THE DRAFT NATIONAL DESIGN BILL – 2013

Draft 3- March2014 Edition

THE DRAFT NATIONAL DESIGN BILL- 2013

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY

1.0.        Citation

2.0.        Interpretation

PART II THE KENYA INSTITUTE OF DESIGN

3.0.        Establishment and incorporation of the Institute

4.0.        Legal status of the Institute

5.0.        Headquarters of the Institute

6.0.        The objectives of the Institute

7.0.        The powers of the Institute

 

PART III PROVISIONS RELATING TO REGISTRATION, MANAGEMENT AND GOVERNANCE

 

REGISTRATION

8.0.        Membership to the Institute

9.0.        Qualification for chapter membership

10.0.      Registration of design firms

MANAGEMENT

11.0.      Management of the Institute

12.0.      Appointment of the registrar

13.0.      Staff of the Institute

14.0.      Powers of the Governing Council

17.0.       Procedures to the Governing Council

18.0.       Eligibility for office on the Governing Council

 

GOVERNANCE

19.0.    Establishment of the Institute Chapters

21.0.     Governance of the Institute Chapters

22.0.     Functions of Chapter Membership Committee

24.0.     Establishment of Design Registration Board

25.0.     Composition of Design Registration Board

26.0.     Functions of Design Registration Board

27.0.     Powers of Design Registration Board

PART IV. PROVISIONS RELATING REGISTRATION

 

28.0.    Registration fees and annual membership fees

29.0.    Categories of registration

30.0.    Restrictions on registration of foreigners

31.0.    Temporary registration

32.0.    Registration certificate

33.0.    Renewal of registration certificate

34.0.    Suspension of a registered person

35.0.    Cancellation of a registered person

36.0.    Roll of members

37.0.    Duration and termination of a registered member

39.0.    Rights of members

40.0.    Liabilities of members

41.0.    Ceasing to be a member

42.0.    Removal from the register

43.0.    Readmission

44.0.    Publication of registration

 

PART V-FINANCIAL PROVISIONS.

45.0.     Funds of the Institute

46.0.     Calendar of the institute

47.0.     Financial estimates of revenues and expenditure

48.0.     Investment of institutes fund

49.0.     Books and records of accounts

 

PART VI PROVISIONS RELATING TO OFFENCES AND PENALTIES

50.0.     False registration or membership

53.0.     Prohibition of employment of unregistered person

56.0.     professional misconduct

57.0.     Establishment and powers of disciplinary committee

58.0.     Recommendations disciplinary committee

59.0.     Appeal

 

 

PART VII PROVISIONS RELATING TO ASSOCIATIONS AND DISSOLUTION.

60.0.     Dissolution of the institute

61.0.     Other Kenyan local institutes/ boards/ bodies and international

64.0.     Endorsements

65.0.     Establishment of National Centre of Design Excellence

 

PART VIII- GENERAL PROVISIONS

66.0.     Common seal

67.0.     Fines

69.0.     Offences by persons eligible to be registered.

70.0.     Powers to make Regulations

72.0.     Protection from liability

74.0.     Transitional provision

 

PART IX- PROVISIONS RELATING TO MEETINGS OF THE INSTITUTE PART X- MEMORANDUM OF OBJECTS AND REASONS

PART I-PRELIMINARY

Short title and

1. 1. This Bill may be cited as The Draft National Design Bill commencement. Interpretation.

2013 and shall come into operation on such date as the Cabinet Secretary may, by notice in the Gazette, appoint.

2. 2. In this Bill, unless the context otherwise requires-: “Institute” means the Chartered Institute of Design-Kenya and is the only representative body in Kenya for registered professional designers established under Part II of this Bill.

(a)   “Cabinet Secretary” means the Cabinet Secretary for the time being responsible for matters relating to Design;

(b) “The Governing Council” mean the council members constituted pursuant to Section 11 of this Bill.

(c) Gender- “He, him and “his” shall also be understood to mean “she” and “hers” throughout this Bill.

(d)   “The Design” the design and/or the details of the design are the designer’s conclusion as to the means by which the required properties of a system or artifact or aggregation of artifacts may

be provided.

 

(e)     “Designer” means a person who has undergone the prescribed course of training in an approved institution by the institute and holds a diploma, higher diploma or degree in design the Governing Council deem relevant to the Institute; and practices design under this

Bill.

(f)   “Registration Certificate” means an acknowledge document of identification that the institute give to members who have met the requirements stated by the institute and attains certification.

(g) “Registered designer” means a designer who practices design for reward and who is recognized as such by the

Institute.

(h)     “Register”    means     the    register of professional designers maintained pursuant to Section 37 of the bill;

(i)      “Foreign person” means a person who is not a citizen or a permanent resident of Kenya;

 

PART II-THE KENYA INSTITUTE OF DESIGN

 

Establishment and incorporation of the Institute

Legal status of the institute

 

Headquarters.

 

Objectives of the Institute

3. 3. (a) There is established an institute to be known as the Kenya Institute of Design.

(b) The abbreviated form shall be KIDE.

(c) This Bill hereby establishes Chapters to be determined by the Governing Council.

4. 4. The Institute shall be a body corporate with perpetual succession and a common seal with all the powers of a persona-in-law and shall be capable in law of suing and being sued in its corporate name and of acquiring, purchasing, holding or disposing of property, movable and unmovable, borrowing money, and of performing all such acts as are necessary for or incidental to the carrying out of its objectives and the performance of its functions and duties in terms of its Bill.

5. 5. The headquarters of the institute shall be in Nairobi, but the

Institute may establish offices at any place in the Republic of Kenya.

6. 6.     The objectives   of the Institute shall be to establish, promote, maintain and:

(a) Publish, the standards of professional competences and practice amongst design professionals;

(b) register persons who meet the required professional and ethics standards;

(c) develop and foster national and international collaborations through local associations and international design associations;

(d) promote the economic benefits and general awareness of

good design to Government, industry and commerce at all levels; and

(e) Promote research and development in design practice and related matters.

 

 

Powers of the Institute

7. 7. The Institute shall have powers:

(a)   to register, compile, revise and publish lists and registers of persons who meet the required professional and ethics standards;

(b)   to initiate, encourage, promote or oppose any legislation affecting the interests of the design profession;

(c)   to subscribe to, become a member of and co-operate with any organization whose objectives are altogether or in part similar to those of the Institute and to procure from and communicate to such organizations any information as may be likely to forward the objectives of the Institute;

(d)   to assist in the settlement of   disputed points of professional practice in accordance with the code of professional conduct established by this bill;

(e)     to establish, determine, monitor, publish and prescribe

the standards of professional competence and practice amongst design professionals;

(f)   to censure, suspend or expel a member who has been found guilty of unethical conduct;

(g)   to conduct, assist, promote or encourage research in design practice and related matters, and to publish the results where

desirable;

 

(h) to convene seminars, conferences and any other gatherings or meetings as and when considered necessary;

(i)      generally to act and implement actions as may be

required for the achievement of its objectives as laid down in this bill;

(j)     to promote or oppose, undertake or assist either financially or otherwise, so far as may be lawful, any litigation affecting the Institute or its members or profession;

(k)   to determine and prescribe what conduct on the part of a member constitutes unethical conduct and enquire into and deal with any case of alleged unethical conduct in accordance with the code of professional conduct pursuant to the bill;

(l)   to refer any external party who may require the services of one or more of the Institute’s members. The list of all members or a selected list of names of members may only be sold or supplied to an external party who approaches the Institute upon approval by the Governing Council;

 

 

 

(m) to   compile, arrange and promote the adoption of equitable forms of contract and other documents used in the practice of design;

(n) to procure information for members as to the standing responsibility of parties with whom they propose to transact business in accordance with local and international trends;

(o)     to advice on curriculum development and enhancement

practices on matters relating to study and examination standards and professional practices in design profession;

(p)   to hold examinations and prescribe tests of competency deemed appropriate to qualify for membership and registration by the

Institute;

