INSTITUTE OF CERTIFIED PUBLIC SECRETARIES OF KENYA Practitioners Workshop Friday, 11 March, 2016

OBJECTIVE OF THE SESSION To appreciate the issues of membership of a professional body and some processes that go into it. To appreciate the issues relating to getting into professional practice. To point out the applicability of the Code of Conduct and its relationship to the Disciplinary process in professional misconduct.

SOME OBSERVATIONS Professional bodies would normally seek to promote a particular profession, the interests of individuals engaged in that profession and the public interest. Membership of a professional body, as a legal requirement, can in some professions form the primary formal basis for gaining entry to and setting up practice within the profession.

SOME OBSERVATIONS-CONT’D Professional bodies are organizations whose members are individual professionals. In some professions it is compulsory to be a member of the professional body, in others it is not. Professional bodies usually prescribe a discretionary or mandatory code of conduct for their members. But there are people who believe that professional bodies merely seek to act to maintain their own privileged and powerful position as a controlling body. Most professional bodies offer a way to climb up the membership ladder towards being a ‘Fellow’ or in some cases a ‘Chartered’ professional.

MEMBERSHIP ISSUES Why become a member of the Institute? (Or why become a member of Muthaiga Golf Club?) This question is common amongst those who have qualified for membership but have not registered to become members. Others, rightly so, worry about the obligations that come with membership, including financial. Others want to see this convert into some sort of support for job acquisition, and so on and so on.

MEMBERSHIP ISSUES-CONT’D Application for membership-Critical Issues: Correct completion of the Application Form (Prescribed) Holding of the admissible qualification (Section 20 of CPS Act) Certified copies of educational, professional and identification documents/certificates Application fee (Ksh.10,000 for Kenyans and Ksh.18,000 for non-Kenyans)

MEMBERSHIP ISSUES –CONT’D On registration, one becomes a member of the Institute (Section 4(1) of the CPS Act). There is a requirement for one to demonstrate relevant practical experience earned and CPD hours to gain admission but the provision has not been strictly implemented. (This provision shows that the Institute begins to take interest in a person when they are still students) The Registration Board sits once every last Wednesday of the month except in the month of December.

MEMBERSHIP CATEGORIES Section 4(2) of the CPS Act provides for persons who are “Fellows” and those who are not Fellows (“ordinary members”) Section 5 of the CPS Act recognizes “Honorary Fellows” of the Institute. These are not members. Fellowship is currently conferred by the Council in recognition of one’s contribution to the profession. Under legal Notice No. 350 of 1995, the Board may issue authority to certain persons to practice who do not hold the basic qualifications under section 20 of the CPS Act. They must renew this authority annually with Ksh.10,000 fee. These do not become members of the Institute.

PRACTICING CERTIFICATE A member wishing to obtain a practicing certificate must have been a member in good standing for at least 2-years preceding his/her application. The applicant must also submit two names of his/her referees who are members of the Institute in good standing. Application must be made on the prescribed form, accompanied by a fee of Ksh.12,500 for Kenyans and Ksh.20,000 for non-Kenyans. In all cases, fees payable are not refundable. Read the guidelines properly before paying.

PRACTICING CERTIFICATE-CONT’D It is important to note that a practicing certificate remains in force until cancelled or discontinued for any other reasons as provided in section 18 of the CPS Act. It is an offence to fail to return a practicing certificate which has ceased to be in force (Fine up to Ksh.5,000).

WHY WOULD A MEMBER BE DEREGISTERED? Determination of a disciplinary process (where a member has been accorded the opportunity to explain his/her case) Failure to pay his/her subscription Circumstances arise which would have disqualified a person from registration. BUT ONE’S MEMBERSHIP MAY BE RESTORED IF THE ABOVE ARE MADE GOOD

PAUSE

SETTING UP PROFESSIONAL FIRM Business needs and circumstances are different, but can be managed from a standard/generic information or knowledge. As a CS, people will depend on you to make certain critical decisions about their businesses. They will rely on you. You therefore have a general responsibility to society at large.

SETTING UP PROFESSIONAL FIRM- CONT’D As a CS, one sells ideas, information, knowledge, knowhow, etc. A CS firm as a business is therefore different from a commodity seller. To sell ideas, one must be knowledgeable, not necessarily an intellectual. It is however, an advantage if one is both. (intellect presumes capacity for complex issues, including those in the abstract form to develop solutions to societal issues. Knowledge presumes familiarity with facts and information).

SETTING UP PROFESSIONAL FIRM- CONT’D In applying knowledge, one may rely on a theoretical or practical approach, supported by facts. A CS must begin from a position of richness in knowledge; knowledge and understanding about facts, information, subject matter, and so on. These are the immediate things society requires for its day to day sustainability. When do you feel ready to set up?

