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799

THE SUPPLIES PRACTITIONERSMANAGEMENT ACT

No. 17 of 2007

Date ofAssent: 22nd October, 2007

Date of Commencement: 30th October, 2007

ARRANGEMENT OF SECTIONS

PART I-PRELIMINARY

l--Citation.

2--Interpretation.

PART II-ADMINISTRATIVE PROVISIONS

3-Establishment of the Institute.

4--Composition of Council.

5-Functions of the Institute.

6-Conduct of business and affairs of the Council.

7-Delegation of the powers of the Institute.

8-Remuneration of Council members.

9-The Chief Executive Officer.

Io-Staffof the lnstitute.

ll-Protection from personal liability.

PART III-EXAMINATION, REGISTRATION AND LICENSING

12-Examination Committee.

13-Functions of the examinations committee.

l4-Registrar. :k-

l5-Registration committee.

I6--Persons entitled to be registered.

l7-Registration of supplies practitioners.

18-Certificate of registration.

19-Correction of register.

20-Licensing.

2l-Validity of license.

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Supplies Practitioners Management

PART IV-DISCIPLINE

2007

22-Disciplinary committee.

23-Disciplinary powers of the committee.

PART V-FINAN~IAL PROVISIONS"

24-Funds of the Institute.

25-Investment of funds.

26-Financial year.

27-Annual estimates.

28-Accounts and audit.

PART VI-MISCELLANEOUS PROVISIONS

29-0ffences by Persons not eligible to be registered or licensed.

3D-Offences by persons eligible to be registered or licensed.

31-0ffences by persons conducting training courses or examinationswithout authority.

32-Employment of unregistered staff.

33-Falsification of registers or records.

34-Validity of proceedings.

35-Gender balance.

36-Regulations.

37-Examination offences.

FIRST SCHEDULE-PROVISIONS AS TO THE CONDUCT OFBUSINESS AND AFFAIRS OF THE COUNCIL

SECOND SCHEDULE:'-TRANSITIO~A.L PROVISIONS

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Supplies Practitioners Management No. 17

An Act of Parliament to make provision for thetraining, registration and licensing of suppliespractitioners; to regulate their practice and forconnected purposes

ENACTED by the Parliament of Kenya, as follows

PART I-PRELIMINARY PROVISIONsJ

1. This Act may be cited as the Supplies PractitionersManagement Act, 2007.

2. In this Act unless the context otherwise requires

"approved training institution" means such institutionwithin or outside Kenya as may be approved by theInstitute by notice;

"Council" means the Council constituted under sectionof this Act;

"Disciplinary Committee" means the disciplinarycommittee established under section 22 of the Act;

"Institute" means the Kenya Institute of SuppliesManagement established under section l of this Act;

"Minister" means the Minister for the time beingresponsible for matters relating to finance;

"member of the Institute" means a member of theInstitute registered under section 16 of the Act;

"suppl ies practitioner" means a person or procuringagent engaged in public or private sector procurement,purchasing, stores management, logistics, supply chain orrelated activities who is for the time being registered and/orlicensed under section 16 of this Act as a suppliespractitioner which reference shall include "procurementprofessional" provided in section 26 (7), (8), (9) and (l0) ofthe Public Procurement and Disposal Act, 2005.

Citation.

Interpretation.

No.3 of 2005.

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802


PART II-ADMINISTRATIVE PROVISIONS

2007

Lstablishmentof the Institute.

Composition ofCouncil.

Functions of theInstitute.

3. (I) There is hereby established an Institute to beknown as the Kenya Institute of Supplies Management.

(2) The Institute shall be a body corporate withperpetual succession and a common seal and shall becapable in its corporate name of-

(a) suing and being sued;

(b) purchasing. acquiring, holding or disposing ofproperty;

(c) doing or performing all such other actsnecessary for the proper performance of itsfunctions under the Act.