(q) to take such steps with regard to the publication, distribution and disposal of journals, papers, lectures and other forms of printed matter as it may deem necessary, and generally to publish information of design service or interest to members and the public;

(r)   to receive, hold and administer any donations, bequests or endowments consisting of property of any description, which may be given for the furtherance of any of the objectives of the Institute;

(s)   to open an account or accounts with any registered financial institution and to draw, accept and endorse bills, cheques, promissory notes and other negotiable instruments;

(t)      to borrow, lend or raise money with or without security

and, if secured, by means which may include mortgage of Institutes property or by overdraft from its bankers;

(u)     to improve, develop, manage, sell, exchange, lease,

donate, subdivide, consolidate, dispose of, turn to account or otherwise deal with all or any part of the property and rights of the Institute;

(v)     to secure insurance or other cover indemnifying the

Institute against any contingent losses or claims howsoever arising;

(w) to effect such insurance as may be necessary for the protection of the Institutes’ property;

(x) to apply the incomes and profits of the Institute from whatever source derived, solely towards the promotion of the objectives of the Institute as set forth in this Bill and no portion thereof shall be paid or transferred directly or indirectly by way of dividend or bonus or otherwise – or in any manner whatsoever – to any member or members; provided that nothing herein shall prevent the payment in good faith of remuneration to any officers or servants of the Institute or to any member of the Institute or other person in return for any services

 

 

 

actually rendered to the Institute as authorized by the Governing

Council;

(y)   to provide opportunities for and organize the holding of permanent or periodic exhibitions either of the work of members or any works of interest or service to its members.

(z) to undertake, grant, accept and/or operate any trusts, scholarships, bursaries, awards and   prizes that may lawfully be undertaken by the Institute and may be conducive to its objectives;

(aa) establish national grants for basic design research;

(bb) to host, endorse, promote, assist and encourage the holding of open or limited competitions provided that the rules, organization and judging of such competitions are in sympathy with the objectives of the Institute and in conformity with the requirements of any other body deemed interested or partnered to undertake such competition;

(cc) to purchase, take on, lease or in exchange, hire or

otherwise acquire any movable or immovable property, rights or privileges;

(dd) to invest any monies of the Institute not immediately required for any of its objectives or commitments in such a manner as may from time to time be determined, provided that the incomes or profits from any investment shall be applied to the furtherance of the objectives of the Institute;

(ee) to advise the Design registration board on matters

relating to registration;

(ff) to cause to be designed and registered a seal and/or other symbols of the Institute and to prescribe for the use of such seal and/or other symbols;

(gg) to make regulations, rules, and/or laws and from time to time alter, amend or rescind the same, for the carrying out of the business of the Institute and to provide for all other matters, which in terms of this Bill may be prescribed;

(hh) to guarantee the performance of any official obligation

by any officer or servant of the Institute whilst carrying out his duties as such as authorized by the board in the interests of the Institute;

(ii)   to charge a registration fee and such other fees or special levies as may be necessary and to waive, reduce or increase any such fee or levy in any case which may appear to merit such consideration;

 

 

 

(jj) to charge an   annual subscription payable by each member and to waive, reduce or increase subscriptions in any case which may appear to merit such consideration.

(kk) to determine travelling and subsistence allowances payable to members or officials attending meetings of the board, secretariat or of any committee thereof, to members or officials performing any special services and to any member or official authorized by the board to visit any place in the interests of the Institute;

and

(ll)    carry out any other functions prescribed for it under any provisions of this Bill or under any other written agreement

 

 

 

PART III-PROVISIONS RELATING TO REGISTRATION, MANAGEMENT AND GOVERNANCE.

 

 

REGISTRATION

 

 

 

 

Membership to the Institute

 

 

Qualification for chapter membership

 

 

 

 

 

 

 

 

 

Registration of design firms

8. 8. The registration to the institute shall comprise registered members from the Chapters established by this bill;

 

 

9. 9. Subject to the provisions of this bill, a person shall be eligible for chapter membership registration if;-

(a) the chapter is hereby established by the institute;

(b) is a holder of a degree, diploma or its equivalent from a university or college, or any other institution recognized by the Institute;

(c) is a citizen or a permanent resident of Kenya; and

(d) Any other qualification prescribed by the Chapter.

 

 

10. 10. Subject to the provisions of this Bill, a person shall register a design firm;-

(a) after the firm has provided a certificate of registration of

business name or certificate of incorporation;

(b) after providing the firm’s profile of activities;

(c) if the firm has at least one partner or principal shareholder who is registered as a design professional and who has   a valid registration certificate; and

(d) after the person or the firm fulfils any other condition as may be stipulated by the Design Registration Board.

 

 

 

 

 

MANAGEMENT.

 

Management of the Institute

 

 

 

Composition of the governing council

 

11. 11. Management of the Institute is vested solely in the

Governing Council, which is hereby constituted.

 

 

(a) The composition of the Governing Council, is;-

 

 

(i) Chairperson who shall be a qualified design professional with at least five year experience in design, elected by members of the institute in the manner prescribed by regulations

(ii) The Principal Secretary in the Ministry for the time

being responsible for matters relating to Design or a     representative designated in writing by the Principal Secretary;

(iii) Persons who shall be with knowledge and experience in design, nominated by various entities whom;-

    Each chapter Secretary General established by

the governing council;

    One shall be a public officer from a public body responsible for matters relating to Design;

    One shall be a representative of Universities

offering Design Course in Kenya which is registrable under this bill;

    One shall be a representative of offering Design

Course in Kenya which is registrable under this bill;

(iv) The Institute Registrar.

 

 

(b) A person shall not be appointed a member of the Governing Council under sub section (a)(i) and (a)(iv) unless that person is a registered designer under this bill;

(c) A Member appointed to the Institute under sub section

(a)(i) and (a)(iv) shall hold office for a period of three years and shall be eligible for re-appointment for a further and final term of three years.

(d) An appointment    under sub section (a)(i) and (a)(iv)

shall be by name and notice in the Gazette.

 

 

 

 

 

 

Appointment of the registrar

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Staff of the

Institute

12. 12. (a) there shall be the Registrar of the institute who shall be competitively appointed by the governing council, and whose terms and conditions of service shall be determined by the instrument of his appointment or otherwise in writing from time to time.

(b)     The Registrar, who may be a public officer, shall be the Chief Executive Officer and Secretary to the Governing Council.

(c)      A person shall not be appointed as registrar under this section unless such person;-

(i)     is a registered design professional;

(ii) Has had at least three year proven experience in design management; and

 

 

(c) The Registrar shall be an ex officio member of the

Institute but with no right to vote at any meetings of the institute

(d) The Registrar shall—

(i) maintain the register of persons registered in accordance with this bill;

(ii) sign, issue, renew and cancel certificates of registration as may be directed by the Council.

(iii) keep all documents and records including records of all assets of the Institute;

(iv) take and keep minutes of the Institute

meetings;

(v) prepare all documents due for gazettement as directed by the council;

(vi) enforce decisions of the council;

(vii) keep the seal of the council in such custody as the council may direct; and

(viii)   exercise and perform any other functions which the council may determine from time to time.

 

 

13. 13. (i) The Governing council may appoint such officers, agents and other staff as are necessary for the proper and efficient discharge of the functions of the Institute and the council under this bill, upon such terms and conditions of service as the council may determine. (ii) The Institute shall pay its members such fee,

allowances and disbursements for expenses as may be determined by the

 

 

 

governing upon the advice of a public body entity identified by the governing council.

