Point in Time
Act No: CAP. 532
Act Title: VALUERS
[ Date of commencement: 9th April, 1985. ]
[ Date of assent: 13th December, 1984. ]
PART I – PRELIMINARY
1.
Short title

This Act may be cited as the Valuers Act.

2.
Interpretation

In this Act, unless the context otherwise requires—

“Board” means the Valuers Registration Board established by section 3;

“practising valuer” means a person who carries out and prepares valuations in respect of any type of movable or immovable property;

“register” means the register kept under section 6;

“registered valuer” means a person whose name is for the time being entered on the register;

“registrar” means the registrar of the Board appointed under section 5.

PART II – ESTABLISHMENT OF THE BOARD
3.
Establishment of the Board
(1)

There is hereby established a Board, to be known as the Valuers Registration Board, which shall have the responsibility of regulating the activities and conduct of registered valuers in accordance with the provisions of this Act.

(2)

The Board shall—

(a)

be a body corporate with perpetual succession and a common seal;

(b)

in its corporate name be capable of suing and being sued;

(c)

be capable, for and in connection with the carrying out of the purposes of this Act, of acquiring, holding and disposing of movable and immovable property.

(3)

The provisions of the Schedule shall have effect in relation to the Board.

4.
Limitation of liability of members of the Board

No member of the Board shall be personally liable for any act or default of the Board done or omitted to be done in good faith in the course of carrying out the responsibilities and functions of, or exercising the powers conferred upon, the Board.

PART III – THE REGISTRAR AND THE REGISTER
5.
Appointment of registrar

The Minister shall appoint a public officer as the registrar of the Board who shall hold and vacate his office in accordance with the terms of his appointment.

6.
Register of valuers
(1)

The registrar shall keep and maintain a register in which the name of every person entitled to have his name entered therein shall be entered after his being accepted by the Board for registration under this Act showing against the name—

(a)

the date of the entry in the register;

(b)

the address of the person registered;

(c)

the qualifications of the person; and

(d)

such other particulars as the Board may from time to time direct.

(2)

All changes in the particulars registered under subsection (1) shall be entered on the register by the registrar.

7.
Certificate of registration
(1)

Where the name of a person has been entered in the register the registrar shall issue to him a certificate of registration in the prescribed form and the certificate shall remain the property of the Board.

(2)

Where the name of a person has been removed from the register, the Board shall give notice to that person, or if he is dead to his legal personal representative, requiring the certificate of registration to be surrendered to the Board.

(3)

A person who fails to comply with the requirements of a notice given under subsection (2) within twenty-one days after the receipt by him of that notice shall be guilty of an offence and liable to a fine not exceeding five thousand shillings.

(4)

A certificate of registration issued by the registrar shall be valid and shall remain in force for one year, but shall be renewable on the payment of the prescribed fee; and if the prescribed fee has been paid before the renewal date and there is no order for the name of the holder of the certificate to be removed from the register, the certificate shall remain in force until it is again due for renewal.

(5)

In event of the certificate of registration being lost or destroyed and the loss or destruction being proved to the satisfaction of the Board, the registrar shall issue a duplicate of the certificate to the registered valuer on payment of the prescribed fee.

8.
Publication of register and list
(1)

The registrar shall cause to be published in the Gazette, as soon as may be practicable after entry in the register, the name, address and qualification of each registered valuer and, subject to the directions of the Board, he may cause to be so published any amendments to the register.

(2)

The registrar shall cause to be published in the Gazette at the beginning of each year a list containing the names, addresses and qualifications of all registered valuers then appearing on the register.

9.
Publication prima facie evidence of registration

Publication under section 8 shall be prima facie evidence that the persons named therein are registered valuers and the deletion from the register of the name of any person notified by the publication, or the absence of the name of any person from the publication, shall be prima facie evidence that the person is not registered.

10.
Inspection of register

Any person may, during normal office hours and on payment of the prescribed fee, inspect the register or any document relating to an entry in the register and may obtain from the registrar a copy of or an extract from the register or of or from any such document.

11.
Proof of documents
(1)

In any legal proceedings a document purporting to be a copy of, or an extract from the register or of or from any document kept or published by the registrar, shall be admissible as prima facie evidence of the contents of the register or document.

(2)

The registrar shall not, in any legal proceedings to which he is not a party, be compelled—

(a)

to produce the register or any document if its contents can be proved under subsection (1); or

(b)

to appear as witness to prove an entry in the register or the matters recorded in the register or any document,

unless the court for special cause so orders.

PART IV – REGISTRATION
13.
Acceptance for registration
(1)

Upon application being made to the Board in the prescribed form by a person claiming to be qualified under section 12 and upon payment of the prescribed fee the Board shall consider the application and if it is satisfied that the person is so qualified it shall accept that person for registration and shall direct the registrar to enter the name of the person on the register.