4. (I) The Institute shall be managed by a councilconsisting of-

(a) a chairman who shall be a qualified suppliespractitioner with at least five years experiencein supplies, elected by the members of theInstitute in the manner prescribed in theregulations;

(b) six other members elected by the suppliespractitioners in the manner to be prescribed inthe regulations;

(c) the Director-General of the Public ProcurementOversight Authority.

(2) The chairman and every member appointed undersubsection ( I) shall hold office for a term of three years andshall be eligible for re-election for one further term of threeyears.

(3) All appointments under this section shall benotified in the Kenya Gazette.

5. The Institute shall-

(a) establish, monitor, improve and publish the

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standards of the supplies practitionersprofession and safeguard the interest of allsupplies practitioners;

(b) make provision for the training and instructionof persons seeking registration under this Act,

(c) recommend to the Minister for the time beingresponsible for education institutions to beapproved for training of persons seekingregistration under this Act;

(d) advise the Examinations Board on mattersrelating to examination standards and policies;

(e) have regard to the conduct of personsregistered and licensed under this Act, and takesuch disciplinary measures as may benecessary to maintain a proper standard ofconduct among such persons;

(f) perform such other functions as may benecessary for the proper administration of thisAct.

No. 17

6. The conduct and regulation of the business andaffairs of the Council shall be as provided in the FirstSchedule to this Act.

7. Subject to this Act, the Institute may eithergenerally or in any particular case, delegate to anycommittee of the Council or to any member, officer,employee or agent of the Institute, the exercise of any ofthe powers of the Institute under this Act.

8. The Institute shall pay to its Council members suchremuneration, or allowances for expenses as may bedetermined at the annual general meeting.

9. (l) There shall be a Chief Executive Officer of theInstitute who shall be competitively appointed by theCouncil and whose terms and conditions of service shall bedetermined by the CounciI in the instrument ofappointment.

(2) The Chief Executive Officer shall, subject to the

Conduct ofbusiness and affair"orthe Council,

Delegation or thepowers of theInstitute.

Remuneration ofCouncil members.

The Chiefl.xecutive Officer.

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Supplies Practitioners Management 2007

Staff of theInstitute.

Protection frompersonalliability.

Examinationcommittee.

directions of the Council. be responsible for themanagement of the affairs of the Institute and shall be theSecretary to the Council.

10. The Institute shall appoint such officers and otherstaff as are necessary for the proper discharge of itsfunctions under this Act, upon such terms and conditions asthe Council may determine.

II. No matter or thing done by a member of theCouncilor by any officer. employee or agent of theInstitute shall, if the matter or thing is done bona fide forexecuting the functions, powers or duties of the Institute,render the member, officer, employee or agent personallyliable to any action, claim or demand whatsoever.

PART III-EXAMINATION, REGISTRATIONAND LICENSING

12. (I) There is hereby established a Board to beknown as the Kenya Institute of Supplies ExaminationBoarJ, which shall be a body corporate.

(2) The Board shall consist of-

(a) five persons who shall be qualified suppliespractitioners, nominated by the Council, one ofwhom shall be appointed by the Council asChairperson of the Board;

(b) two persons nominated by the Ministerresponsible for education, one of whom shallbe from the Kenya Institute of Education andthe other from the Kenya NationalExamination Council;

(c) one person nominated by the Commission forHigher Education;

(d) one person nominated by the Director Generalof the Public Procurement Oversight Authority;

(e) one person nominated by the local universities;and

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(f) one person nominated by the Kenya PrivateSector Alliance.

(3) In nominating the persons under subsection (2) cld5,the Board shall have regard to gender balance.

