1.  Estate Agent

Estate agents in Kenya are regulated by the Estate Agents Act. The Estate Agents Act is an Act of Parliament that provides for the registration of persons who, by way of business, negotiate for or otherwise act in relation to the selling, purchasing or letting of land and buildings erected thereon and the regulation and control of the professional conduct of such persons.

The responsibility of registering estate agents and ensuring that the competence and conduct of practicing estate agents are of a standard sufficiently high to ensure the protection of the public is charged to the Estate Agents Registration Board (EARB).The EARB issues a certificate of registration in the prescribed form to any person whose name is entered in the register of estate agents.

A Kenyan citizen is entitled, on making an application to EARB in the prescribed form and on payment of the prescribed fee, to be registered as an estate agent if they are:

1. A full member of the Institution of Surveyors of Kenya in the chapters of Valuation and Estate Management Surveyors, Building Surveyors and Land Management Surveyors.
2. A corporate member of the Royal Institution of Chartered Surveyors (in the General Practice or Land Agency or Agriculture sections) and he is qualified to be or is a full member of the Institution of Surveyors of Kenya in the chapters of Valuation and Estate Management Surveyors, Building Surveyors and Land Management Surveyors.
3. A holder of a degree, diploma or licence of a university or college or school or a member of an institution the membership of which is recognized for the time being by the EARB as furnishing sufficient evidence of an adequate academic training for practice as an estate agent and has had, to the satisfaction of the Board, practical postqualification experience in such practice of not less than two years of which not less than six months has been in Kenya.
4. Is of good character and satisfies the EARB that he has not been convicted whether in Kenya or elsewhere of an offence involving fraud or dishonesty.

The certificate of registration issued by the registrar of the EARB remains in force for one year and is renewable on the payment of the prescribed fee. Where a registered estate agent pays the prescribed fee before the renewal date and there is no order for their name to be removed from the register the certificate remains in force until it is renewed. The publication in the Gazette, at the beginning of each year, a list containing the names, addresses and qualifications of all registered estate agents is prima facie evidence of registration of an estate agent.

The EARB has the power to remove a name from register at any time after being satisfied that a registered person has died, failed to pay his renewal or registration fee, requested his name to be removed from the register, been found guilty of any act or omission contrary to the public interest or misconduct, had his name entered in the register by mistake or by reasons of false or misleading information, had his qualification withdrawn or cancelled or been adjudged bankrupt.

In the unfortunate incident that the name of a person is removed from the register the EARB is to give notice to that person, or if they are dead, to their legal personal representative, requiring them to surrender the certificate of registration to them. Failure to comply with this requirement of a notice within twenty-one days makes one guilty of an offence and liable to a fine not exceeding five thousand shillings.

Appeals by any person aggrieved by a decision of the EARB such as refusing to register their name, removing their name from register, suspending their registration under the Estate Agents Act; or refusing to restore their name on the register, are to within twenty-eight days of receiving the written decision of the Board, be appealed to the High Court.

The appeal is to be treated as an appeal to the High Court from a subordinate court exercising civil jurisdiction and the High Court may give such decision as it deems fit; and its decision is final.

2. Valuers

The Valuers Act defines a practising valuer as any person who carries out and prepares valuations in respect of any type of movable or immovable property.

A person is entitled, on making an application to the Valuers Registration Board in the prescribed form and on the payment of the prescribed fee, to be registered as a practising valuer and have their name entered in the register if they are: 

1. A full member of the Institution of Surveyors of Kenya (Chapter of Valuation and Estate Management Surveyors).
2. A corporate member of the Royal Institution of Chartered Surveyors (in the General Practice or Land Agency or Agriculture Sections) and he are qualified to be or is a full member of the Institution of Surveyors of Kenya (Chapter of Valuation and Estate Management Surveyors).
3. The holder of a degree or diploma from any university or college which is recognized for the time being by the Board and qualifies him to be a full member of the Institution of Surveyors of Kenya (Chapter of Valuation and Estate Management Surveyors). 

The Valuers Registration Board has the power to direct that the name of a registered valuer be removed from the register. This power is exercised once the Board is satisfied that a registered valuer has:

1. Died.
2. Failed to pay the prescribed fee for registration. 
3. 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.
4. Requested their name to be removed from the register. 
5. Had their name entered in the register by mistake or by reason of any false or misleading information.
6. Been adjudged bankrupt. 
7. Been found by the Board to be guilty of an act or omission contrary to the public interest or misconduct.
8. Been convicted of an offence under the Valuers Act. 
9. Being a company, been placed under receivership or in liquidation whether compulsorily or voluntarily.

Appeals by any person aggrieved by a decision of the Valuers Registration Board are to be appealed to the High Court. The grounds for such an appeal are as follows:

1. Refusing to register their name.
2. Removing their name from register of valuers.
3. Suspending their registration under the Valuers Act.
4. Refusing to restore their name on the register, are to within twenty-eight days of receiving the written decision of the Board. 

