1. KENYA PSYCHOLOGICAL ASSOCIATION DRAFT BILL Dr. Gladys Mwiti, PhD. CHAIRPERSON, KPsyA

2.  The Board of Psychology shall consist of o The Chairperson appointed by the Cabinet Secretary o The Officer in Charge of Mental Health in the Government o The Officer in Charge of Social Development in the Government o The Registrar o Two persons nominated by the Psychology Society of Kenya and appointed by the Cabinet Secretary o Two persons nominated by the Kenya Counselors Association and appointed by the Cabinet Secretary o The Principal of the Institute who shall be ex officio

3. The Board Membership  Kenya Citizen  Counselor or Psychologist in good standing  Chairperson of the Board must have at least 10 years experience on counseling or psychology

4. FUNCTIONS OF THE BOARD  Establish standards of professional conduct of psychologists and counselors  Register and license psychologists and counselors  Supervise the professional conduct and practice of the psychologists and counselors to take the disciplinary measures in cases of violations of professional conduct

5. FUNCTIONS OF THE BOARD  Advise the Cabinet Secretary on appropriate policies and laws to be adopted in the fields and practice of psychology and counseling  Recommend to the Cabinet Secretary institutions to be approved for training of persons seeking registration under the Act

6. THE REGISTRAR  The Registrar of the Board will be an officer in the public service appointed by the Cabinet Secretary in consultation with the Public Service Commission  The Registrar shall: a. Be the Secretary of the Board b. Be responsible for the day to day management of the affairs of the Board c. Be subject to the Board ref: on terms and conditions of service

7. INSTITUTE OF COUNSELING & PSYCHOLOGY  There is established he Institute of Counseling & Psychology. The Institute shall be a body corporate with perpetual succession and a common seal and shall be capable of: Suing and being sued Acquiring, holding, charging and disposing of property, etc

8. COMPOSITION OF THE INSTITUTE Principle Secretary responsible for the practice of counseling and psychology professions Principle Secretary responsible for finance Secretary to the Commission for Higher Education Officer in charge of mental health in the Ministry of Health One person nominated by the KCA and appointed by the Cabinet Ministry One person nominated by the PSK and appointed by the Cabinet Ministry The Principal of the Institute who shall be institute Secretary One person appointed by the Cabinet Secretary, expert in Curriculum Development The Secretary of the Commission for Higher Education

9. RESPONSIBILITIES OF THE INSTITUTE Providing professional training in the fields of counseling and psychology Setting and administering professional examinations in counseling and psychology and issue certificates to candidates who have satisfied examination requirements Advising the Board on the appropriate standards for training in the fields of counseling and psychology Promoting research and development in counseling and psychology Advising the Cabinet Secretary on the appropriate curriculum to be adopted by universities and institutions providing training in the fields of counseling and psychology

10. THE FUNDS OF THE INSTITUTE The funds on the Institute will consist of: a. Such monies as may be appropriated by the National Assembly b. Fees and charges levied by the Institute c. Grants

11. THE PSYCHOLOGY SOCIETY OF KENYA (PSK) There is established the Psychology Society of Kenya The membership of the Society shall consist of a. Any person registered as a Psychologist under Section 32 of this Act b. Any person elected as an honorary member by the PSK Council – one whom the Council deems appropriate so to honor for life or for any period the Council deems fit NOTE: Any person expelled from membership of the Institute shall not thereafter be re-admitted as a member under this section without the authority of a special resolution

12. THE FUNCTIONS OF THE PSK Promote, maintain and improve the standards of professional competence, practice, conduct and learning of the psychology profession in Kenya; Facilitate the acquisition of psychology knowledge and skills by members of the society; Coordinate with the Cabinet Secretary in matters of disaster related to psychological preparedness, management, and mitigation; Co-advise and assist the Cabinet Secretary in all matters affecting psychology, administration, and practice of Psychology as a profession in Kenya; Co-represent, protect and assist members of the society in respect of conditions of practice and otherwise;

13. THE FUNCTIONS OF THE PSK (contd) Protect, educate and assist the public of Kenya in all matters touching, ancillary or incidental to the psychology profession; Promote the international recognition of the society; Promote research, study and sharing of knowledge in the field of psychology; Advise the Institute on matters relating to examination standards and policies in the field of psychology; Carry out any other functions prescribed under this Act or any written law.

14. REGISTRATION AS A PSYCHOLOGIST or COUNSELOR Subject to this Act, no person shall be registered as a Psychologist unless: a. He/She is a Kenya Citizen b. For a Psychologist, is a holder of at least a Masters Degree in Psychology from a recognized university or other institution as the Board may from time to time approve; or c. For a Counselor, the person is a holder or a degree or a diploma in counseling from a recognized university or other institution as the Board may from time to time approve; d. The person has passed the examinations of the Institute and has attained the professional qualification granted by the Institute; and

15. REGISTRATION AS A PSYCHOLOGIST or COUNSELOR e. Has successfully attended the stipulated Internship program and received from a Psychologist of such class as the Board may prescribe, instruction in the proper business, practice and employment of a Psychologist f. He/She is a registered Psychologist for the time being of a foreign country. g. A practitioner entitled to practice in a foreign country, if such person has come to Kenya for the purpose of practice, and is not disqualifies or suspended by virtue of this Act, may be registered as a Counselor or Psychologist and the person to be registered shall be referred to as a “Foreign Counselor of Psychologist.” h. No foreign Counselor or Psychologist shall be be entitled to practice until he/she has paid to the Registrar the prescribed fee

16. PRACTICE CERTIFICATES The Registrar shall issue a certificate authorizing a Counselor of Psychologist to practice Application for a practicing certificate shall be made to the Board: a. By delivering to the Registrar an application in duplicate, signed by the applicant specifying his/her name, place of business, and date of his/her registration as a Counselor or Psychologist.

17. PRACTICE CERTIFICATES b. By producing evidence satisfactory to the Registrar that the applicant has paid the respective Association/Society the fee prescribed for annual subscriptions payable for the time being to the Association/Society and has complied with all the Rules and Regulations made by the Membership Committee of the Association/Society. The Registrar shall cause one copy of the Practicing Certificate to be filed in a register kept for that purpose, and any person may, upon application, inspect the register during office hours without payment

18. DATE AND VALIDITY OF PRACTICE CERTIFICATES 1. Every Practice Certificate shall bear the date of the day on which it is issued and shall have effect from the beginning of that day; provided that a practicing certificate which is issued during the first month of any practicing year shall have effect for all purposes from the beginning of that month. 2. The practicing year shall be from the 1 st January to 31 st December

19. DATE AND VALIDITY OF PRACTICE CERTIFICATES 3. Every practicing certificate shall expire at the end of the practicing year in which it was issued: Provided that, where the name of the Psychologist is removed from or struck off the Register, the practicing certificate (if any) of that Psychologist expires forthwith. 4. The Registrar shall enter upon the Register a note of the date of the issue of every practicing certificate.

20. PENALTY OF PRACTICING WITHOUT A CERTIFICATE Any person purporting to, or practicing of offering counseling and psychology services including teaching, training, workshops, seminars, therapy, public advice or comment via media, Internet or other electronic transmission without a practicing certificate and without having been registered as a Counselor or Psychologist by the Board shall be guilty of an offense and liable to imprisonment for a period of one year or a fine of K.Shs. 100,000 or to both such imprisonment and fine.

21. TRANSITION A person who, immediately prior to the commencement of this Act, was practicing as a Psychologist or a Counselor shall continue practicing as such, but shall within 60 days after the Board has been established, seek registration with the Board in accordance with this Act.

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