The Fire And Rescue Services Professionals Bill (senate Bill No. 55 Of 2023)

REPUBLIC OFKENYA

PARLIAMENT

SENATE BILLS

(BillNo.55of2023)

THE FIRE AND RESCUE SERVICES PROFESSIONALS BILL, 2023

(A Bill published in the Kenya Gazette Supplement No. 239 of 8th December, 2023 and passed by the Senate, with amendments, on 5th December, 2024)

Clause

PARTI-PRELIMINARY

• 1Short title.

• 2—Interpretation.

• 3—Objects of the Act.

PARTII-ADMINISTRATION

• 4—EstablishmentoftheBoard.

• 5-MembersoftheBoard.

• 6—Headquarters.

• 7—Functions of the Board.

• 8—PowersoftheBoard.

• 9-Committees ofthe Board.

• 10—— Delegation by the Board.

• 11— Conduct of business and affairs of the Board.

• 12— Tenure andvacation ofoffice.

• 13— Remuneration of Board members.

• 14- Appointmentoftheregistrar.

• 15- Functions of the registrar.

• 16— Limitation of liability.

PARTIII-REGISTRATIONOFFIREANDRESCUESERVICESPROFESSIONALS

• 17— RegistrationofFire andRescueServicesProfessionals.

• 18— Qualifications ofaFire andRescueServicesProfessional.

• 19— Applicationforregistration.

• 20— Registration of theFire and RescueServices ConsultingFirms.

• 21— Application for registration as a Fire and Rescue services Consulting Firm.

• 22— Consideration of application for registration.

THEFIREANDRESCUESERVICESPROFESSIONALSBILL,2023

ARRANGEMENTOFCLAUSES

• 23—— Register.

• 24— Alteration of the register.

• 25— Removal of persons from the register.

PARTIV-FINANCIALPROVISIONS

• 26— Funds of the Board.

• 27— Annual estimates.

• 28— Accounts and Audit.

PARTV-OFFENCESANDPENALTIES

• 29— False registration and licensing.

• 30— Professionalmisconduct.

• 31— Offences by persons or traininginstitutions.

• 32— Prohibition for use ofthe term“fire and rescue services professionalbyunregistered persons.

• 33— Prohibitionofemployment of unregistered persons.

PARTVI-COMPLAINTSANDDISCIPLINEBYTHEBOARD

• 34— Complaints and Disciplinary proceedings by the Board.

• 35— Appeals.

• 36— Regulations.

• 37— Transitional provisions.

SCHEDULE-CONDUCTOFTHEAFFAIRSOFTHEBOARD

ShortTitle

Interpretation

ABill for

ANACT of Parliament toprovidefor thepromotion,development and regulation of the fire and rescue service profession; to provide for theestablishmentofinstitutionalandregulatoryframeworkfor representation,participation,training andregulation of fire and rescue service professional practice; and for connected purposes.

ENACTEDbytheParliamentofKenya asfollows

PARTI-PRELIMINARIES

1.This Act may be cited as the Fire and Rescue Services ProfessionalsAct,2023

• 2.In this Act,unless the context otherwise requires

"Board"" means the Fire and Rescue Services Professionals Boardestablishedundersection4ofthisAct.

"Cabinet Secretary"means the Cabinet Secretary for the time beingresponsiblefor mattersrelatingtofire andrescue services and disasterriskmanagement.

"fire and rescue services consulting firm" means a private organization or company registered by the Board and licensed by the CountyGovernments toengage inthebusiness of provision of consultancy and advisoryservicespertainingtofire andrescueservices;

"fire and rescue service professional" means a person registered undersection17;

"private fire brigade firm"means a private organization or companyregistered by theBoard and licensed by a County Government to put out fires and rescue people from fires;

"Register" means the Register of registered persons and firms kept by theRegistrarin accordancewithsection 23of thisAct.

"Registrar" means the Registrar of the Board appointed under section14 ofthis Act.

Object of the Act.

Establishmentofthe Board

• 3.The objects of this Act are to-
• (a)provide a framework for standards for professional practice and theirenforcement;
• (b) facilitate the delivery of quality fire and rescue professional services;
• () promote the delivery of quality professional training and educationforfire andrescueserviceprofessionals;
• (d)protect the public from unethical professional practice in fire and rescue services; and
• (e)promote realization oftheright to the highest attainable standard of health for every person in relation to prevention, response and mitigation ofunintentional injuries resulting from fire, accidents, emergencies,disasters and calamities.