(2)

The consideration of an application under this section shall be undertaken by the Board and shall not be delegated to any committee of the Board.

14.
Registration in exceptional circumstances
(1)

Where a person satisfies the Board—

(a)

that he is qualified under section 12; and

(b)

that he is not ordinarily resident in Kenya; and

(c)

that he is or intends to be present in Kenya and engage in practice as a valuer for the specific work for which he has been engaged,

the Board may direct that the person shall be registered either for a period not exceeding one year or for the period of the duration of the specific work which he has been engaged to do.

(2)

An application for registration under this section shall be in the prescribed form and be accompanied by the prescribed fee; and the Board shall require the applicant to produce documentary evidence of his work or employment immediately prior to his coming to Kenya and may require him to appear before it for the purpose of considering his application.

15.
Removal of name from register
(1)

The Board may, at any time after being satisfied that a registered valuer has—

(a)

died; or

(b)

failed to pay the prescribed fee; or

(c)

failed, within a period of six months from the date of an inquiry sent by the registrar by prepaid registered letter to the address appearing in the register against his name, to notify the registrar of his current address; or

(d)

requested his name to be removed from the register; or

(e)

had his name entered in the register by mistake or by reason of any false or misleading information; or

(f)

had his qualification under section 12 withdrawn or cancelled by the body through which it was acquired or by which it was awarded; or

(g)

been adjudged bankrupt; or

(h)

been found by the Board to be guilty of an act or omission contrary to the public interest or misconduct as is described in section 24; or

(i)

been convicted of an offence under this Act; or

(j)

being a company, been placed under receivership or in liquidation whether compulsorily or voluntarily,

direct that the name of the registered valuer be removed from the register.

(2)

Except in the circumstances specified in subsection (1)(a) the removal of a person’s name from the register shall be notified by the registrar to the registered person by a registered letter sent to the address appearing against his name in the register.

(3)

The registrar shall cause to be published in the Gazette, as soon as practicable, the name, address and qualifications of a person whose name is removed from the register under this section.

16.
Restoration of name on register
(1)

Where the name of any person has been removed from the register under section 15 or section 17(c) the name of that person shall not again be entered on the register except on the direction of the Board.

(2)

Where the name of any person has been removed from the register or the registration of any person has been suspended in the terms of section 17(b) the Board may, either of its own motion or on the application of any person made in the prescribed form, and in either case after holding such inquiry as the Board considers necessary, direct that—

(a)

the removal from the register be confirmed; or

(b)

the name of that person be restored on the register; or

(c)

the suspension of the registration of that person be terminated.

(3)

A direction given by the Board under subsection (2) may include provision for the date upon which restoration on the register or the termination of a suspension of the effect of registration shall take effect and for the payment by the person concerned of such fee, not exceeding the fee payable on an application for registration, as the Board may prescribe.

17.
Power to suspend registration, etc.

If a registered valuer is convicted of an offence under this Act, or is, after due inquiry held by the Board, found to have been guilty of an act or omission amounting to professional misconduct or activities contrary to the public interest the Board may—

(a)

caution or censure the registered valuer; or

(b)

direct that, during such period as the Board may specify, his registration shall be suspended; or

(c)

direct that his name be removed from the register; or

(d)

impose a fine not exceeding ten thousand shillings.

18.
Procedure at inquiry
(1)

Upon an inquiry being held by the Board under this Act, the registered valuer in respect of whom an inquiry is held may appear at the hearing in person or by an advocate.

(2)

For the purposes of proceedings at an inquiry held by it, the Board shall have power—

(a)

to administer oaths;

(b)

to summon persons to attend and give evidence; and

(c)

to order the production of documents.

(3)

Any summons or order issued under the hand of the chairman or the vice-chairman shall be deemed to have been issued by the Board.

(4)

The chairman, or in his absence the vice-chairman, of the Board shall record or cause to be recorded a summary of any oral evidence given at an inquiry held by the Board.

(5)

Subject to this section and to any rules made under section 25, the Board shall have power to regulate its own procedure.

(6)

For the purposes of an inquiry held under this Act the Board shall, not less than twenty-one days prior to the date of inquiry, notify by registered letter all the persons concerned.

(7)

Any person upon whom summons or an order is served under this section by the chairman or vice-chairman of the Board who—

(a)

refuses or neglects without sufficient cause to attend at the inquiry; or

(b)

refuses without sufficient cause to answer fully and satisfactorily to the best of his knowledge and belief all questions put to him by or with the concurrence of the Board; or

(c)

refuses or omits without sufficient cause to produce any document in his possession or under his control which is specified in the summons or order,

shall be guilty of an offence and liable to a fine of four thousand shillings or to imprisonment for a term not exceeding six months or to both.