 

 

 

 

Powers of the Governing Council

14. 14. The Institute is managed and controlled by the Governing Council and, as the executive body of the Institute, the powers as mentioned pursuant to sub-section 7 of this Bill are embodied in the Governing Council and, without deviating in any way from the generality of this power, the council shall;-

 

 

1. a. control the financial affairs of the Institute and make such levies on and grants to regions of the Institute as may be necessary;
2. submit annually to the AGM a report on the affairs of the

Institute and the profession;

1. c. submit audited statements of accounts of the Institute.
2. determine annually the subscriptions payable by all categories of members and by each member;
3. e. make regulations not inconsistent with this Bill;
4. f. confer disciplinary committee the authority to define what shall constitute unprofessional conduct on the part of any of the Institute’s members pursuant to the bill and determine the mode of inquiry into and the method of dealing with such conduct and the penalties which may be imposed upon any member found guilty of such

conduct;

 

1. g. prescribe the mode and method of enquiry into unethical conduct on the part of any member and the conditions to be imposed in respect of such conduct pursuant to sub section (14)(f) ;
2. h. confer Design Registration Board the authority to provide

the definition and requirements for all categories of registration of the Institute and accept or reject, without prejudice, any application for any category as so defined;

1. i. notify the chapters of the institute of any changes in the roll of their members, changes in members’ addresses, practices, and related matters;
2. j. Hold a referendum of members on any matter affecting the Institute or the profession;
3. Appoint members or a member of the board(s) or any other member or members of the Institute or any other person to represent the Institute or any other body pursuant to sub section 62 of this Bill;

 

 

 

1. l. Appoint adhoc committees, delegate any of their powers or duties to any person or persons and prescribe rules for regulating their proceedings, including-

m.The evaluation of all applications for all categories of registration of the Institute pursuant to sub section 29 of this Bill;

1. n. The evaluation of all cases of alleged unethical conduct pursuant to sub section 57 of this Bill; and
2. o. In all matters not herein defined or described the board shall take such action and make such decisions in the interests of the Institute and the profession as it deems fit so long as such actions and decisions are not in conflict or at variance with any of the provisions of this Bill.

 

 

15. 15. The Governing Council may adjust the compilation or create an additional portfolio or chapter if needed.

 

16. 16. The Governing Council may, on advice of the registrar, engage on behalf of the institute, the services of experts or consultants in respect of any of the functions of the institute in connection with which they are considered to have special competence.

 

 

 

Procedures to the governing council

 

 

Council;

17. 17. Certain Procedures are Common to the Governing

 

 

 

(a) Notices for Convening a national AGM.

(b) The registrar shall send out such notices not less than three full weeks prior to the date of the Annual General Meeting.

(c) The Notices shall furnish the following information:

1. i. Agenda of the meeting.
2. ii. Names of candidates for office together with names of the proposer and seconder and a statement from those nominated, with their CV.

(d) The Registrar of the Governing Council will hold a second or casting vote.

(e) Retirement of elected office bearers and other Governing

Council members

(i) On completion of a 3 year term of office all such persons shall retire. They may offer themselves for re-election for another 3 year term totaling a maximum of 6 years.

(ii)

 

 

 

 

 

Quorum at

National AGM

 

 

 

 

Voting at national annual general meetings

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Eligibility for office on the Governing

Council

(f) A quorum in the case of national AGM shall be 50% of eligible attendees. In the event of no quorum being present within half an hour of the time called for the meeting, it shall be adjourned for one week and then be considered properly constituted, irrespective of attendance.

(g) Voting for election shall be by secret ballot.

(i)     Voting on resolutions shall be by a show of hands.

(ii) Decision shall be by simple majority.

(iii) The registrar of the Governing Council and the chairperson will hold a second or casting vote.

 

 

(h) The Governing Council is required by this bill to hold an annual general meeting once every year, for the purpose of;-

 

 

(iii) Hearing the annual reports of the retiring office bearers if any;

(iv) Electing new office bearers if applicable; and

(v) Receiving, deliberating and voting on resolutions from governing council.

 

 

18. 18.   All fully paid members of good standing are eligible to be elected as an office bearer to the Governing Council.

 

 

 

GOVERNANCE

 

Establishment of the institute chapters

 

19. 19. (a) There is hereby established chapters of the institute which shall be formed by the Governing Council after meeting regulations governing formation and management of such chapters.

(b) A person wishing to be registered with the Institute shall first apply to the relevant chapter.

(c) Application for chapter membership shall be made to its membership committee on the prescribed form and accompanied by such other information as the committee may require.

(d) An application under this section shall be made in

the prescribed manner and form and shall be accompanied by the prescribed fee.

 

(e) Where an application is made by a person in accordance with this section and the chapter membership committee approves the application, the committee shall recommend the applicant to the Design Registration Board hereby constituted without issuing any form of certificate.

 

 

 

 

 

20. 20. All members of the chapters shall conduct their duties in a manner that will encourage respect, confidence and trust among professionals, the industry and general public. Members of any chapter, their employees and clients are expected to abide by this bill and its

regulations hereby developed and other legislations in the country.

 

 

Governance of the institute chapters

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Functions of chapter membership committee

21. 21. (a)   Chapter members shall elect a chairperson, a secretary General and three other persons not of same gender to oversee the welfare of the Chapter.

(b)     the officials elected pursuant to sub section 21(a)

shall serve a renewable 2 year term

(c)     The Secretary General shall be the Executive

Officer who shall oversee the functions of the chapter.

(d)   He shall, with the consent of members, coordinate the welfare, endorsements, adherence to the code of practice of principal members of the chapter.

(e) The Secretary General shall oversee all other appointment required by the chapter as provided for by the regulations

(f)   the institute registrar shall serve as the Secretary to all chapters committees and may, with the consent of the person presiding at a meeting, take part in the deliberations on any matter arising at the meeting, but shall not be entitled to vote on any such matter.

 

 

22. 22. The functions of the Chapter membership committee shall include;-

 

 

(a) receiving applications for membership in accordance with the provisions of this Bill;

(b) monitoring   compliance   with   professional   quality assurance and other standards published by the Governing Council for observance by the members of the Institute during membership registration process;

(c) prescribing regulations to govern quality assurance programmes, including actions necessary to rectify deviations from standards during members registration process;

(d) advising the Governing Council on matters pertaining to

membership     registration    and     other standards necessary for the achievement of quality assurance and;

 

 

 

(e) Performing any other functions connected therewith or incidental thereto.

23. 23. The governing council has powers to abolish any existing chapter(s) if it’s proved to be unable to undertake its duties, and meet

such regulations governing its abolishment.

 

 

 

 

 

Establishment of Design Registration Board

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Composition of Design Registration Board

24. 24. There shall be establishment of an Institute board known as the Design Registration Board.

(a)     A person wishing to be a registered designer with the

Institute shall upon successful membership registration by the relevant chapter membership committee established pursuant to section 20 of the bill, apply to the Design Registration Board to be considered.

(b) An application made pursuant to 24(a) shall be accompanied with certified copies of certificates and other documents as are necessary to prove qualification for registration.

(c)     The Design Registration Board shall, with the consent of

the Governing Council, have powers of doing or performing all such things or acts necessary for the proper performance of its functions under this bill, which may lawfully be done by the Institute.

 

 

25. 25. The Design Registration Board shall consist of;-

 

 

(i)       A chairperson appointed   by the council from amongst members of the council;

(ii)     One person nominated by each of the Chapters established by this bill;

(iii)     Each of the Secretary Generals of the chapters of the institute;

(iv)        The Chief Designer who shall represent the Cabinet

Secretary responsible for matters of Design.

(v)       One representative of the universities and colleges in Kenya which award a qualification which is registrable under this Bill, nominated by the universities and colleges ;

(vi)     the Registrar of the Institute who shall serve as the secretary to the Board and may, with the consent of the person presiding at a meeting, take part in the deliberations on any matter arising at the meeting, but shall not be entitled to vote on any such matter; and, or

(vii)     One person nominated by a professional body the governing council shall deem relevant for the Institute.

