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The Physical Planners (Professional Misconduct) (Procedure) Rules

Legal Notice 123 of 1998

This is the latest version of this Legal Notice.
The Physical Planners (Professional Misconduct) (Procedure) Rules
Citation
Legal Notice 123 of 1998
Primary work
Physical Planners Registration Act
Date
Language
English
Type
Legal Notice
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LAWS OF KENYA

PHYSICAL PLANNERS REGISTRATION ACT

THE PHYSICAL PLANNERS (PROFESSIONAL MISCONDUCT) (PROCEDURE) RULES

LEGAL NOTICE 123 OF 1998

  • Published in Kenya Gazette Vol. C—No. 56 on 25 September 1998
  • Commenced on 25 September 1998
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
1.These Rules may be cited as the Physical Planners (Professional Misconduct) (Procedure) Rules.
2.In these Rules, "professional misconduct", in relation to a charge against a registered physical planner, means conduct which the Board deems, after due inquiry, to be professional misconduct.
3.(1) A registered physical planner shall be guilty of misconduct if such physical planner—
(a)knowingly accepts any professional planning work which involves the giving or receiving of discounts or commissions;
(b)accepts to complete work partly done by another planner while the latter has not been fully paid and his contract of engagement has not been terminated;
(c)undertakes specialist work without sufficient knowledge of the subject or expert assistance;
(d)knowingly prepares or certifies any statement which is false, incorrect or misleading by reason of the mistatement, omission or suppression of a material fact or otherwise;
(e)deviates from the schedule of fees prescribed by the Board by charging less than the charges laid down without notifying the Board of his intention to do so, and the reasons for the extent of such deviation and receiving the Board’s sanction thereto;
(f)being a registered physical planner in employment accepts professional work on one’s own account without the knowledge and consent of the employer unless the contract of service expressly authorizes one to do so;
(g)commissions another registered physical planner and pays less than the agreed fees;
(h)advertises one’s name, firm or work in the press, television, radio or by means of circulars, displays or otherwise except in a manner approved by the Board;
(i)conducts oneself in a manner which the Board may deem incompetent, dishonourable or grossly negligent in connection with the work performed by him/her;
(j)offers, expresses or communicates to the public or a client any criticism or adverse comment on the professional services or conduct of another registered physical planner without giving the latter a chance of defending himself/herself;
(k)gives expert evidence in courts or before other judicial bodies if one has financial interests in the proceedings other than proper and reasonable fees payable for the services;
(l)releases or misuses confidential information relating to the client;
(m)abandons work already started without giving a satisfactory explanation to the client;
(n)acts for two parties with conflicting interests without both of them knowing;
(o)withholds reports, drawings and other materials connected to the project from an employer or client if the other party has fulfilled his/her part of the contract;
(p)claims as his/her own another physical planner’s ideas, designs or concepts;
(q)practises in a business name or style without one’s name and qualifications appearing on the letterhead.
(2)A registered physical planner will be held responsible for the acts of members of one's staff so far as they relate to matters falling within the scope of his/her professional practice.
4.An inquiry into the conduct of a registered physical planner may be instituted by the Board upon the Board’s initiative or upon complaint addressed to the Board in writing made by or on behalf of any person alleging professional misconduct on the part of a registered physical planner.
5.The Board may require the complainant to file further particulars of any of the matters complained of and may require the complaint or any part thereof to be verified by an affidavit.
6.Upon receipt of a complaint against a registered physical planner, the Board shall notify the physical planner complained against, giving the grounds of the complaint under cover of registered letter sent to his/her last known address.
7.(1) The Board shall cause a statement to be prepared setting out the allegation of professional misconduct to be investigated.
(2)The Registrar shall transmit to each member of the Board and to the physical planner whose conduct is subject of investigation a copy of the statement prepared in pursuance of subparagraph (1).
8.(1) The Registrar shall give notice of the date, time and place fixed for inquiry to the physical planner whose conduct is the subject of inquiry.
(2)Where a physical planner whose conduct is the subject of inquiry fails to appear either personally or by his/her advocate at the time and notwithstanding his/her absence.
(3)The Board may of its own motion or upon a request by the physical planner whose conduct is the subject of inquiry adjourn the hearing upon such terms as it thinks fit.
9.The Chairperson of the Board shall take or cause to be taken a note of all the proceedings before the Board or may direct that a record of any proceedings before it shall be taken down in shorthand.
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History of this document

31 December 2022 this version
25 September 1998
Commenced
Read this version