13. The Examinations Board shall generally haveregard to the conduct of examinations for professionalsupplies certification and in particular to--

(a) prescribe and regulate syllabuses of instructionfor professional supplies certification forpersons seeking registration under the Act;

(b) prepare and conduct examinations for personsseeking registration under the Act;

(c) prepare regulations to be made by the Instituteregarding the standard of proficiency to begained in each examination for a diploma,degree or other award; and

(d) make rules with respect to such examinations;

(e) prescribe the fees and other charges payablewith respect to such examinations;

(f) issue professional qualifying certificates andother awards to candidates who have satisfiedthe examination requirements;

(g) investigate and determine cases invo Ivingindiscipline by students registered with theExamination Board;

(h) remit a proportion of not less than thirty percent of the fees collected under paragraph (e)to the Institute to support professionaldevelopment;

(i) liaise with the Ministry of Education inaccreditation of institutions offering theexamination of the Board for the purpose ofcarrying out examinations;

(j) promote recognition of its examination In

foreign countries;

Functions of theexaminationscommittee.

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Supplies PractitionersManagement 2007

Secretary.

Registrationcommittee.

(k) perform such other functions as may benecessary for proper administration of this Act.

14. (1) There shall be a secretary who shall be anofficer of the Examinations Board.

(2) The secretary shall be responsible for the day today affairs of the Examination Board and shall exercise andperform any such functions as the Board may from time totime determine.

15. (1) There is hereby established the RegistrationCommittee, which shall b@ aCOfnRlitteeeftAe Ceu+lGil.

(2) The registration committee shall consist of-

(a) a Chairpersonappointed by the Council;

(b) two persons who shall be qualified suppliespractitioners, appointed by the Council;

(c) one person nominated by the Federation ofKenya Employers;

(d) the Attorney-General or his representativenominated by him in writing;

(e) one person nominated by the Kenya NationalExamination Council;

(f) one person nominated by the Director-Generalof the Public Procurement Oversight Authority;

(g) the Registrar, appointed by the Minister on therecommendation of the Council.

(3) The functions of the Registration Committee shallbe to-

(a) receive applications for registration;

(b) approve applications for registration and grantof practising certificates and licenses inaccordance with the provision of this Act;

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(c) monitor compliance with professional, qualityassurance and other standards published by theCouncil for observance by the members of theInstitute;

(d) prescribe regulations to govern qU~lity

assurance programmes including actionsnecessary to rectify deviations from publishedstandards;

(e) where appropriate and based on the results of aquality assurance investigation recommend tothe Council that a member's conduct bereferred for inquiry under section 23 ~

(f) advise the Council on matters pertaining toprofessional and other standards necessary forthe achievement of quality assurance;

(g) perform any other functions connectedtherewith or incidental thereto.

16. (I) A person shall be entitled to registration if he Persons entitled

satisfies the Council that he is of good conduct and has paid to be registered.

the registration fee and that-

(a) he has successfully undergone a prescribedcertificate, diploma, degree or research courseof instruction and has passed the appropriateexamination conducted or prescribed by theInstitute; or

(b) has undergone a certificate, diploma, degree orresearch course of training and passed anexamination elsewhere than in Kenya, whichthe Institute recognizes as equivalent to thetraining and instruction required in the case ofpersons trained in Kenya and as equivalent tothe qualification by examination required underthe Act.

(2) A person engaged in supplies practice immediatelybefore the enactment of this Act shall be eligible to beregistered if he is, in the opinion of the Council, of goodconduct, has met such professional qual ifications as shallbe prescribed by the Council and has paid the prescribedregistration fee.

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No. :I of 2003.

(3) Notwithstanding subsections (I) and (2). theRegistration Committee may require a person makingapplication for registration to satisfy the RegistrationCommittee (in such manner as it directs) that hisknowledge of local law relating to supplies practice is. andthat his professional conduct and general character havebeen such as. in the opinion of the Registration Committee.makes him a fit and proper person to be registered.