 

 

 

 

 

Functions of Design

Registration Board

 

to;-

26. 26. The functions of the Design Registration Board shall be

 

 

 

(a) receive, consider, make decisions on applications for registration and register approved applications;

(b) prescribe and regulate syllabuses of instructions for design professional examinations;

(c) prepare and conduct examinations for persons seeking registration under this bill;

(d) make rules with respect to examinations;

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

(f)    keep and maintain the roll of members;

(g) publish the names of registered persons under this bill;

(h) issue registration certificates and other awards to qualified persons who have satisfied registration requirements;

(i)    assess, approve or reject design qualifications of foreign persons intending to offer professional design services or works;

(j)    evaluate other design   programmes both local and foreign for recognition by the institute

(k) In consultation with the approved institutions, prescribe the course of instruction for designers and design assistants;

(l)    recommend approvals of institutions other than those

established or accredited under the Universities Act 2012 for the training of designers and design assistants governed by the bill; and

(m) doing     anything    incidental     or     conducive     to    the

performance of any of the preceding functions.

 

 

 

 

Powers of Design registration board

27. 27. The Design Registration Board may from time to time, with the consent of the Governing Council, and by notice in the Gazette approve qualifications, which it considers sufficient to allow a person to be registered, and may, in same manner, withdraw that approval.

 

 

 

 

PART IV- PROVISION RELATING TO REGISTRATION.

 

 

 

 

Registration fees and annual membership fees

28. 28. Every application for registration shall be made through to the Design Registration Board.

 

 

(a) The board shall determine annually the registration fee payable by all categories of members and shall inform each member of the subscription due by him;

(b) The annual registration fee for any year shall be due on

the 1st August of each year. Members who join the Institute after 1st August will be charged an appropriate addition in proportion to the annual amount due;

(c)The Design Registration Board with the consent of the Governing Council , have the power to waive, reduce or remit any fee or subscription;

(d) The Design Registration Board shall, with the approval

of the Governing Council, have the further powers to make a special levy upon members for special purposes.

 

 

 

 

 

Categories of registration

 

Category of practicing members

 

members.

29. 29. The Institute comprises practising and non-practising

 

 

The categories of practising members are:

 

 

(a) Registered Design Assistant.

 

 

 

 

 

Qualification for registration

 

 

 

 

 

 

 

 

 

 

 

Qualification for registration

(i)   Any person who has obtained a minimum full time three-year qualification from an accredited educational institution and a minimum of one year practical experience and has satisfied the Design Registration Board of his professional competence and suitability and by compliance with the requirements set out in the application form.

(ii) The applicant must have been nominated by the membership committee for consideration in this category.

 

 

(b) Registered Designer.

(i) Any person who has obtained a minimum full time four- year degree from an accredited educational institution with a minimum of one year practical experience and has satisfied the Design Registration Board of his professional competence and suitability and by compliance with the requirements set out in the application form.

 

 

 

(ii) The applicant must have been nominated by the relevant chapter for consideration in this category.

 

 

 

 

 

 

Qualification for registration

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Qualification for registration

 

 

 

 

 

 

 

 

 

 

 

Qualification for registration

(c) Registered Design Educator

(i) Any person who has obtained a minimum four-year qualification from an accredited institution and a minimum of three years teaching experience or served a minimum of five years in the public sector and whose primary source of income is derived as an educator in any of the Design disciplines certified by the institute may apply for registration in this category. The applicant will have to satisfy the Design Registration Board of his competence and compliance with the requirements set out in the Institute’s application form.

(ii) Any person intending to apply as a Design Educator and who has not yet qualified for the minimum 5 years teaching experience needs to apply as a registered designer.

(iii) The applicant must have been nominated by the

membership committee for consideration in this category.

 

 

(d) Corporate Member

(i) Any design consultancy firm or design department that has been practising design for a minimum of three years and employs three or more registered designers that meet all eligibility requirements and that satisfies the Design Registration Board of its professional commitment and suitability by compliance with requirements set out in the application form, may apply for this category.

 

 

(e) Student Member

(i) The student category applies to students of certified design discipline approved by the institute with a minimum of three years of study successfully completed.

(ii) The category also applies to design assistant students of who have completed a two-year full time course.

(iii) Student members will not hold a voting right in the

 

Institute.

 

(iv) Student members of the institute will be allowed to be

 

registered members for a maximum of two years after which the membership automatically expires.

(v) Student members of the Institute will have to reapply to the Institute for full registration. Acceptance of such registration is up to

 

 

 

the process of application at the discretion of the Design Registration

Board.

 

 

Category of non practicing members

 

 

 

Qualification for registration

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Qualification for registration

The categories of non-practising members are:

 

 

(a) Honorary Fellow

(i) Honorary Fellowship is awarded to distinguished persons whom the Institute wishes to honour and so elect because of their significant impact on or contribution to the Institute and, or the Design profession.

(ii) Any person who is not qualified to be nominated for practising membership but who is a person of distinction whom the council wishes to honour and so elect because of his services to the Institute and/or to the profession or the field of design by compliance with the requirements set out in the Institute’s application form and who has satisfied the board’s selection committee of his professional commitment and suitability.

 

 

(b) Corporate Member.

(i) Any Company, Institution or person who practices a trade or enterprise allied to but not practicing as a registered designer may apply for this category by satisfying the board’s selection committee of its professional commitment and suitability by compliance with the requirements set out in the application form.

(ii) A minimum of three years trading experience is

 

required.

 

(c) Education Member

(i) Any educational institution approved and accredited by

 

Qualification for

registration

 

 

 

 

 

 

Qualification for registration

the Commission of Higher Education in Kenya and, or offering a minimum three-year full time tertiary program in Design may apply for membership in this category.

 

 

(d) Founding Member

(i) Any statutory body, public or private, whose management body wishes to support the Institute in attaining its objectives may apply to, or be invited by the board to become a founding member of the Institute by compliance with the requirements set out in the Institute’s application form and satisfy the board’s selection committee of its professional commitment and suitability.

 

 

 

 

 

Restrictions on registration of foreigners

30. 30. A foreign person or firm shall not be registered as a professional designer or design firm unless;-

 

 

(a) in the case of a natural person—

(i) that person possesses the necessary qualifications recognized for the practice of   design as a professional designer in the country where he normally practices and that immediately before entering Kenya he was practising as a professional designer and holds a valid registration documents ; and

(ii) he is a resident of Kenya with a valid working

permit;

 

 

(b) in the case of a firm, the firm is incorporated in Kenya and a minimum of thirty one percent of its shares are held by a Kenyan citizen.

 

 

 

 

 

Temporary registration

31. 31. (a) A foreign person shall be considered for registration as a temporary professional designer if that person satisfies the Design Registration Board that;-
32. i. he is not ordinarily resident in Kenya;
33. ii. he intends to be present in Kenya in the capacity of professional Designer for the express purpose of carrying out specific work; and

iii. he possesses the necessary qualifications recognized for the practice of design as a professional designer in the country where he normally practices and that immediately before entering Kenya, was practising as a professional designer and holds a valid registration certificate from his country of origin.

 

 

(b)   An application for registration under this section shall be in the prescribed form and shall be accompanied by the prescribed fee as determined by the Design Registration Board;

(c)       The Board may require an applicant to appear

before it where it is in the process of considering his application and shall require every applicant to produce documentary evidence of his work or employment immediately prior to entering in Kenya.

(d)      The registration of a person under this section shall

be valid for the period or for the duration of the work specified by the

Board.

 

(e)     Pursuant to subsection 31(d), the Board may approve temporary registration for such period not exceeding one calendar year.

(f)     Where the expertise skills of a person registered under this section are not available in Kenya, the Design Registration Board shall notify the applicant and the applicant shall provide an undertaking that the locals shall be trained to fill the skills gap.

 

 

 

.

 

 

 

 

Registration certificate

32. 32. (a) No person shall practice as a design professional unless the person has been issued with a valid registration certificate by

the Institute.

 

(b) A person wishing to obtain a registration certificate shall apply to the Design Registration Board pursuant to sub section 24

of the bill.

(c) An application under this section shall be in the prescribed form and shall be accompanied by the prescribed fee.

(d) any person who, without reasonable excuse contravene sub section 31(a) commits an offence and shall be liable on conviction to a jail term not exceeding two years or fine not exceeding two hundred thousand shillings, or both.

