• The Geologists Bill, 2020 provides a legal framework for the training, registration and licensing of geologists.
• The proposed law is sponsored by Senate Lands, Environment and National Resources Committee chairman Mwangi Githiomi.
Rogue geologists will lose their operating licences, pay a Sh500,000 fine or spend two years in jail if a new Senate Bill becomes law.
Under the Geologists Bill, 2020, quacks risk a Sh2 million fine, five years in jail or both if convicted.
The Bill seeks to rid the profession of rogue and unscrupulous professionals. It also targets to eradicate masqueraders who defraud the public.
It provides a legal framework for the training, registration and licensing of geologists, and the regulation and development of the practice of geology in the country.
“The principal object of this Bill is to repeal the Geologists Registration Act, 1993 to provide a framework to regulate the profession of geology in the country,” the Bill reads.
The proposed law is sponsored by Senate Lands, Environment and National Resources Committee chairman Mwangi Githiomi. It has been introduced in the House for first reading.
It provides that a licensed geologist or consultant who breaches professional conduct by deliberately failing to follow the standards of conduct and practice of the profession or commits gross negligence in the conduct of his or her professional duties, commits an offence.
Other breaches include allowing another person to practise in their name, where that person is not the holder of a licence, is not in partnership or takes advantage of a client by abusing a position of trust, expertise or authority.
“If a person knowingly submits a land survey, valuation or environmental impact assessment document prepared by a person who is not licensed to prepare such documents under any written law being in force, such a person commits an offence,” it says.
It further states that a person who procures or attempts to procure a licence using false or fraudulent representation or declaration commits an offence.
The penalty for the offence shall be Sh1 million fine, imprisonment for a term not exceeding five years, or both.
The Registrar of Geologists established under the Bill shall remove from the register the name of any person registered or licensed who is convicted of the offence.
A person who is not registered as a professional geologist or firm shall not be entitled to submit geological plans, surveys, drawings, schemes, proposals, reports, designs or studies to any person or authority in Kenya.
“A person who engages in the practice of geology or charges a professional fee without a valid licence commits an offence and shall be liable on conviction to a fine not exceeding Sh2 million or to imprisonment for a term not exceeding five years or to both,” the Bill reads.
The Bill also establishes the Geologist Board of Kenya to set standards for geological practice in Kenya, assess, approve or reject geology qualifications of foreign persons intending to offer professional geology services.
It shall also evaluate other geology programmes both local and foreign for accreditation by the board.
The board shall also recommend the suspension of any professional construction services works, projects, installation process or any other geological works, which are done without meeting the set standards.
It shall have a registrar who shall be the chief executive officer appointed for a term of five years and shall be eligible for re-appointment for a further one term.
The registrar shall keep and maintain the register of persons, sign, issue, renew and cancel certificates of registration and licences as may be directed by the board and keep all documents and records.
The CEO shall also enforce decisions, keep the seal, be responsible for the day-to-day management and manage the funds, property and affairs of the board.