READINESS TO SET UP AND SUSTAIN INCLUDES: Quality of service provided. When able to get your facts right, able to gather relevant information-which, where and how. Timelines. Businesses have deadlines to meet, supported by information you give. Ability to act within the timelines agreed. Keep client updated on an ongoing assignment, agree on timelines adjustment in good time.

READINESS TO SET UP AND SUSTAIN INCLUDES: Being part of the business. There is need to have appropriate facts about the business, the industry. Be consistent. Businesses rely so much on predictability of things, including your behaviour. Ready to be trusted. The way you handle client information, other physical assets, including money must give client the confidence and trust in you.

READINESS TO SET UP AND SUSTAIN INCLUDES: Having your systems in place. Including contractual arrangements with the client, templates for standard items, office hours, etc. It helps in planning and service delivery. Price fairly. Do not use the client at hand to solve your financial needs, but also do not work for free. Be aware of the “Kenyan” client expectations. In reality, it is possible to provide the services from your home office, but the Kenyan client will soon label you a “briefcase CS”. So have some office space away from your home, and this can be shared with other friends with whom your thinking synchronize.

READINESS TO SET UP AND SUSTAIN INCLUDES: Consider a merger at the appropriate time. Must be a merger that can work, not because firms are merging. Succession. Who in your family knows what you are doing? They do not necessarily have to become CSs but good if possible. Remember, a lot of client’s loyalty to a firm is sometimes based the personalities in the firm. They may simply move because their preferred contact has moved.

PAUSE

CODE OF CONDUCT-ICPSK GUIDELINES Members of a profession owe a duty to those they serve. Failure by Members to follow the guidelines does not itself constitute professional misconduct. This is a guideline and is not meant in any way to be prescriptive.

CODE OF CONDUCT-ICPSK GUIDELINES-CONT’D The Guidelines issued by the Institute covers a wide range of issues encountered by a member, eg publicity, change of professional appointment, fees and commissions, etc. These are meant to help a member to conduct themselves in a manner befitting their professional undertaking.

GUIDELINES POINTS TO SOME FUNDAMENTAL PRINCIPLES Integrity – honesty and truthfulness. Relationships and interests must be based on professional needs only. Professional Independence – impartiality to support sound professional judgment. Avoid being driven by influence in one’s judgment. Professional Knowledge and Skills - knowledge & competence are key. Consult and seek to know. Confidentiality – helps to build a trustful relationship with client. Do not abuse your privileged position.

THE “GOOD STANDING” CONCEPT When one becomes a member of the Institute, it follows that one has accepted to abide by the laws governing its membership, both internal and external Non-conformity means that the Institute council or members may exercise the right to remove one from its membership.

THE “GOOD STANDING” CONCEPT- CONT’D The issues include:  Payment of membership fees/subscriptions  Participating and meeting minimum requirements for CPD  Good professional conduct, hence not serving punishment for professional misconduct, arising from non-compliance with internal or external regulations/laws  Any other issues that may be construed as contravening the concept of good standing.

A QUESTION OF ETHICS Professional ethics is not the same as the laws, rules, regulations and technical standards that may be prescribed. Instead, it touches on the personal, organizational and corporate standards of behaviour expected of professionals. Professional bodies therefore make it easy to members by issuing “Codes of Professional Ethics and Conduct”

A QUESTION OF ETHICS-CONT’D Hence, non-observation of the provisions of the Code may not strictly speaking, result in a member being guilty of professional misconduct (because it is not a rule, law, or regulation). However, one may be put to task to justify his/her action; failure to which the matter may develop into a professional misconduct.

A QUESTION OF ETHICS-CONT’D Let’s go further: One remains a professional within and without the work environment. This is important for the member, the Institute and society at large, including one’s own clients and employers. Also by observing provisions of the law, regulations, rules or technical standards, the ethical behaviour/conduct is reinforced.

WHEN DO DISCIPLINARY ISSUES ARISE? Incidences of Professional Misconduct as provided in section 24(2) of the CPS Act. Other omissions that may be construed to as misconducts, negligence, fraud, carelessness, etc. Any person can bring up the matter before the Institute for disciplinary action.

INDEPENDENCE OF DISCIPLINARY COMMITTEE The independence of the Disciplinary Committee is well guarded in the CPS Act. Initially however, it is the Council that receives the complaint, considers it and refers it to the Committee for detailed process. Committee then makes its recommendations to Council, which may be adopted in whole or with modifications. Council submits its recommendation to RCPSB for appropriate action where the Board needs to take action.

THANK YOU