~4) Subject to this subsection. a person is disqualifiedfrom being registered and licensed if he or she-

(a) is convicted by a court of competentjurisdiction in Kenya or elsewhere or anoffence involving fraud. dishonesty or moralturpitude:

(b) has at any time been convicted of an offenceunder the Anti-Corruption and l.conom icCrimes Act 2003;

(c) is an un-discharged bankrupt

(d) has not attained the age of eighteen years;

(e) has at any time been convicted of an offenceunder this Act or the Public Procurement andDisposal Act 2005;

(f) if in the opinion of a certified medical doctor.the person is incapable of performing his dutiesby I~ason of mental or physical infirm ity.

(5) A person shall not ~:.: treated as disqualified undersubsection (4) (a). (b) and (C) if the RegistrationCpmrnittee, having regard to-

(a) the period which has elapsed since the

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conviction concerned; or

(b) the circumstances of the offence,

determines that it would be unreasonable to so treat him.

(6) A person shall not be treated as disqualified undersubsection (4 ) (c) if the Registration Committee is satisfiedand the bankruptcy of the person concerned arose as aresult of unavoidable losses or misfortunes.

(7) A person shall not be treated as being disqualifiedunder subsection (4) (a), (b) and (e) if the High Courtallows an appeal.

(8) A person who secures registration or a licenseknowing that he is not eligible to hold one shall be guilty ofan offence and liable to a fine not exceeding one hundredthousand shillings.

(9) A supplies practitioner shall be deregistered andforfeit his license upon the happening of any eventspecified or contemplated by subsection (4) (a), (b) or (c).

(10) A member of the Institute shall be required toundergo such continuous professional developmentprogrammes as may be prescribed by the Council.

17. A person eligible to be registered as a suppliespractitioner shall apply in the prescribed form to thecommittee for registration, and the application shall beaccompanied by the prescribed fee.

18. The Institute shall issue to every person registeredunder this Act, a certificate in the prescribed form.

19. (1) The Institute may on the recommendation ofthe Registrar, make necessary alterations and corrections inthe register in relation to any entry therein.

(2) The Institute on the recommendation of theRegistrar, remove from the register-

No. 17

Registration ofsuppliespractitioners.

Certificate ofregistration.

Correction ofregister.

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I in:n~illg.

(a) the names of a deceased person:

(b) the name of a person convicted of an offenceunder the Act:

(c) the name of a person whose name the Councilhas under section 23 directed to be struck offthe register: or

(d) an entry which has been incorrectly orfraudulently made in the register,

(3) The Institute may \\ ith the consent of the personconcerned. remove from the register the name of a personwho has ceased to be a supplies practitioner.

20. (I) After the expiry of twelve months from thecommencement of this Act no person shall engage in thebusiness of a supplies practitioner unless he has been du lyissued \\' ith a registrar ion certi ficatc and a pract ising licenseby the Institute in accordance with this Act.

(2) Where the holder of a registration certificateintends to practice as a firm whether as a sole practitioneror in partnership or as a body corporate. he shal] apply tothe Registration Committee for a supplies practitioner'slicense in the prescribed form.

(3) Where an application is made b) any person inaccordance with subsection (2) above. the RegistrationCommittee shall issue him with a license if it is satisfiedthat-

(a) he holds a valid Rcgistrauon certificate

(b) he meets other requirements as may heprescribe:' hy the Council.

(4) A supplies practitioner's license shall i.~..: in theprescribed form and shall be issued upon the payment 01the prescribed tee.

(5) A supplies practitioner" s Iicensc Ina) be issuedsubject to such terms and conditions as the institute mayprescribe.

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811Supplies Practitioners Management No. 17

(6) Any person who contravenes subsection (1)commits an offence and is liable on conviction to a tine notexceeding one hundred thousand shillings, or imprisonmentfor a period not exceeding three years, or to both such nneand imprisonment.

21. (1) A 1icense granted under this Act shaII be valid Validity offor one year. license.

(2) On expiry, a license may be renewed for suchfurth-er period, not exceeding one year.

(3) Where a license expires and is not renewed, thename of the holder of the license shall be removed from theappropriate record.