(e) A certificate of registration and other identification

documents issued under this section shall remain the property of the institute.

(f)   the registration certificate issued under this section shall be valid for one year from the date of issuance and may, upon expiry, be renewed

(g)   The registrar shall enter into the Register the date of issuance of a registration certificate to every person registered under this

bill.

 

 

 

 

 

Renewal of registration certificate

33. 33. (a) A person whose registration has not been renewed for a year or a longer period and who wishes to have it renewed may apply to the Design Registration Board.

(b)     An application made under subsection (a) shall be accompanied by—

(i)   registration fees for the current practising period and at the Board’s discretion, any unpaid fees, including penalties as prescribed by the Board; and

(ii) proof of fulfillment of all applicable conditions for

renewal of a registration .

 

 

 

 

 

(c)   The Design Registration Board may, with sufficient cause, refuse to issue or renew registration and shall communicate the refusal and give reasons for such refusal to the applicant within twenty- one days of making the decision.

(d)   A person shall not be entitled to recover a charge for professional design services unless that person is registered under

this bill.

 

 

 

 

 

Suspension of a registered person

34. 34. The Board may suspend a registration certificate issued under this bill where;-

 

 

(a)     an offence under this bill in relation to the registered person is being investigated;

(b)     allegations of misconduct have been investigated

and proved against a designer;

(c)     a false declaration was made in an application for the registration certificate; or

(d)     the    registered     designer     has     contravened    any

provision of this bill.

 

 

 

 

.

 

Cancellation of a registered person

35. 35. The Board shall cancel a registration certificate where the registered person;-

(a)     is convicted of an offence under this bill or the rules

made there under; or

(b)     ceases to be qualified for the issue of a certificate

 

under this bill.

 

 

 

 

 

Roll of members

36. 36. (a) the name of every practising and fellow member shall be entered in a roll to be called the roll of member

(b)     Separate rolls shall be kept for each category of

non-practising members.

(c)     the secretary of the Design Registration Board shall cause to be kept a register which shall contain-

 

 

(i)   the names,   address, qualifications, category, chapter of practice, date of entry   and nationality of all persons issued with a registration certificate;

 

 

 

(ii)    particulars of the cancellation of the registration of any person; and

(iii)     such other particulars as the board may, from time to time, direct.

 

 

(d)   The secretary to the Design Registration Board shall keep up to date roll of members required to be kept under, or for the purposes of this Bill, subject to any directions which may from time to time be issued to him by the Governing Council.

(e)   Any person may inspect the Register and obtain from the Registrar a copy of or an extract from the Register, on payment of a prescribed fee.

(f)   The secretary to the Design Registration Board shall remove from the register;-

 

 

(i)     the names of a deceased person; and

(ii) any entry which has been incorrectly or fraudulently made

 

 

(g)   The Registrar may, from time to time, make changes or corrections in the Register relating to any entry.

(h)   Any changes or corrections in the entries made under this section shall be made by the Registrar as soon as it is practical

after receipt of notification thereof.

 

 

 

 

 

Duration and termination of a registered member

37. 37. every registered member shall remain a member, with all rights and liabilities, until his membership is terminated in accordance with the provisions of this Bill.

 

 

38. 38. (a) A person whose name has been removed from the roll of members or whose registration certificate issued under this bill has been suspended or cancelled shall not engage in the practice of design or offer professional design services or works during the duration of removal of name, suspension or cancellation of the certificate.

(b) pursuant to subsection (34 and 35), the registrar shall notify a person whose name has been removed from the Register, by registered mail sent to the address appearing in the Register against his name immediately before the removal.

 

 

 

(c) Pursuant to 38 (b) above shall not apply where a person’s name has been removed from the Register at his request or with his consent.

(d) Where a directive has been made by the Board for the removal of a person’s name from the Register, or for suspending a person’s registration under this bill, or for cancelling or suspending a certificate issued to that person under this bill, the Board may, on application in a prescribed manner by the person concerned and after holding such inquiry as the Board may consider necessary;-

(i)     cause the removal from the Register to be confirmed

and direct the surrender of the registration certificate within fourteen days after notification to that person by way of registered post;

(ii) cause the name of the person to be restored on the

Register;

(iii) terminate the suspension of the registration;

(iv) as the case may be, issue a new certificate;

(v) terminate the suspension of the existing certificate without a fee; or

(vi) terminate the suspension of the existing certificate on payment of such fee not exceeding the fee chargeable upon registration or issuance of a registration certificate or as the

design registration board may determine.

 

 

 

 

 

Rights of members

39. 39. every member in every category pursuant to sub section

29 shall receive an appropriate certificate of registration. The registration certificate shall remain the property of the Institute and shall be surrendered on demand. Every member in good standing shall be

entitled-

 

(a) To receive all notices, circulars and other documents issued to members;

(b) To receive, at the sole discretion of the board, such assistance in any matter as may be rendered in terms of this Bill;

(c) To vote on any resolution put to any general meeting of

any region of the Institute;

(d) Corporate, founding and approved educational members shall be entitled to such rights and privileges as prescribed by the Governing Council from time to time.

 

 

 

 

 

 

 

 

 

 

 

Liabilities of members

(e) Professional corporate, founding and approved educational members shall nominate and have only one person at any one time to represent them in the Institute and its chapters where necessary.

40. 40. (a) the liability of each member is limited to the amount of a subscription, levy or other debt owing by him to the Institute.

(b) all members and representative persons shall notify

the Design Registration Board of any change of address or employment, partnership or association.

(c) any member whose annual subscription, levy or other debts are not paid within 45 days of the due date, or within such further period as the design registration board may in any particular case allow, shall not be entitled to any privileges, including voting rights, and after a further period of 2 months of non-payment shall be struck off the roll of members by the board. Any monies due by a member so removed shall, nevertheless, remain a debt due to the Institute.

(d) resignation is effected by a letter received by the Design Registration Board no later than three months before the end of the financial year.

(e) Any member having retired from or no longer being actively engaged in the profession may, on application and at the discretion of Design Registration Board upon approval of the Governing Council, pay such reduced subscription as may be prescribed, provided that should such a member recommence the practice of design, he shall be liable for the full subscription from that time.

(f) Every member shall, by signature of the application

for registration, subscribe to all regulations developed by the Institute and the code of professional conduct of the Institute. Any member alleged to have breached the same shall be entitled, on summons by the disciplinary committee, answer any allegation/s. The disciplinary committee, after hearing the member shall make a finding and, failing a satisfactory explanation, may caution the member, request the member to resign or terminate the offenders membership. In any disciplinary matter the member shall have right of appeal to the next general meeting of Governing Council members.

(g) If a resignation is not received before the 3 month resignation period, the Institute will assume that the renewal is accepted. (h) A member will be allowed to cancel their membership

once the 3-month cancellation period has elapsed. However, the member will need to inform the Institute of their formal resignation in writing

 

 

 

and will be liable for a three month pro-rata cancellation fee plus the balance of fees owed to the Institute up until the date of notice of resignation.

 

 

 

 

Ceasing to be a member

41. 41. A member shall cease to be a member;-

 

 

(a) Upon receipt of a letter from the Design Registration

Board accepting his written resignation from registration;

(b) Upon failure to pay the subscriptions or due portion thereof within 60 days after such omission has been made known by the registrar, by letter addressed to such member at his last known address;

(c) Upon    expulsion     from     membership     by     the    Design

Registration Board;

(d) If any member is alleged to be guilty of a breach of the rules or of improper conduct, or if the member has in the opinion of the disciplinary committee, ceased to be a desirable member, such member shall   be called before the Governing Council or   its appointed disciplinary committee, and failing a satisfactory explanation, may be cautioned, asked to resign or be expelled;

(e) The disciplinary board shall be specifically summoned to consider questions under the above and notice shall be sent to the member at least 14 days prior to the meeting. Before coming to a decision, the board shall hear any explanation which such member may desire to give, together with any evidence in support of, such explanation tendered. No member shall be cautioned, required to resign or be expelled unless the resolution is supported by at least three- quarters of the full disciplinary board;

(f) Any member disregarding any rules or regulations of the

Institute or being guilty of conduct which is, in the opinion of the disciplinary board, contravene the interests of the Institute, shall be liable for expulsion by the three-quarters of the full disciplinary board, subject however, to a right of appeal to the next ordinary meeting of the Governing council, whose decision shall be final and binding; and

(g) No refund of any subscription or levy or part thereof shall be made to a person ceasing to be member and he/she shall, in any event, remain liable to the Institute for any subscriptions, levies or other debts or obligations due by him.