PARTII—ADMINISTRATION

• 4.(l) There is established a Board to be known as the Fire andRescueServicesProfessionalsBoard.
• (2)The Board shall be a body corporate with perpetual succession and a common seal and shall be capable in its corporate name of—
• (a)suing and being sued;
• (b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property;
• (c) receiving, borrowing and lending money;
• (d) entering into contracts; and
• (e)doing or performing all such other things or acts necessary for the proper performance of its functions under this Act,whichmaylawfully be done or performed by a body corporate.

5

Composition of the Board

• 5.(1) The Board shall comprise of—

• (a) a non-executive chairperson appointed by the President;

• (b) the Principal Secretary in the Ministry responsible for mattersrelatingtofireandrescueservicesortheir representativeappointedinwritingbythePrincipal Secretary;

• (c) the Principal Secretaryin the Ministryresponsible for finance or their representative appointed in writing by the Principal Secretary;

• (d) the Principal Secretary in the Ministry responsible for technical and vocational education and training or their representative appointedinwriting bythePrincipal Secretary;

• (e) threepersonsnominatedbytheCouncilof County Governors;

• (f) two persons nominated by the association representing the largest number of professional firefighters in Kenya, oneofwhomshallbearepresentativeofvolunteer firefighters inKenya;

• (g) onepersonnominatedbytheumbrellabodyof emergency responders in Kenya;

• (h) one person representing private sector organizations in Kenya; and

• (i)theregistrarwho shall be an ex-officiomember andwho shallhavenovote.

• (2) The persons nominated under subsection (1)(e), (f), (g) and (h) aboveshall be appointed by theCabinet Secretarybynotice in the Gazette.

Headquarters

• 6.The headquarters of the Board shall be in Nairobi.

Functions of the

7. (1)TheBoardshall—

Board

• (a) protectpublicinterest by ensuringthatitsmembers observehigheststandards ofprofessional andethical conduct;

• (b) advise theNational and County Governments onfire prevention and fire and rescue services matters;

• (c) collaboratewithfireandrescueservicestraining institutions, professional associations, fire brigade organizations andother relevantbodies in matters relating totraining andprofessional development of fire and rescue servicesprofessionals;

• (d) license and regulate fire eand rescueservices professionals in Kenya;

• (e) register fire and rescue services professionals inKenya;

• (f) superviseanddiscipline fire andrescue services professionals in Kenya;

• (g) developa code ofconductforfire andrescue services professionals in Kenya;

• (h) develop andfacilitate adequate trainingprogrammes for licensed fire and rescue services professionals in Kenya;

• (i) set,maintain and continuously improve the standards of learning, professional competence and professional conductfor theprovision offire andrescue servicesin Kenya;

• ! determine,maintain and enhance the standards of professional practice and ethical conduct and learning for the fire and rescue services inKenya;

• (k) enforcerules and regulations under thisAct;

• (I) determine thefeeschargeablebylicensedfireand rescue servicesprofessionals inKenya;

• (u) from time to time, review and revise the fees

Powersof theBoard

Committees of the Board.

Delegation by the Board.

ConductofBusiness andAffairsof the Board

TenureandVacation ofOffice chargeablebylicensedfireandrescueservices professionals and firms in Kenya;

• (u) carry out any otherfunction necessary towardsmeeting the objects of thisAct.

(2)collaboratewith each countygovernmentin theperformance of its functions.

• 8.The Board shallhave such powers as arenecessary or expedientfor theproper discharge ofitsfunctions under thisAct
• 9.(l) The Board may establish committees which shall consist of such number of members as it may deem appropriate to perform such functions andduties astheBoardmaydetermine.
• (2)The Board shall appoint chairpersons of committees established under subsection (l) from among its members.
• (3)TheBoardmaywhere it considers appropriate,co-opt persons fromoutside theBoardbyvirtueoftheirknowledgeorexpertisein specific areas tobemembers ofitscommittees:

Provided that the persons co-opted by the Board shall be registered fire and rescue services professionals.

• (4)All decisionsby the committees established under subsection (1)shallberatifiedbytheBoard.
• 10.Subject to this Act, the Board may,by resolution either generally or in anyparticular case,delegate to any committee of the Board or to any member,officer,employee or an agent oftheBoard,the exerciseofanyofthefunctionsordutiesoftheBoardunderthisAct.