PART IV-DISCIPLINE

22. (J ) There is hereby estab Iished a committee 0 f theCouncil. to be known as the Disciplinary Committee, shallconsist of eight members, of whom-

(a) the Chairperson shall be appointed by theCouncil from amongst members of theCouncil:

(b) three persons shall be nominated by theCouncil from among members of the Institute:

(c) one member shall be nominated by theDirector-General of Public ProcurementOversight Authority:

(d) one member shall be nominated hv theAttorney-General: .

(e) one Advocate shall be nominated by the LawSociety of Kenya:

(t) one engineer nominated by the Institute otEngineers of Kenya:

(g) one accountant nominated by the Institute of

Discipl mar)Committee.

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Disciplinarypowers of thecomrniuce.

No. J of2005.No.3 of 2003.

Certified Public Accountants of Kenya.

(2) The Chief Executive officer of the Institute shallbe the secretary of the Disciplinary Committee and shallnot have voting power.

(3) Subject to this Act the Disciplinary Committeeshall regulate its own procedures.

(4) The Disciplinary Committee shall receive andinvestigate complaints against suppl ies practitioners inaccordance with the rules and regulations under this Act.

23. (I) The Disciplinary Committee may order theremoval from the register, suspension of registration orrevocation of the practising license of a suppliespractitioner or the imposition of tine on a suppliespractitioner as may be prescribed by the Council if thatpractitioner-

(a) has been convicted of an offence punishablewith imprisonment, the commission of whichin the estimation of the Institute dishonors orscandalizes the calling of a suppliespractitioner; or

(b) has been convicted of an offence under PublicProcurement Disposal Act. 2005, the AntiCorruption and Economic Crimes Act. 2003 orany other existing law;

(c) has been guilty of gross negligence ormalpractice in respect of his calling: or

(d) has been guilty of other impropriety orprofessional misconduct; and for the purposesof this Act a member shall be guilty ofprofessional misconduct if the member-

(i) willfully fails to follow professionalprocurement and supplies managementstandards and ethical guidelines;

(ii) misappropriates funds or any propertyentrusted to the member:

(iii) knowingly procures goods, works or

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services at inflated prices;

(iv) deliberately fails to keep proper records ofall transactions undertaken in the course ofduties;

(v) discloses information acquired in thecourse of duty of any other person withoutthe consent of the employer or client orother than requi red by law;

(vi) is involved in any corrupt practice;

(vii) engages in activities which are contrary tothose for which registration and orlicensing as a supplies practitioner wasobtained under this Act;

(viii) is found guilty of fraud or any dishonestact;

(ix) allows any person to practise in the nameof the member as a supplies practitionerunless such a person is the holder of aregistration certificate and license;

(x) enters for the purpose of or in the courseof practising as a supplies practitioner, intopartnership with a person who does nothold a license or secures any professionalbusiness through the service of such aperson or by means not open to a suppliespractitioner;

(xi) pays or allows or agrees to pay directly orindirectly, to any person (other than apartner, a retired partner or the legalrepresentative of a deceased partner) anyshare, commission or brokerage out of thefees for, or profits of, such member'sprofessional services;

(xii) being concerned therein, in a professionalcapacity, expresses an opinion on a matterwithout obtaining sufficient informationon which to base the opinion;

(xiii) fails to keep the funds of a client in aseparate banking account or to use anysuch funds for purposes for which they areintended; or

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No. 17

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NO.3 nf2003.

(xiv) does or fails to do any other act which maybe prescribed.

(2) The suspension of registration, removal from theregister and other penalties or disqualifications imposedunder this section shall subsist for a period not exceedingtwo years:

Provided that the Council may in exceptionalcircumstances extend the suspension period for a longerterm:

Provided also that in the case of the circumstancescontemplated by section 16 (5) (a) and (b) of this Act theremoval from registration, suspension, revocation of licenseor other penalty or disqualification shall subsist for thelongest period of disqualification from holding publicoffice imposed on offenders convicted of an offence underthe Anti-Corruption and Economic Crimes Act, 2003.