 

 

 

 

 

Removal from the register

42. 42. The Design Registration Board may, through the consent of the Governing Council, at any time, direct that a person be removed from the register;

(a) where such person-

1. i. is of unsound mind;
2. ii. requests that   the name   be removed from the register;

iii. is convicted of an offence under this bill or any other law;

1. iv. Has been found guilty and his registration suspended or revoked though disciplinary proceedings under this Bill.
2. v. is declared bankrupt;
3. vi. who causes or permits or suffers any sole proprietorship, partnership or body corporate in which he is a sole proprietor, partner, director or shareholder to practise as a firm prior to its registration by the Board or after the disciplinary committee has suspended or cancelled its registration;

vii.   any circumstances arises which; if the member were then a person applying for registration, would disqualify him under this bill   from being registered;

viii. has failed to renew his registration . and

1. ix. has failed to satisfy requirements for continuing profession development programme for the time being in force;

 

 

(b) whose name has been incorrectly or fraudulently entered.

 

 

 

 

 

Readmission

 

 

 

 

 

 

 

 

 

 

 

 

Publication of registration

43. 43. No person who has been a member of the Institute shall be eligible for re-admission to roll of registered members until he has paid all arrears of subscriptions and/or levy due by him to the Institute at the date when his membership ceased, together with any expenses which may have been incurred in respect of the above mentioned arrears and provided that his re-admission is approved by the Design Registration Board.

 

 

44. 44.   (a) the registrar shall cause to be published in the Kenya Gazette not later than the two months of every year, particulars of all registered persons or firms and their categories of registration.

(a) A publication made under this section shall be prima facie evidence that a person or firm named therein is registered under this bill and the deletion from the register of the name of any person or firm notified by such publication, or the absence of the name of any person or firm from such publication, shall be prima facie evidence that such person or firm is not so registered.

 

 

 

 

PART V-FINANCIAL PROVISIONS.

 

 

Funds of the

Institute

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Calendar of the institute

45. 45. (a) The funds of the Council shall comprise of;-

(i)   such monies as may be appropriated by Parliament for purposes of the Institute;

(ii) such monies as may accrue to or vest in the Council in the course of the exercise of its powers or the performance of its functions under this Bill;

(iii) such gifts grants and donations as may be given to

the Council; and

(iv) all monies from any other source provided for or donated or lent to the Council.

 

 

(b)     There shall be paid out of the funds of the institute any expenditure incurred by the council in the exercise of its powers or the performance of its functions under this bill.

46. 46. The financial year of the governing council shall be the period of twelve months starting on the first day of January in every

year.

 

 

 

 

Financial estimates of revenues and expenditure

47. 47. (a) The Council shall, at least three months before the commencement of each financial year, cause to be prepared estimates of revenue and expenditure of the Council for that financial year.

(b) The annual estimates shall make provision for all the

estimated expenditure of the Council for the financial year concerned

and in particular shall provide for the―

(i)   payment of salaries, allowances and other charges in respect of the members of staff or agents of the governing council;

(ii)   proper maintenance of buildings and grounds of the governing council;

(iii) acquisition, maintenance, repair and replacement of the equipment and other movable property of the Governing council;

(iv) payment of pensions, gratuities and other charges in

respect of retirement benefits which are payable out of the funds of the governing council; and

(v) creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment, or in respect of such other matter as the governing council may deem appropriate.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Investment of institutes fund

 

 

 

Books and records of accounts

(c) The annual estimates shall be approved by the Governing Council before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval and after the Cabinet Secretary has given his approval, the Governing council shall not increase any sum provided in the estimates without the consent of the Cabinet Secretary.

(d) No expenditure shall be incurred for the purposes of

the Institute except in accordance with the annual estimates approved under the bill.

48. 48. The Governing council may invest any of the funds of the Institute in securities in which, for the time being, trustees may by law invest funds or in any other securities which the Treasury may, from time to time, approve for that purpose.
49. 49. (a) The Governing Council shall cause to be kept all proper books and records of accounts of the income, expenditure, assets and liabilities of the Institute.

(b) The accounts of the Institute shall be audited by a certified auditor appointed by the Governing Council.

(c)   The accounts of the Institute shall be audited and reported upon in accordance with the Public Audit Act (No.12 of 2003).

(d)   The fees payable to an auditor appointed pursuant to subsection 49 (b) shall be determined and paid by the Institute.

(e)     The Institute shall, within three months after the end

of each financial year, prepare and submit to the Cabinet Secretary a report of the operations of the Institute for the immediate proceeding year for necessary action and implementation of recommendations indicated if any.

 

 

 

 

PART VI PROVISIONS RELATING TO OFFENCES AND PENALTIES

 

 

 

False registration or membership

50. 50.   (a) A person who willingly procures or attempts to procure membership registration or registration under the provisions of this bill by making or producing or causing to be made or produced any false or fraudulent representation or declaration, both orally or in writing, commits an offence and shall be liable on conviction.

(b) Where an offence under this section is committed by a legal person, that legal person shall be liable on conviction to a fine of five hundred thousand shillings or imprisonment for a term not exceeding two years or both.

(c) The Registrar shall remove from the Register the name of any person registered under this bill who is convicted of an offence under this section and cancel the registration certificate held.

 

 

51. 51. A person who, being in charge of a training institution which is not recognised by the institute as an institution registered or seeking registration under this bill;-

(a)     admits to the institution under his charge any person for purposes of training in the design profession;

(b)   purports to be conducting a course of training or examining persons seeking registration under this bill; or

(c)      issues any document, statement, certificate or seal implying that;-

 

 

(i)   the holder thereof has undergone a course of instruction or has passed an examination recognized by the Institute; and

(ii) the institution under his charge is recognised by the Institute as an institution for training of person seeking registration,

commits an offence and is liable on conviction to a fine of one million shillings or to imprisonment for a term not exceeding two years, or both.

 

 

52. 52. The terms used in the practicing member categories pursuant to Sub Section 30 of the bill are protected under this bill and shall only be applied to persons or bodies fulfilling the requirements of this bill.

 

 

(a)       A person who, being not registered under this bill;-

 

 

 

 

 

(i)   willfully and falsely takes or uses in any way the style or form or title of “designer’ or ‘designers” in describing his occupation or his business or any other name, style, title, addition or description implying whether in itself or in the circumstances in which it is used, that such person or body or persons is a ‘designer’ or ‘designers’; or

(ii) displays any sign, board, card or other device or uses a prescribed stamp representing or implying that he is a designer, commits an offence.

 

 

(b)     The Governing council may grant exemptions upon application to any person or group of persons for the use of the description or use of the term ‘designer’ or ‘designers’ and such exemptions shall be in accordance with any written International Convention or Treaty ratified by Kenya.

 

 

(c)   Members   conducting   a   design   practice   in partnership or association with non-members shall be responsible for the observance of this provision by themselves and by all members of the

organization.

 

 

 

 

 

Prohibition of employment of unregistered person

53. 53. (a) person shall not employ or continue to employ any person to offer professional design services or works if that person is not registered under this bill.

(b) A person shall not take up or continue in any

employment as a professional designer unless that person is registered as a professional designer.

(c) An employer shall not employ or engage a graduate designer in any work or professional design services or works unless that graduate designer is under the supervision of a professional designer.

(d) A person who contravenes any provision of this

section commits an offence.