19.
Appeals against refusal to register, etc.

Any person aggrieved by a decision of the Board—

(a)

refusing to register his name; or

(b)

removing his name from the register; or

(c)

suspending his registration under this Act; or

(d)

refusing to restore his name on the register,

may, within twenty-eight days of receiving the written decision of the Board, appeal to the High Court against the decision of the Board and in the case of such appeal—

(i) the appeal shall be treated as an appeal to the High Court from a subordinate court exercising civil jurisdiction;
(ii) the High Court may give such directions as it deems fit; and
(iii) the decision of the High Court shall be final.
PART V – MISCELLANEOUS PROVISIONS
20.
Effect of registration

Every person whose name has been entered on the register shall, so long as his name remains on the register, be entitled to adopt and use the title “Registered Valuer” and such contraction thereof as the Board may approve.

21.
Unregistered persons not to practice as valuers
(1)

After the expiration of six months from the commencement of this Act or such further period as the Minister may, by notice in the Gazette, allow either generally or in respect of any particular person or class of persons—

(a)

no individual shall carry on business as a practising valuer unless he is a registered valuer;

(b)

no partnership shall carry on business as practising valuers unless all the partners whose activities include the doing of acts by way of such practice are registered valuers;

(c)

no body corporate shall carry on business as valuers unless the directors thereof whose duties include the preparation of valuations in respect of any type of movable or immovable property are registered valuers.

(2)

Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding twelve months or to both.

22.
Indemnity requirements
(1)

After the expiration of six months from the commencement of this Act, no person shall carry on business as a practising valuer unless there is in force in relation to his business a guarantee bond or a policy of insurance entered into or issued by an insurance company approved by the Board, so expressed as to guarantee that compensation shall be payable to persons suffering monetary loss through the professional negligence of the persons so practising.

(2)

For the purposes of subsection (1), the minimum guarantee bond or policy of insurance entered into or issued by an insurance company shall be—

(a)

in the case of a business carried on by an individual registered valuer, a sum of two hundred thousand shillings;

(b)

in the case of a business carried on by two or more individuals, the sum specified in paragraph (a) multiplied by the number of registered valuers; and

(c)

in the case of a business carried on by a body corporate the sum specified in paragraph (a) multiplied by the number of directors whose acts include the doing of acts of practice as registered valuers.

(3)

Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding twelve months or to both.

23.
Carrying on practice for purposes of winding-up, etc.

Notwithstanding any other provisions of this Act, where any person ceases to carry on business as a practising valuer by reason of his death or insolvency, or by reason of having been adjudicated as being of unsound mind, the practice may be carried on for the purposes of winding up or being disposed of by a registered valuer appointed in that behalf by the person for the time being authorized by law to deal with the property of such person for a period not exceeding twelve months from the date of the death or commencement of the disability.

24.
Dishonest practices

Any person who—

(a)

fraudulently makes, or causes or permits to be made, any false or incorrect entry in the register or any copy thereof; or

(b)

fraudulently procures or attempts to procure the entry in the register of any name or other particulars whether on his own behalf or on behalf of any other person; or

(c)

knowingly and wilfully makes any statement, oral or written, which is false in a material particular or which is misleading with a view to gaining any advantage or privilege under this Act whether for himself or for any other person,

shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to imprisonment for three years or to both.

25.
Rules

The Minister may, after consultation with the Board, make rules generally for the better carrying out of the purposes of this Act, and without prejudice to the generality of the foregoing, any such rules may—

(a)

prescribe anything which under this Act may be prescribed;

(b)

provide for the conduct of the business of the Board and the procedure to be followed by the Board at any inquiry under this Act;

(c)

provide for the appointment by the Board from amongst its members of sub-committees and the co-option of persons thereto;

(d)

provide for the appointment and duties of officers of the Board;

(e)

provide for the exemption of any person or class of persons from all or any of the provisions of this Act, provided they comply with such conditions as may be prescribed by the rules;

(f)

provide for the definition of professional misconduct;

(g)

prescribe the procedure to be followed by person applying for registration;

(h)

prescribe the fees to be charged under, and the forms to be used for the purposes of this Act;

(i)

prescribe the charges which may be made for services rendered by way of practice as valuers.

26.
Finance

The Minister may, with the consent of the Treasury, out of moneys provided by Parliament—

(a)

make to the Board such grants as may be necessary to enable it to discharge its functions under this Act;

(b)

pay remuneration and travelling and other allowances to the members of the Board other than members who are public officers in receipt of a salary;

(c)

make such other payments as may be necessary for the better carrying into effect of the provisions of this Act.

SCHEDULE [Section 3(3), Act No. 11 of 1992, Sch.]