(3) A person whose conduct is the subject of inquiryor disciplinary proceedings shall be afforded a fairopportunity of being heard either in person or hy anadvocate.

(4) In the discharge of its functions under this Act. theDisciplinary Committee may administer oaths and, subjectto any regulations made under this Act enforce theattendance of persons as witnesses or production of booksand documents.

(5) The Disciplinary Committee shall discharge itsfunctions in accordance with principles of fairness withoutundue regard to technicalities and rules of evidence

(6) Any person whose name has been removed from aregister or whose license has been revoked or suspendedshall forthwith surrender to the Institute his certificates ofregistration or license and. any person who fails to do soshall be guiItyof an offence.

(7) Any person aggrieved by the decision of theDisciplinary Committee may appeal against that decision tothe High Court whose decision shall be tina\.

(8) The Chief Justice may make rules governingappeals under this section and providing for the tees to bepaid, the scale of costs of any appeal and the procedure tobe followed therein

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Supplies Practitioners Management No. 17PART V-FINANCIAL PROVISIONS

24. The funds of the Institute shall comprise-

(a) such moneys as may accrue to or vest in theInstitute in the course of the exercise of itspowers or performance of its functions underthis Act;

(b) all moneys from any other source provided for,donated or lent to the Institute;

(c) (c) such proportion of the fees charged by theExaminations Board under section 13 (h) ofthis Act; and

(d) such funds as may accrde to the Institute fromthe Public Procurement Oversight Authorityunder and in furtherance of sections 9 (c) (iii)and 18 (5) (d) of the Public Procurement andDisposal Act, 2005.

25. The Institute may invest any of its surplus funds insuch a manner and in such institution as the Council maydetermine.

26. The financial year of the Institute shall be theperiod of twelve months ending on the thirty-first ofDecember in each year.

27. Before the commencement of each financial year,the Institute shall cause to be prepared estimates of revenueand expenditure of the Institute for that financial yearconcerned and in particular, shall provide for-

(a) the payment of salaries, allowances and othercharges in respect of the staff of the Institute;

(b) the payment of pensions, gratuities and othercharges in respect of retirement benefits which arepayable out of the funds of the Institute;

(c) the acquisition, maintenance, repair andreplacement of the equipment and other moveableproperty of the Institute.

Funds of theInstitute.

No.3 of 2005.

Investment offunds.

Financial year.

Annual estimates.

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Accounts and audit. 28. (I) The annual estimates shall be approved by theInstitute before the commencement of the financial year towhich they relate:

Provided that once approved, the sum provided in theestimates shall not be increased without the prior consent ofthe Institute.

(2) The Institute shall cause to be kept all properbooks and records of account of the income, expenditure,assets and liabilities of the Institute.

(3)Within a period of four months from the end of thefinancial year, the Institute shall submit to the members ofthe Institute at an annual general meeting or special generalmeeting convened for that purpose the audited accounts ofthe Institute together with-

(a) a statement of the income and expenditure of theInstitute on the last day of that year; and

(b) a statement of the assets and liabilities of theInstitute on the last day of that year.

(4) The accounts of the Institute shall be audited byan auditor duly appointed at the Institute's annual generalmeeting.

PART VI-MISCELLANEOUS PROVISIONS

Offences by 29. (l) Any person who not being eligible to bePersons ~ot eligible registered or licensed under this Act uses any titlet? be registered or appropriate to a person so registered or licensed or holdslicensed. hi If di I . d' 1 b ' . t dimse out irect y or In irect y as eing so regis ere or

licensed, commits an offence and is liable on conviction toa fine not exceeding one hundred thousand shillings or toimprisonment for a term not exceeding two years or toboth.

