletion of the name) which in the opinion of the Board renders the convicted or guilty person unfit to have his name on the register, the Board may, after inquiring into the matter—(i)in a case falling within paragraph (a) of this subsection, direct that the applicant’s name shall not be registered, or shall not be registered until the Board otherwise directs;(ii)in a case falling within paragraph (b) of this subsection, direct the registrar to delete the name of the registered pharmacist from the register;(iii)in a case falling within paragraph (c) of this subsection, direct that the name removed from the register shall not be restored thereto, or shall not be restored thereto until the Board otherwise directs,and where the Board directs that a name shall be deleted from the register or shall not until the Board otherwise directs be registered or restored to the register, the Board may also direct that no application to the registrar in respect of its registration, or as the case may be its restoration to the register, shall be entertained thereafter until the expiration of such period as may be specified in the direction or until the fulfilment of such conditions as may be so specified.(2)Where the name of any person has been deleted from the register in pursuance of a direction under paragraph (ii) of subsection (1) of this section, the Board may, either of its own motion or on the application of that person, direct the registrar to restore the name to the register, either without fee or on the payment to the registrar of such fee as may be prescribed in the behalf, not exceeding the fee prescribed for registration in pursuance of section 9.(3)It shall be the duty of the registrar—(a)to give notice of any direction under this section to the person to whom the direction relates;(b)to give notice of any refusal of an application made under the last foregoing subsection to the applicant,and any such notice shall be sent by registered letter which, in the case of a registered pharmacists, shall be addressed to his address on the register.