CAP. 532

Point in Time

Act No: CAP. 532

Act Title: VALUERS

SUBSIDIARY LEGISLATION

Arrangement of Sections

THE VALUERS (PROFESSIONAL MISCONDUCT) (PROCEDURE) RULES, 1987

THE VALUERS (PROFESSIONAL MISCONDUCT) (PROCEDURE) RULES, 1987

[Legal Notice 32 of 1987]

1.	These Rules may be cited as the Valuers (Professional Misconduct) (Procedure) Rules, 1987.

2.	In these Rules, "professional misconduct", in relation to a charge against a registered valuer, means conduct which the Board deems, after due inquiry, to be professional misconduct.

(1) A registered valuer shall be guilty of professional misconduct if he—

(a)	enters into a partnership with an unregistered person to carry on business as practising valuers;

(b)	accept any professional valuation work which involves the giving or receiving of discounts or commissions;

(c)	solicits instructions in any manner whatsoever or knowingly proceeds with work which is entrusted to another valuer before communicating with that valuer;

(d)	undertakes any specialized valuation work for which he is in doubt as to the adequacy of his professional experience to undertake;

(e)	prepares or certifies any statement which is false, incorrect or misleading by reason of the mis-statement, omission or suppression of a material fact or otherwise;

(f)	deviates from the schedule of fees prescribed by the Board by charging less or more than the charges laid down without notifying the Board of his intention to do so, and the reasons for and extent of such deviation and receiving the Board's sanctions thereto;

(g)	tenders or quotes fees outside the scales laid down by the Board;

(h)	being a registered valuer in employment accepts professional work on his own account without the knowledge and consent of his employer unless his contract of service expressly authorises him to do so;

(i)	undertakes or accepts instructions for professional work on the basis that if successful results is not attained, a reduction of the fees laid down in the scales of charges will be made or that no fees will be charged;

(j)	commissions another registered valuer and pays less than the agreed fees;

(k)	advertises or publicly offers his services by means of circulars, displays or otherwise;

(l)	conducts himself in a manner which the Board may deem incompetent, dishonourable or grossly negligent in connection with the work performed by him;

(m)	offers, expresses or communicates to the public any criticism or adverse comment on the professional services or conduct of another registered valuer;

(n)	gives expert evidence in courts or before other judicial bodies if he has financial interest, however remote, in the proceedings other than proper and reasonable fees payable for the services.

(2) A registered valuer will be held responsible for the acts of members of his staff so far as they relate to matters coming within the scope of his professional practice.

4.	An inquiry into the conduct of a registered valuer 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 valuer.

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 affidavit.

6.	Upon receipt of a complaint against a registered valuer, the Board shall notify the valuer complained against, giving the grounds of the complaint under cover of registered letter sent to his last known address.

(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 valuer whose conduct is subject of investigation a copy of the statement prepared in pursuance of sub- paragraph (1).

(1) The registrar shall give notice of the date, time and place fixed for the inquiry to the valuer whose conduct is the subject of inquiry.

(2) Where a valuer whose conduct is the subject of inquiry fails to appear either personally or by his advocate at the time and place fixed in the notice served to him, the inquiry may proceed notwithstanding his absence.

(3) The Board may of its own motion or upon a request by the valuer whose conduct is the subject of the inquiry adjourn the hearing upon such terms as it thinks fit.

9.	(1) The chairman 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.

(2)	Any party to an inquiry before the Board shall be entitled to inspect the record and any party entitled to be heard in any appeal under the Act shall be entitled to be supplied with a copy of the proceedings upon payment of the copying charges presented by the Board.

Laws of Kenya