(2) Any person who, not being eligible to be registeredor licensed under this Act, practises for gain as a suppliespractitioner, commits an offence and is liable on convictionto a fine not exceeding one hundred thousand shill ings or toimprisonment for a term not exceeding two years or toboth.

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2007 Supplies Practitioners Management

30. Any person who, though eligible to be registeredor licensed under this Act, is not so registered or licensedand practises as a supplies practitioner commits an offenceand is liable on conviction to a fine not exceeding onehundred thousand shillings or to imprisonment for a termnot exceeding two years, or to both.

31. (1) Any person, being the owner, manager, traineror otherwise directly involved in the establishment ormanagement of training institution which is not approvedby the Minister for the time being responsible for educationas an institution for the training of persons seekingregistration under this Act, who--

(a) admits to the institution under his charge anyperson for the purpose of training in supplies;

(b) purports to be conducting courses of train ing orexamination under this Act or regulations madethere under;

(c) issues any document, statement, certificate or sealimplying that the holder thereof has undergone acourse of instruction or has passed an examinationprescribed by the Institute; and

(d) issues any document, statement or seal implyingthat the institution under his charge is approved bythe Institute as an institution for training of personsseeking registration under this Act,

commits an offence and is liable on conviction to a fine notexceeding five hundred thousand shillings or toimprisonment for a term not exceeding three years or toboth.

No. 17

Offences by personeligible to beregistered orlicensed.

Offences bvpersons co~ductingtraining courses orexarni nationswithout authority.

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818


Employment ofunregisteredstafT.

Falsification ofregisters orrecords.

Validity ofproceedings.

Gender balance.

32. (I) Any employer who employs an unregistered orunlicensed person as a supplies practitioner shall be guiltyof an offence and is liable upon conviction to a fine notexceeding five hundred thousand shillings or toimprisonment for a term not exceeding three years or toboth.

(2) Where the employer provided in subsection (I) is abody corporate, the Chief Executive Officer of thatcorporation shall be guilty of an offence and shall be liableto the penalties provided in subsection (I).

33. Any person who willfully makes or causes to bemade any false entry in, or falsification of. any register orrecord kept under this Act, or who procures or attempts toprocure himself or any other person to be registered orlicensed under this Act by making or producing or causingto be made or produced any false or fraudulentrepresentation or declaration either orally or in writing.commits an offence and is liable on conviction to a fine notexceeding one hundred thousand shillings or toimprisonment for a term not exceeding two years or toboth

34. The Council, the Registration Committee, theDisciplinary Committee and the Examinations Board mayexercise and perform their functions notwithstanding anyvacancy among the members and the validity of anyproceedings of the Council or the Registration Committee,or the Disciplinary Committee or the Examinations Boardshall not be affected by any such vacancy or any defect inthe appointment of a member.

35. In nominating any of the persons under this Actthe nominating bodies shall have regard to gender balance.

2007819


36 The Minister may, in consultation with the Council,make regulations generally for the better carrying out of theprovisions of this Act and to provide for the following-

(a) the form and method of keeping the registers andrecords under this Act;

(b) the conditions of admission to the registers and ofthe issue of licenses;

(c) the manner in which the training of the personsfor whom provision is made in this Act isregulated;

(d) the subject matter of training courses andexaminations to be conducted by the Institute;

(e) the conditions of admission for entry to trainingcourses and examinations to be conducted by theInstitute;

(t) the standards and conditions of professionalpractice of persons registered or licensed underthis Act;

(g) the fees payable in respect of examinationsregistration, issue of licenses, and in respect ofother matters under this Act;

(h) the summoning of meetings of and the direction ofthe proceedings of the Council;

(i) any other functions as may be necessary for theproper administration of the Act.