11. The conduct and regulation of business and the affairs of the BoardshallbeinaccordancewiththeSchedule.

• 12.(1) A member of the Board,except an ex-officio member, shall hold officefor a term of threeyears but shallbe eligiblefor reappointment for one further term of three years.
• (2) A member, other than an ex-officio member of the Board may—-
• (a) at any time resignfrom office by notice,in writing

to theCabinetSecretary;

• (b) beremovedfromofficebytheCabinetSecretaryon recommendationoftheBoardifthatmember—

• (i) hasbeenabsentfromthreeconsecutive meetings of theBoard without thepermission of the chairperson;

• (ii) is convictedof acriminaloffence and sentenced toimprisonmentfora termof six months or more without an option of a fine;

• (iii) becomes,for any reason including infirmity, incompetentorincapableofperformingthe functions of the office;

• (iv) ceases tobe a registeredperson under thisAct; or

• (v) is otherwise unable or unfitto discharge his or her functions.

Remuneration of BoardMembers

13. The Board shall pay its members remuneration or allowances as the Cabinet Secretary, in consultation with the Salaries and Remuneration Commissionmay determine.

Appointment of the Registrar

• 14.(l) There shall be a Registrar of the Board who shall be competitivelyrecruitedby theBoard and appointedbytheCabinet Secretary.

• (2) The Registrar shall hold office for such period and on such terms and conditionsofemployment as theBoardmay determine.

• (3)The Registrar shall be the Chief Executive Officer of the Board and shall, subject to the direction of the Board, be responsible for the day-to-day management of the Board.

• (4)A person shall not be appointed as a Registrar unless such person -

• (a) is registered as a fire and rescue services professional under this Act;

• (b) is in good professional standing;

• (c) has at least a degree from a university recognized in Kenyainfiremanagementor fire and rescue management, disaster management, engineering, operations, logistics, medicine, para-medicine, sociology, law, psychology, project management, safety and security,environment, health and safety, architecture, physical planning, or any other relevant qualification;
• (d) has at least ten years' experience in the field of fire and rescue;
• (e) has at least five years' experience in leadership in the public or private sector;
• (f)has knowledge and experience in policy formulation; and
• (g) meets the requirements of ChapterSix of the Constitution.

Functions of the Registrar

15. The Registrar shall

• (a) maintain the Register of persons registered in accordancewith thisAct;

• (b) sign,issue, renew and cancel certificates of registration and licenses asmaybedirected by the Board;

• (c) keep all documents and recordsincluding records of all assets ofthe Board;

• (d) prepare all documents due for gazettement as directed by the Board;

• (e) take and keepminutes of theBoard meetings;

• (f) enforce decisions oftheBoard;

• (g) keep the seal of the Board in such custody as the Board may direct;

• (h) in consultationwiththeBoard,beresponsibleforthe affairs andtransactionsoftheBoard;

• (i) be responsiblefor themanagement ofthe staffofthe Board;

• () managethebudgetof theBoardtoensurethatits funds are properly expended and accounted for; and

• (k) exercise andperform any otherfunctions whichthe 10

Limitation of Liability.

Registration of Fire and Rescue Services Professionals.

Qualifications ofa fire andrescue servicesprofessional Board may determinefrom time to time.

• 16.(1)A member oftheBoard shall not bepersonallyliablefor any act or default oftheBoard done or omitted ingoodfaith in the course of carrying out thefunctions of or exercising powers conferred upon the Board underthisAct.
• (2) Despite the provisions of subsection (1), the Board shall not berelieved ofits liability topaycompensation to anypersonfor anyinjury caused as a result of the exercise of anypower conferred by this Act or by failure,whetherwholly orpartially,of anyworks.

PARTIII-REGISTRATIONOFFIREANDRESCUE SERVICESPROFESSIONALS.

17. (l) A person shall not practice as a fire and rescue service professional,manage a fire and rescue services consulting firm or providefire and rescue consultancy and advisoryservices unless they areregisteredinaccordancewiththisAct.