The appeal is treated as an appeal to the High Court from a subordinate court exercising civil jurisdiction. The High Court may give such direction as it deems fit and its decision is final.

3.  Architects

The Architects and Quantity Surveyors Act provides for the registration of architects and quantity surveyors. 

The qualifications for an individual to be registered as an architect in Kenya are as follows:

1. Attained the age of twenty-one years.
2. Had a minimum of five years of approved training followed by at least one year of practical experience in the work of an architect to the satisfaction of the Board, and has passed a prescribed examination.
3. Had a minimum of one year of professional experience in Kenya to the satisfaction of the Board or has satisfied the Board that he has otherwise acquired an adequate knowledge of Kenya building contract procedures.
4. Paid the prescribed registration fee.

Some of the roles an architect performs include project inspection, schematic design, design development, construction documents, construction and contract administration, project management and interior design.

4. Physical Planners

The Physical Planners Registration Act provides for the registration of physical planners.

A person is entitled, on making an application to Physical Planners Registration Board in the prescribed form and on the payment of the prescribed fee, to be registered and to have their name entered in the register if—

1. They  hold of a bachelor’s or postgraduate degree in urban or regional planning or both from any university which is recognized for the time being by the Board and has passed an examination prescribed by the Board.
2. They have been admitted as a corporate member of an approved professional institution whose qualifications for such admission are not less than those prescribed above.

A person is not eligible to take the examinations prescribed by the Board unless they have two years post qualification practical experience in physical planning.

It is important to note that the Board may require the applicant to satisfy the Board that their professional and general conduct has been such that, in the opinion of the Board, is fit and proper person to be registered.

The Physical Planners Registration Board may direct that the name of a registered physical planner be removed from the register when satisfied that a registered physical planner has—

1. Died.
2. Failed to pay the prescribed fee.
3. 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.

4. Requested his name to be removed from the register.
5. Had his name entered in the register by mistake or by reason of any false or misleading information.
6. Had his qualification withdrawn or cancelled by the body through which it was acquired or by which it was awarded.
7. Been adjudged bankrupt.
8. Been found by the Board to be guilty of an act or omission prejudicial to the public interest or misconduct.
9. Been convicted of an offence under this Physical Planners Registration Act.
10. Being a company, been placed under receivership or in liquidation whether compulsorily or voluntarily.

A registered physical planner whose name is removed from the register is to be informed in writing by the Registrar of the removal of their name by a registered letter sent to the address appearing against their name in the register.

Where the name of a registered physical planner is removed from the register or their registration has been suspended 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:

1.  The removal from the register be confirmed.
2. The name of that physical planner be restored on the register.
3. The suspension of the registration of that physical planner be terminated.

Appeals by any person aggrieved by a decision of the Physical Planners Registration Board are to be appealed to the High Court within sixty days after he has received the written decision of the Board, appeal to the High Court against the decision of the Board and in the case of such appeal.

The grounds for such an appeal are as follows:

1. To refuse to register their name,
2. To remove their name from the register
3.  To suspend the effect of registration of their name
4.  To refuse to restore their name to the register 

The High Court may give such directions in the matter as it thinks proper, and any order of the High Court under this section shall be final.

5. Quantity Surveyor

The Architects and Quantity Surveyors Act provides for the registration of architects and quantity surveyors. 

A person is entitled, on making an application to the Board of Registration of Architects and Quantity Surveyors in the prescribed form and on the payment of the prescribed fee, to be registered as a practising quantity surveyor and have their name entered in the register of quantity surveyors. 

The qualifications for registration as quantity surveyor are as follows:

1. Attain the age of twenty-one years and either pass the prescribed examination or admitted as a corporate member of an approved professional institution whose qualifications for such admission include the equivalent of such prescribed examination 
2. Had a minimum of one year of professional experience in Kenya to the satisfaction of the Board or satisfied the Board that they have otherwise acquired an adequate knowledge of Kenya building contract procedures.
3. Paid the prescribed registration fee.

Appeals by any person aggrieved by a decision of the Board of Registration of Architects and Quantity Surveyors are to be appealed to the High Court. The grounds for such an appeal are as follows:

5. To refuse to register their name,
6. To remove their name from the register
7.  To suspend the effect of registration of their name
8.  To refuse to restore their name to the register 

The High Court may give such directions in the matter as it thinks proper, and any order of the High Court under this section shall be final.

The Architects and Quantity Surveyors Act does not extend to naval architects.

REFERENCES

Architects and Quantity Surveyors Act Chapter 525 Laws of Kenya

Physical Planners Registration Act No. 3 of 1996

The Valuers Act Chapter 532 Laws of Kenya

The Estate Agents Act Cap 533 Laws of Kenya