37. Any person who-s-

(a) gains access to examinations material andknowingly reveals the contents, whether orally,in writing or through any other form, to anunauthorized party, whether a candidate or not;

(b) willfully and maliciously damagesexaminations materials;

(c) is not registered to take a particular Board'sexamination but with intent to impersonate,presents or attempts to present himself to takethe part ofan enrolled candidate;

Regulations.

Examinationoffences.

No. 17

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(d) presents a forged certificate to a prospectiveemployer or to an institution of learning withintent to gain employment or adm ission; or

(e) introduces unauthorized material in theexaminations room whether in writing or inany other form, whether a candidate or not,

shall be guilty of an offence and liable to imprisonment fora term not exceeding three years or to a fine not exceedingone hundred thousand Kenya shillings or to both suchimprisonment and fine.

FIRST SCHEDULE (s.6)

PROVISIONS AS TO THE CONDUCT OF BUSINESSAND AFFAIRS OF THE COUNCIL

Committees and 1. (1) The Council shall establish such committees asco-opted advisors. it may deem appropriate to perform such functions and

responsibilities as it shall determine, but all findings ofsuch committees shall be presented to the Council for itsconsideration and determination.

(2) The Council may at its discretion, at any time andfor any length of time, invite any person to attend any of itsdel iberations but such person shall not be entitled to voteon any matter at any meeting of the Council.

Meeting ofCouncil.

2. (I) The Council shall meet at least four times inevery financial year.

(2) The chairman shall preside at every meeting of theCouncil, at which he is present, but in his absence, themembers shall elect one of their numbers who shall, withrespect to that meeting and the business transacted thereat,have all the powers of a chairman.

(3) Unless a unanimous decision is reached, a decisionon any matter before the Council shall be by a majority ofvotes of the members present and in the case of an equalityof votes, the chairman shall have a casting vote.

(4) The quorum for the conduct of the business of theCouncil shall be five members.

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3. (1) A member of the Council other than an exofficio member shall vacate office on any of the followinggrounds-

(a) upon the expiry of his appointment:

(b) upon his death;

(c) ifhe is adjudged bankrupt;

(d) if he is sentenced for any offence against anywritten law to a term of imprisonment of sixmonths or more;

(e) if he is convicted of an offence "involving fraud,dishonesty or moral turpitude;

(0 if he is absent, without permission of the Councilfrom three successive meetings of the Council ofwhich he has received notice;

(g) upon notice in writing of his intention to resign hisoffice;

(h) if in the opinion of the Council, he becomes byreason of mental or physical infirmity incapableof performing his duties as a member of theCouncil; or

(i) upon the commission of an offence under this Act.

4. If a member of the Council has any interest direct orindirect in any application or other matter which is thesubject of consideration at a meeting of the Council. themember shall at the meeting, disclose the fact to theCouncil and shall take no part in the consideration ordiscussion of or vote on any question with respect to theappl ication or the other matter.

SECOND SCHEDULE

TRANSITIONAL PROVISIONS

1. The Executive Board of the Kenya Institute ofSupplies Management existing before the enactment of thisAct shall assume the responsibilities imposed on theCounci I and the Registration Committee by this Act as anInterim Council and Interim Registration Committee untilthe first elections held under this Act.

Vacation ofoffice.

Disclosure ofinterest.

No.1'

822Supplies Practitioners Management 2007

2. The Chairperson elected at the last annual generalmeeting of the Institute shall continue to act as Chairpersonof the Institute until the first elections held under this Act.

3. The Interim Council shall facilitate the registrationof members of the Institute and the convening of the firstannual general meeting at which Council members shall beelected.

4. The first annual general meeting of the Instituteshall be convened by the Interim Council within a period oftwelve months of the commencement of this Act.

s. Any supplies practitioner carrying out any businesscontrary to this Act shall ensure that the business iscompliant with the Act within twelve months of thecommencement of this Act.

6. Any examinations currently being conducted by anystatutory body for the purpose of qualifying suppliespractitioners shall be transferred to the Examinations Boardwithin twelve months of the commencement of this Act.

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