• (2) In this section, practice as a fire and rescue service professional includes -

3. (a) providing fire and rescue professional services such as fire prevention, operating fire equipment for purposes of extinguishingfirewheresuchaprocessrequiresarescue professional, fire investigation, fire risk assessment, audit and inspection orrescue operation; 4. (b) carrying out or holding oneself as a fire and rescue service professional; or 5. (c) certifying or authorizing any process where a fire and rescue serviceprofessionalisrequiredunder anylawor administrative proceduretocertifyorauthorize. 6. 18.A person shall be eligible for registration as a fire and rescue services professional inKenya if such a person- 7. (a) has a degree,diploma or certificate in a fire and rescue services course from a recognized institution inKenya or equivalent qualifications from a recognized foreign

Institution;and

• (b) has undertaken and received practical and experiential learning in fire and rescue service practice for a period of at least one year in a recognized institution.

Applicationfor Registration

• 19.(1) A person eligible tobe registered as a fire and rescue services professional under section 18 of this Act, may apply to the Registrar, in a prescribed form and on payment ofprescribedfee,tobe registered under thisAct.

• (2)An application made under subsection (1) shall be accompaniedwith certified copiesofcertificates andother documents as arenecessarytoprovequalificationforregistration.

RegistrationofFire andRescueServices Consulting Firms

• 20.(1) Subject to the provisions of this Act, a person may register a fire and rescue services consulting firm if-

• (a) thefirm has a certificate ofregistrationof a business name or a certificate of incorporation;

• (b) has at least one partner or principal shareholder who is registered as a fire and rescue services professional under this Act;

• (c) at least fifty-one percent of the shares in the firm are held by Kenyan citizens; and

• (d) itfulfills any other condition asmaybe stipulated by the Board.

• (2) TheBoard mayregister fire and rescue services consulting firms in different categories and disciplines based on the criteria as shall be establishedbytheBoard.

Applicationfor registration asafire andrescue services consultingfirm

• 21.(l)A person who wishes to register a fire and rescue services consultingfirm under section 20,may apply to theRegistrar, in a prescribedform and onpaymentofa prescribedfee,toberegistered under thisAct.

• (2) An application made under subsection (1) shall -

• (a) beaccompaniedwithsuchdocumentsas are necessarytoprovequalificationforregistration

• (b) provide thefirm's profile of activities;

Considerationof Applicationfor registration

• (C) provide the curriculum vitae of partners and directors;
• (d) beaccompaniedwithawrittencommitmentthatthe Boardshall be allowedtoverifythesuitabilityofthe firm.
• (3)The Board may require the applicant to furnish such furtherinformationorevidenceofeligibilityforregistrationasitmay aninterviewbeforetheBoard.

22. (1) The Registrar shall, so far as is practicable, bring every application before the Board for consideration at its first meeting after receiving the application.

• (2)Where a person has complied with the provisions of this Act that person shall be registered.
• (3) The decision of the Board on an application for registration shall be communicated in writing to the applicant by the Registrar within twenty-one working days from the date of the decision of the Board.
• (4)Afterthe name ofa personis entered in the register,the Board shall issue to the applicant a certificate bearing a seal ofthe Board.
• (5)TheBoardmayissue otheridentificationdocuments that are valid for a specified period to a person registered under this Act
• (6)A certificate of registration and other identification documents issued under this section shall remainthepropertyof the Board.
• (7)Where the Registrar is satisfied that a certificate of he may upon payment of a fee set by the Board, from time to time, furnish a duplicate of the certificate of registration or any other document to the person towhom the original certificate of registration ofdocumentswereissued.

Provided that any person or entity that intends to carry on the business of a fire and rescue serviceconsultingfirm orfirebrigadefirm shall applyfor and obtaina tradelicencefromtherespective County Government.

Register

• 23.(l) The Registrar shall keep and maintain a Register of all registered persons and firms under this Act in such manner as the Board may prescribe.

• (2)TheRegister shall show the following details against the name of a person or firmwhose nameis entered in theRegister

• (a) date of entry;

• (b) address;

• (c) qualifications;

• (d) category;

• (e) fire and rescue services discipline;

• (f) nationality; and

• (g) such otherparticulars as theBoard may,from time to time,direct.

• (3)Anyperson may inspect theRegister and obtainfrom the Registrar a copy of or an extract from the Register, on payment of a prescribed fee.

Alterationof the register

• 24.(1) The Registrar may, from time to time, make changes or corrections in the Register relating to any entry.

• (2)Any changes or corrections in the entries made under this section shall bemadeby the Registrar as soon asit is practical after receipt of authenticatednotificationthereof.

