Related documents
- Is amended by 24th Annual Supplement
LAWS OF KENYA
SURVEY ACT
THE LICENSED SURVEYORS CODE OF PROFESSIONAL CONDUCT
LEGAL NOTICE 48 OF 1997
- Published in Kenya Gazette Vol. XCIV—No. 20 on 18 April 1997
- Commenced on 18 April 1997
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
1. Citation
These Regulations may be cited as the Licensed Surveyors Code of Professional Conduct.2. Interpretation
In these Regulations, except where the context otherwise requires—"Board" means the Land Surveyors Board established under section 7 of the Survey Act (Cap. 299)."approved assistant" means any person other than a licensed surveyor who assists a licensed surveyor in the execution of field survey, but does not include skilled and semi-skilled chainmen and labourers."licensed surveyor" means a surveyor duly licensed as a surveyor under or by virtue of the provision of the Survey Act, but shall not include a Government Surveyor."profession" means the profession of the licensed surveyor.Without limiting the ordinary meaning of the expression professional misconduct, it shall be considered professional misconduct for a licensed surveyor to contravene the following Regulations of Conduct.3. Standard of conduct
A licensed surveyor shall always maintain the high standard of conduct appropriate to his professional status, and shall not conduct himself in a manner that would, in the opinion of the Board prejudice that status or the reputation of the practice of a licensed surveyor.4. Incompatible business
A licensed surveyor shall not be connected in any way with any occupation or business which is, in the opinion of the Board, incompatible with the professional status of a licensed surveyor.5. Responsibility
A licensed surveyor shall at all times accept full responsibility for advice given to and work done for clients by himself, his partner or his approved assistants, so far as they relate to matters coming within the scope of his practice or employment.6. Soliciting and advertising
A licensed surveyor shall not solicit work or instructions, and shall ensure that the form, content and method of publication and distribution of any advertisement or announcement published, issued or authorized by him are in a manner approved by the Board.7. Scales of fees
A licensed surveyor shall observe all scales of fees approved by the Board; he shall neither accept nor give discount, commission, concession or allowances in connection with any professional work which may be entrusted to him.8. Fraudulent reward
A licensed surveyor shall not accept financial or other reward for a particular service from more than one party, except with the full knowledge of all interested parties.9. Work previously assigned
A licensed surveyor shall not accept instructions for any work for which he is aware that another licensed surveyor has already been retained, except in collaboratoin with or with the consent of such licensed surveyor or unless the other licensed surveyor's instructions have previously been withdrawn.10. Confidentiality
A licensed surveyor shall treat as confidential any information imparted to him concerning the financial or business affairs, methods or processes of a client or employer.11. Competence
A licensed surveyor shall inform a client or employer of any circumstances or business connections which may be deemed to prejudice his judgement or the services rendered to the client or employer.12. Conflict with Regulations
A licensed surveyor shall not agree to any terms or conditions with a client or employer which are in conflict with these Regulations.13. Responsibility in pannenhips
Where a licensed surveyor is a partner in a firm of which he is the only partner licensed under the Survey Act, or where he is the only licensed executive director of a company, he shall be personally responsible to the client and the public for any cadastral survey performed or supervised by him or his firm or company; he shall personally assume the responsibity referred to in section 21 of the Survey Act. Where more than one partner or executive director is licensed under the Act, they shall jointly and severally assume the responsibility.14. Supervision of approved assistants
A licensed surveyor shall not allow an unlicensed partner, co-director or subordinate to act as though he were licensed in the giving of evidence, carrying out of surveys or the charging of fees in connection with titles to land, except under the licensed surveyor's full supervison.15. Engagement of staff
A licensed surveyor shall not engage the staff of another employer without clearance from the employer.16. Responsibility for title surveys
Where a licensed surveyor is employed by an organization of which none of the principals is a licensed surveyor, he shall be personally responsible for any title surveys performed or supervised by him; he shall personally assume the responsibility referred to in section 21 of the Survey Act.17. Conflict of interest
A licensed surveyor in full-time paid employment shall not engage in professional practice which will conflict with his duties to the employer, except with the full knowlege of the employer.18. Significant interest
A licensed surveyor in full-time paid employment who is a partner in any other firm or an executive director of any other company dealing in title surveys shall make this known to his employer.19. Name of business
A licensed surveyor shall not conduct his business under a name or title which would, in the opinion of the Board, be inconsistent with his professional status and the reputation of the practice of a licensed surveyor.History of this document
31 December 2022 this version
Revised by
24th Annual Supplement