54. 54. (a) The right of a registered person under this bill to submit plans, drawings, schemes, proposals, briefs, reports, design or studies to any person or authority in Kenya is restricted to the right to submit such documents only in relation to the discipline of design in which that person including a professional designer is qualified as shown in the entries made in the Register.

(b)   A person who is not registered as a registered designer or firm shall not be entitled to submit design plans, drawings,

 

 

 

schemes, proposals, briefs, reports, designs or studies to any person or authority in Kenya.

(c)     A person who contravenes any provision of this section commits an offence.

 

 

55. 55. (a)The observance of this provision is a condition of registration in the Institute. The governing council may reprimand, suspend or expel any member or in the case of corporate and founding members request resignation, who infringes this provision, or who, in its opinion, conducts himself in any manner which discredits the profession. (a) Any questions,     which     may     arise    as    to   the

interpretation of this code, are to be referred to the Governing Council whose decision is final. The governing council may consult the Principal Secretary in the Ministry responsible for Design and/or past registrars to assist in their decision making process.

(b) Members working or seeking work in a country

other than Kenya shall at all times observe the relevant code of conduct of the National Institute concerned, subject to the member being a registered member of that organization.

 

 

 

 

professional misconduct

56. (a) A person registered under this Bill is guilty of professional misconduct if the person;-

 

 

(a)     deliberately fails to follow the laid down design procedures of his employer or client save those which are in violation

of law;

 

(b) refuses, fails or neglects to apply established design practicing principles in the course of discharging his professional functions;

(c) engages himself in corrupt activities or practices;

(d) is guilty of gross negligence in the conduct of his p r o fe s s i o n a l duties;

(e) engages himself in negative practices such as nepotism, tribalism, racism and other acts of discrimination in the discharge of his professional functions;

(f)     discloses information acquired in the course of

his duties to any unauthorized     person(s) without the consent of his employer or client or otherwise than required by law;

(g) uses his position to obtain favours of a sexual kind and or other benefits for which he is not entitled to in the discharge of his professional functions;

 

 

 

(h) engages in activities which are in conflict with those of his employer or client or activities which are contrary to those for which he is registered as a design professional;

(i) is found guilty of fraud or any dishonest act, allows any person to practice in his name as a design Professional unless such a person is the holder of a v a l i d registration certificate and is in partnership with him or employed by him;

(j) enters for the purpose of or in the course of practicing as a Design professional, into partnership with a person who does not hold a licensing certificate or secures any professional business through the service of such a person or by means not open to a Design Professional;

(k) pays or allows or agrees to pay or allow directly or indirectly, to any person (other than a person who holds a licensing 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;

(l) 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;

(m) 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;

(n) provides misleading works of design, dangerous, unethical and designs that contradict the law commits an offence .

 

 

 

 

Establishment and powers of disciplinary

committee

57. 57. (a) There shall be a c ommittee to be known as the disciplinary committee which shall have power to regulate its own

procedures

 

(b) It shall consist of seven members appointed by the

Gove rn ing Council, from among the members of the chapters.

(c) Members o f t h e D is c i p li n a r y C o m m i t t e e s h a l l appoint one of their members to be the Chairperson.

(d)Where the g o v e r n i n g   council   has reason to believe that a registered person may have been guilty of professional misconduct it shall refer the matter to the disciplinary committee which shall inquire into the matter.

(e) For the purpose of proceedings at any inquiry held by the disciplinary committee, the committee may administer oaths,

 

 

 

and may subject to any regulations made under this Bill , enforce attendance of persons as witnesses and the production of books and documents.

 

 

 

 

 

Recommendations disciplinary committee

58. 58. (a) Where, on recommendation     of   the disciplinary committee, the Council is satisfied that a designer is in breach of any of the terms or conditions prescribed by the committee under section 27, the committee may-

 

 

(i)       suspend the registration of the design professional for a specified period not exceeding twelve months;

(ii)       withdraw or   cancel the registration certificate of the design professional for such period not exceeding five years as may be appropriate;

(iii)        issue     the     designer      with     a     letter     of

admonishment;

(iv)       impose a fine which the governing council deems appropriate in the circumstances; or

(v)     remove the name   of the design professional from the register.

(b)   The Council shall as soon as possible inform the design professional of the action to be taken against him.

(c)   Any person whose name has been removed from the register or whose registration certificate has been suspended shall forthwith surrender to the registration board his certificate of

registration.

 

(d)   Any person being a registered design professional who refuses or fails to surrender his certificate of registration to the registration board shall be guilty of professional misconduct and shall be liable to a fine not exceeding two hundred thousand shillings or jail term not exceeding twelve months or both.

(e)     Where a design professional has been suspended

from practicing; he may appeal to the g o v e rn i n g council for the lifting of the suspension at any time before the expiry thereof

(a)   Where the council is satisfied in respect of any design professional that he should have his suspension lifted, the council shall, upon the receipt of the prescribed fee, lift the suspension and restore to the design professional and his registration certificate

 

 

 

 

 

 

 

 

 

Appeal

59. 59. Any person aggrieved by the decision of the Governing council in the exercise of its powers under this section may within sixty days from the date of the decision of the council, appeal to the High Court and in any such appeal, the High Court may annul or vary the

decision as it finds necessary.

 

 

 

PART VII. PROVISION RELATING TO ASSOCIATIONS AND DISSOLUTIONS.

 

 

 

 

Dissolution of the institute

60. 60. (a) The Institute may only be dissolved at a national annual general meeting or a special general meeting of the governing council convened for that purpose, by the required majority vote against a resolution properly proposed and seconded.

(b) Failing the achievement of a quorum, those present shall

convene another special general meeting within a period of seven days and if a quorum is again lacking, the council members present shall immediately serve notice on all absent members that they propose to declare the Institute dissolved.

(c) On dissolution, the governing council shall act as trustees for the realization of all assets, moveable and immovable, of the

Institute.

 

(d) All monies and assets belonging to the Institute shall be divided equally, at the discretion of the governing council, after all debts have been paid and all expenses met, to the existing members.

(e) The governing council shall, at the same time, appoint a

firm of accountants to supervise the realization of assets, and the transfer of monies and assets. A complete report, signed by the firm of accountants and the members of the governing council, shall be prepared at the end of the proceedings and circulated to all members who were in

good standing with the Institute at the time of dissolution.

 

 

Other kenyan local institutes/ boards/ bodies and international

61. 61. The Institute shall actively participate in the activities of other Kenyan local institutes /boards/bodies with the aims of:

 

 

(a) Developing professional design management in the interest of the Institute;

(b) Providing developmental benefits in the sphere of professional design practice to the Institute’s members by distributing

 

 

 

information, invitations and publications generated, distributed and/or published by either the local body(s)or international federations; and

(c) Promoting Kenyan design in these bodies through publishing press releases; distribution of   Institute’s publications, securing endorsements for events, competitions and awards and participation in local and international conferences, seminars, exhibitions, meetings and other events.

 

 

62. 62. (a) The Institute shall maintain its annual membership to such Kenyan local institutes/ boards/bodies and international federations until such time as the Institute, at a national general meeting, decides to terminate its membership on condition that:

 

 

(a)         The Institute is financially unable to pay the membership fees.

(b)        The majority of the Kenyan Local Institutes

/Boards/bodies or the International body’s policies dramatically contradict the powers of the Institute as stipulated in Section 7.0 of the bill.

(c)        The Institute’s membership is terminated by such body due to reasonable conditions.

 

 

63. 63. (a) The governing council shall consult eligible Institute members on the nomination of representative delegates to the general assemblies of such bodie

(a)     Only      fellows,       members,      affiliate,     education

members and the executive officer of the Institute shall be eligible for nomination as delegates to the general assemblies of such bodies.

 

 

 

 

Endorsements

64. 64. The governing council may, on behalf of the Institute, endorse conferences, seminars, workshops, exhibitions, courses, bursary schemes, competitions, awards, publications and other events and initiatives on condition that it does not contradict any clause of this Bill;-

 

 

(a)   Endorsements shall be considered in accordance with the regulations of such Local Institutes /Boards/bodies or international bodies.