Removal of persons fromtheregister

• 25.The Registrar shall removefrom the register the name of any person-

• (a) found to be of unsound mind;

• (b) who requests that his name be removed from the register;

• (c)whoisconvictedof anoffenceunder thisActor anyother law;

• (d)whose registrationis revokedthroughadisciplinary process under this Act;

• (e)is declared bankrupt; or

• (f)whose name hasbeenincorrectlyorfraudulently entered.

PARTIV-FINANCIALPROVISIONS

Fundsof theBoard

26.ThefundsoftheBoardshallconsist-

• (a) such monies or assets asmay accrue to orvest in the Board in the course of theexercise of its powers or performance of its functions under this Act;

• (b) suchmonies asmaybepayable totheBoard pursuant to thisAct or any otherwrittenlaw;

• (c) donations, gifts and endowments from lawful organizations or sources;

• (d) proceeds of any investments by the Board; and

• (e) grants

Annualestimates

27.(1)At least three months before thecommencement of each financial year,the Board shall cause tobe prepared estimates of the revenue and expenditure oftheBoardfor thatfinancialyear.

• (2) The annual estimates shall make provision for all estimated expenditure of the Board for the financial year and in particular, the estimatesshallprovidefor

• (a) payment of salaries, allowances and other charges in respectofthestaffoftheBoard;

• (b) payment of pensions, gratuities and other charges in respect offormer staffoftheBoard;

• (c) proper maintenance and repair of the buildings, grounds, equipment and any other property of the Board;

• (d) paymentof allowances of themembersof theBoard and the members of the Board; and

• (e) creationofsuchreservefundstomeetfutureor any contingent liabilities.

• (3)The annual estimatesshall be approved bytheBoard before

Accounts andAudit

Act No.34 of2015

FalseRegistration andLicensing the commencement of thefinancialyear towhich theyrelate and,once approved,the sumprovided in the estimates shall be submitted to the CabinetSecretaryfor approval.

• (4) No expenditure shall be incurred for the purposes of the Board except in accordance with the annual estimates approved under subsection(3),or in pursuance of an authorization of the Cabinet Secretary.

28. (1) The Board shall cause to be kept proper books and other records of accounts of the income,expenditure, assets and liabilitiesoftheBoard.

• (2) Within a period ofthree months after the end ofeachfinancial

4. year, the Board shall submit to the Auditor-General the accounts of the Board, in respect of that year, together with - 5. (a) a statementofincome and expenditureduring that year; and 6. (b) astatementoftheassetsandliabilitiesoftheBoard on thelast day of that financialyear; and 7. (c) any other statementsof accounts. 8. (2)The accounts of the Board shall be audited and reported upon in accordancewith thePublicAuditAct.

PARTV-OFFENCESANDPENALTIES

29. (1) A person who willingly procures or attempts to procure registration or licensing under the provisions of this Act by making or producingor causing tobemadeorproducedanyfalseorfraudulent representation or declaration,either orally or inwriting,commits an offence and is liable,on conviction,to a fine of not more than two hundred thousand shillings or to imprisonment for a term not exceeding three years, or both.

• (2) Where an offence under this section is committed by a legal person,thatlegal personshallbeliableon convictionto afine of notless than five hundred thousand shillings.

3. (3)TheRegistrarshall removefromtheRegister thenameof

anypersonregistered or licensed under thisActwhois convictedof an offence under thissection and cancel thelicenseheld.

Professional misconduct

30.(1) A person who is licensed as a fire and rescue services professionalunder thisAct commits anoffence of professional misconductifthatperson—

• (a) deliberatelyfailstofollow the standards ofconduct and practice ofthefire and rescueservicesprofessionset by the Board;

• (b) commits gross negligence in the conduct of his professionalduties;

• (c) allows another person topractice inhis name,where that person—

• i)is not registered or a holder of a license under this Act;

• ii) takes advantage of any person by abusing their position of trust, expertise or authority;

• iii) lacks regard or concern for client's needs or rights; or

• iv)showsincompetenceorinabilitytorender professional fire and rescue services.

• (2)A personwho commits an offence under this section shall, after due process,be de-registered,orbe suspended and have his name removed from the Register for such a period as the Board may determine.

Offences byPersons orTraining Institutions.

31. A person who, being in charge of a training institution which is not recognized by the Board as an institution registered or seeking registration under thisAct——

• (a) admits into theinstitutionunder hischarge any person for purposes of training in the fire and rescue services profession;

• (b) purports tobe conducting a course of training or examiningpersons seeking registrationunder thisAct;or

Prohibition for the use of the term"fire andrescue services professional"by unregisteredpersons

Prohibition of employmentof unregisteredperson

• (C issues any document, statement, certificate or seal implying that
• i)theholder thereofhasundergone acourse of instruction or has passed an examination recognized by the Board; and
• i)the institutionunder his or her charge is recognized by theBoard as an institutionfor training of persons seeking registration,

commitsanoffence andis liable on conviction to afine of one million shillings or toimprisonmentfor a term not exceeding three years, or both.

• 32.(1) The terms "fire and rescue services professional" and "fire and rescue services consultant"are protected under thisAct and shall onlybe applied topersonsorbodiesfulfilling therequirements of this Act.
• (2)Apersonwho,beingnotregistered or licensed under thisAct
• (a) style or form or titleof"fire and rescue services professional"or"fire andrescueservices consultant" in describing his occupation; or
• (b) displays anysign,board,cardorotherdeviceoruses a prescribedstamprepresentingorimplyingthat he isa fire and rescue servicesprofessional commits an office
• (3)TheBoard may howevergrant exemptions upon application to anyperson or group ofpersonsfor the use of the description or use of the term"fire and rescue services professional"or "fire and rescue servicesconsultant"

33. (1) A person shall not employ or continue to employ any person to offer professional fire and rescue services or works if that person is not registered under this Act.

• (2)A person shall not takeupor continuein any employment as afire and rescue services professionalor fire andrescue services consultant unless that person is registered as a fire and rescue services professional orfire andrescue servicesconsultant.

Complaints and Disciplinary Proceedings by the Board

(3)A person who contravenes anyprovisionof this section commitsanoffence.

PARTVI-COMPLAINTSANDDISCIPLINEBYTHEBOARD

34.(1) A person who,being dissatisfied with any professional fire and rescue services offered or alleging a breach of the standards of conductspecified bytheBoardfromtime to time,by aregistered or licensed person under this Act,may make,in a prescribed manner,a written complaint to theBoard.

(2) Upon an inquiryheld by theBoard to determine a complaint made under subsection (1), the person whose conduct is being inquired into shall be afforded an opportunity of being heard, either in person or through a representativeofhisownchoice.

section,theBoard may administeroaths,enforce attendance ofpersons as witnesses and production of books and documents as evidence.

witness or toproduce anybooks or documentswhich he is required to produce, commits an offence.

(5) Subject to this section and rules of procedure made under this Act, the Board may regulate its own procedure in disciplinary proceedings.

(6)WheretheBoard issatisfied that anyperson registeredor licensedunder thisActhasbeen—

• (a) convicted of an offence under this Act or under any other law punishable by imprisonment, the commission of which, in the opinion of the Board, has dishonored himin the public estimation; or
• (b) guilty of negligence or malpractice in respect of his profession; or
• (c) guilty of impropriety or misconduct in respect of his profession;

theBoard may,subjectto theprovisions of thisAct—

• (a) direct the removal of such person's name from the Register;
• (b) issue a written warning or reprimand;

Regulations

• (c) cancel such person's licence; or suspend such person's licence or registration for a period not exceeding two years or impose a fine, for a natural person, not exceeding two hundred and fifty thousand shillings and, for a legal person, a fine of two million shillings.
• (7)A personwhose name hasbeen removed from theRegister orwhoselicence hasbeen cancelled or suspended under theprovisions ofthisActshall surrender his certificateofregistration or thelicenceto the Registrar.
• (8)Apersonwhofails to surrender thelicence or certificate of registration as required under subsection(7) commits an offence and is liable on conviction,in case of a natural person,to a fine of fifty thousand shillings and,in case ofa legal person,to a fine ofone hundred thousand shillings.
• (9)Despite any other provisions in this Act, the Board shall not remove the name of a personfrom the Register,or cancel alicence issued to thatperson unless
• (a) atleasttwo-thirdsofthemembersoftheBoardso decide;
• (q) theBoard hasgiventhelicensee at least twenty-one calendar days'notice of its intention tocancel a licence;and
• C ithasprovidedthelicenseewithanopportunityto makerepresentationtotheBoard.

35. A person aggrieved by a decision of the Board under this Act may,within thirty days from the date of the Board's decision, appeal to the High Court and in any appeal the High Court may annul or vary the

• Appeals decision as it may consider necessary.