(b)     The Institute may charge reasonable endorsement

 

fees.

 

(c)      The management team of endorsed initiatives must

 

 

 

strictly comply with the regulatory specifications defined by the governing council.

(d)   A minimum of two governing council members or two designated Institute delegates must be part of the management teams of endorsed initiatives.

(e)   Organizers of Institute’s endorsed initiatives may not publicize or claim endorsement without written proof of such an endorsement issued by the board.

(f)     The terms of endorsement must be clearly specified by the governing council and the specifications thereof must be regularly

reviewed.

 

 

 

 

Establishment of National Centre of Design Excellence

65. 65. (a) The bill established an institute managed National Centre for Design Excellence that shall build innovation capability in design related issue

(b) The general objectives of the centre is to;

1. i. Develop and test new approaches to complex design challenges and institutional capability for collaboration and innovation.
2. ii. Meet the challenges of delivering innovative,

practical solutions to today’s design problems and to explore new methods in solution formulation, development and delivery.

(c)   The Centre will inspire creativity, innovation and a more citizen-centric approach through consultation, collaboration and co-design in all the chapters developed in the bill.

(d)   The Institute shall develop rules and regulations that shall Establish, Govern and Manage   the Centre which shall

elaborate its

 

(i)    Vision and mission of the centre

(ii) Objectives and purpose of its establishment

(iii) Collaborations

(iv) Structure, management and governance of the centre

(v) any other provision deemed necessary for the institute

 

 

 

 

 

PART VIII- GENERAL PROVISIONS

 

 

 

 

Common seal

 

 

Fines

Offences by persons eligible to be registered.

Powers to make Regulations

66. 66.   Subject to this section, the common seal of the institute shall be kept in the custody of the registrar or of such other person as the governing council may direct, and shall not be used except upon the order of the council

(a)      The common seal of the institute shall be authenticated by the signature of the chairperson and the registrar of the institute

67. 67. A person who commits an offence under this bill for which no specific penalty is provided for is liable to a fine not exceeding two hundred thousand shillings, or to imprisonment for a term not exceeding twelve months, or to both;
68. 68.   (a) A person who not being eligible to be registered under this bill, uses any title appropriately to a person so registered, or holds himself out directly or indirectly as being so registered, commits an offense and shall be liable on conviction.

(b)     A person who, not being eligible to be registered under this bill, practices for gain as a design professional, commits an offence and shall be liable for conviction.

69. 69. A person who, though eligible to be registered under this bill , is not so registered but practices as such, commits an offence and shall be liable on conviction   to a fine not exceeding one hundred thousand shillings, or to imprisonment for term not exceeding two years, or to both
70. 70.   The Board may, with approval of the Cabinet Secretary , make regulations generally for the better carrying out the objectives of and purpose of this bill and any such rules without prejudice to the generality of the foregoing may provide for bill

(a)     the manner of service of any notice required under this

(b)       the fees and charges to be paid in respect of any matter required for purposes of this bill;

(c)     the manner of payment of the levy imposed pursuant to this bill;

(d)     the manner and forms of continuous accreditation, quality assurance, programme accreditation and certification of learning institutions for curriculum development

(e)     the manner and subject matter of courses pertaining to training and continuing professional development;

(f)      the form and method of keeping the Register under this bill;

(g)     forms, methods and regulations concerning conditions

for issuance of registration certificate;

(h)     a code of ethics, rules of professional conduct and standards of practice;

(i)      the standards and conditions of professional practice for

persons registered under this bill;

(j)      the duties, responsibilities and control of the officers and employees of the institute ; referred in section 13.0 in this bill

(k)     the procedure for the revoking a registration certificate or revoking a registration certificate and for winding up of the institute;

(l)      any other matter to give effect to the provisions of this bill.

 

Protection from liability

71. 71. Regulations made under this section shall be tabled at

AGM for approval before taking effect.

72. 72.   All members of the Institute serving on any board/ committee or performing any other official duty on behalf of the Institute are hereby held indemnified by all members of the Institute jointly against a suit or action in law in respect of any matter or thing done by them or any of them in the execution of their duties in terms of

this Bill.

Transitional provision

73. 73. Where any conflict arises between the provisions of this bill and the provisions of any other law on the training, registration and regulation of designers, the provisions of this bill shall prevail.
74. 74. (a)The Chief Designer shall with the guide of the Principal Secretary in the Ministry for the time being responsible for matters relating to design assume the responsibilities imposed on the chairperson of the governing council on an interim basis until the first elections held under this bill.

(b) The interim chairperson shall coordinate the appointment of interim governing council.

(c)   The interim governing council shall facilitate the establishment of chapters of the institute and nominate interim Secretary Generals to oversee the welfare of the chapters.

(d)   The interim Secretary Generals shall facilitate the registration of members and with consultation with interim governing council, convene     the first annual general meeting at which council members shall be elected.

(e)   The first annual general meeting of the institute shall be convinced by the interim council within twelve months of the commencement of this bill.

(f)   Any design professional carrying out any business contrary to this act shall ensure that the business is compliant with the bill twelve months of the commencement of this bill.

 

SCHEDULE

PART IX-PROVISIONS RELATING TO MEETINGS OF THE INSTITUTE

1. 1. The Board shall meet at least once every three months for the dispatch of busine
2. 2. The chairman may or upon request call a special meeting of

the council at any time where the chairperson considers it expedient for the transaction of the business of the Institute.

3. 3. Other than a special meeting, or unless three quarters of members agree, at least twenty one days’ written notice of every meeting of the Board shall be given to every member of the council by the secretary.
4. 4. The quorum at a meeting of the council is two thirds of the members or a greater number determined by the council in respect of an important matter.
5. 5. An office of a member of the council shall become vacant if the member;-

(i) dies;

(ii) resign the office by writing under his hand delivered to the chairperson of the governing council

(iii)become subject to any of the disqualifications referred to pursuant of the bill

(iv)is    convicted    of    any    offence     and     sentenced    to

imprisonment for a term of six months or more without the option of a fine; is otherwise unable to discharge his functions

 

6. 6. The chairman shall preside at the meetings of the Institute and in the absence the members shall elect a chairman from amongst themselves to preside the meeting.
7. 7. The matters of the Board shall be decided by a majority of

the members present and voting and in the event of equality of votes, the person presiding shall have a casting vote.

8. 8. The proceedings of the Board shall not be invalidated by reason of a vacancy among the members or a defect in the appointment or qualification of a member.
9. 9. Except as provided by this Schedule, the Board may regulate its own procedure

 

 

 

 

 

 

PART X-MEMORANDUM OF OBJECTS AND REASONS

 

The main object of this bill is to provide for a legal framework for training and regulations of activities of design professionals in the county. The bill seeks to establish the Kenya Institute of Design as the overall organ of the Design Professionals. The Institute shall be responsible for the establishment promotion, maintainace of standards and registration of design professionals. The bill further establishes Design Registration Board responsible for the prescription and regulation of syllabuses of instruction, rules and examinations of Design Professionals.

The bill is seeking to improve the quality of service rendered by designers and protect clients and the general public from incompetent and unqualified people practicing as designers.

PART I of the bill contains preliminary provisions.

 

PART II-IV of the bill provides for the establishment, powers and functions for the Institute. It further provides for the establishment of Chapters and Design Registration Board which are responsible for recruitment and registration of members. It also provides for the registration certificate where no person shall practice as a design professional unless that person is issued with a registration certificate.

Part V of the bill provides for the funds of the institute which among other consists of such monies as may accrue to or vest in the governing council in the course of the exercise of its powers or performance of its functions under this bill.

PART VI of the bill provides for the disciplinary provisions, establishes a disciplinary committee which is empowered to inquire and make decisions in regard to cases of professional misconduct and may among other decision withdraw or cancel a registration certificate where a person is found guilty

Part VII of this bill provides for general provisions.