PARTVII-MISCELLANEOUSPROVISIONS

36.(1) The Cabinet Secretary may make Regulations generally for the better carrying into effect of any provisions of this Act.

(2) Without prejudice to the foregoing, regulations made under thissection mayprovidefor- Transitional Provisions.

Election of the vicechairperson

Meetings of the Board

• (a) the manner of issue, amendment, renewal,revocation, andsuspensionoflicenses;
• (b) the duties of licensed fire and rescue services professionals when giving professional advice on fire prevention, conducting a fire disaster rescue operation, orotherfireservicesundertheprovisionsof anywritten laworcontract;
• (c) the accounts and records to be kept by licensed fire brigadeprofessionals;
• (d) the procedure for disciplining licensed fire brigade professionals;
• (e) the forms tobe used, the fees payable by and the remuneration of licensedfire brigade professionals; and
• (f)the training of fire and rescue services professionals.
• 37.(1)A personwho,prior to the date of commencement of this Act, was practicing as a fire and rescue service practitioner and doesnotholdtheprescribedacademicqualificationsfor registration under this Act shall,withinone year of the commencementoftheAct,complywiththerequirementsofthis Act.
• (2)A person who,priorto the dateofcommencement ofthis Act, waspracticing as afireandrescueservicepractitioner andholds the requiredacademicqualifications underthisAct shallapplyfor registrationbytheBoardwithinoneyear of comingintoforce of this Act.

SCHEDULE (S. 11) CONDUCTOFTHEAFFAIRSOFTHEBOARD

• 1.Themembers oftheBoard shall at theirfirst meetingelect avicechairpersonfromamongthemselves.
• 2.(1) The Board shall have at least four meetings in everyfinancial year and not more than four months shall elapse between one meeting and the next meeting.
• (2) Meetings shall be convened by theSecretary in consultation

Declaration of conflictofinterest withthechairperson.

• (3) Unless three-quarters of the members otherwise agree, at least seven days'notice of a meeting shall begiven toevery member.

2. (4)The Chairpersonshallpresideatall meetingsof theBoard and in the absence of the Chairperson,theVice-chairperson shall preside.

• (5) In the absence of both the chairperson and the vice chairperson,the members present and forming a quorum shallelect one of theirmembers topreside over themeeting of the Board.
• (6) The Board shall hold a minimum of six meetings in every financial year.
• (7) The Chairperson shall issue to members at least four days noticebeforeanymeetingof theBoardmaybeheld.

6. 3.(1) If a person is directly or indirectly interested in any contract, proposed contract or other matter before theBoard and is present at a meeting of the Board at which the contract, proposed contract or other matter is the subject of consideration,the member shall, at the meeting and as soon aspracticable afterthe commencement thereof,disclose the fact and shall not takepart in the consideration or discussion of, or vote on,any questions with respect to the contractor other matter or be counted in the quorum of the meeting during consideration of the matter. 7. (2)Amember or staff of theBoardwhosepersonal interest conflictswiththeir official dutiesshall— 8. (a) in writing, declare the personal interest to their andcomplywith any directionsgiventoavoid the conflict; and 9. (b) refrain from participating in any deliberations withrespect tothematter. 10. (3)Amember orstaffoftheBoardshall not award a contract or influencetheawardofacontractto— 11. (c) themselves; 12. (d) a spouse or relative;

Quorum

Voting

Minutes

• (e) a business associate; or
• (f) a corporation,partnership or body in which the member has aninterest.
• (4)A disclosure of interest made under subsection (1) shall be recorded in the minutes of the meeting at which it is made.
• (5)A person who contravenes subsection (1) shall be guilty of an offence and shall be liable upon conviction to afine not exceeding five hundred thousand shillings or to imprisonmentforatermnotexceeding3yearsortoboth such fine and imprisonment.
• (6) No member or staff of the Board shall transact any business or tradewiththeBoard.
• 4.The quorum of meetings of theBoard shall be sixmembers.
• 5.A decision oftheBoard shall be carried by a majority of the members present and voting and, in the case of an equality of votes, the person presiding at the meeting shall have a second or castingvote.

6. Minutes of all meetings shall be kept and entered in records kept for that purpose.

I certify that this printed impression is a true copy of the Bill as passed by the Senate on 5th December,2024.

Endorsed for presentation to the National Assembly in accordance with the provisions of Standing Order 156 of the Senate Standing Orders.

SpeakeroftheSenate