The Fire and Rescue Services Professionals Bill, 2023

Background

The Fire and Rescue Services Professionals Bill, 2023 aims to provide a structured regulatory framework for the fire and rescue services sector in Kenya. By establishing a dedicated professional board, the Bill intends to improve standard enforcement, encourage quality vocational training, and protect members of the public from unethical practices during emergency and safety operations.

Key Provisions

Establishment of the Board

Section 4 establishes the Fire and Rescue Services Professionals Board as a body corporate. Under Section 5, the Board will comprise:

• A non-executive chairperson appointed by the President;
• The Principal Secretaries (or their representatives) for fire and rescue services, finance, and technical/vocational training;
• Three persons nominated by the Council of County Governors;
• Two professional firefighters (including one representative of volunteer firefighters);
• One representative of emergency responders;
• One representative of private sector organizations; and
• The Registrar, who serves as an ex-officio, non-voting member.

Official Register

Under Section 23, the Registrar is required to maintain a Register of all registered persons and firms, detailing their addresses, qualifications, and specific fire and rescue service discipline.

New Obligations

Professional Qualifications

To be eligible for registration under Section 18, an individual must:

• Have a degree, diploma, or certificate in fire management, fire and rescue management, disaster management, or another recognized relevant field.
• Have completed at least one year of practical and experiential learning in fire and rescue practice.

Registration of Consulting Firms

Under Section 20, fire and rescue services consulting firms must register with the Board. Eligibility requires that:

• The firm possesses a registered business name or certificate of incorporation;
• At least one partner or principal shareholder is registered as a professional under the Act; and
• At least fifty-one percent of the shares in the firm are held by Kenyan citizens.

Penalties

• False Registration (Section 29): Procurement of false registration through fraudulent declarations attracts a fine of up to KSh 200,000, up to three years' imprisonment, or both, for individuals. Legal entities face a fine of not less than KSh 500,000.
• Unrecognized Training Institutions (Section 31): Operating an unregistered institution or offering unauthorized courses is an offence carrying a fine of not less than KSh 1,000,000, up to three years' imprisonment, or both.
• Professional Misconduct (Section 34): The Board may suspend or cancel licenses or impose a fine of up to KSh 250,000 for individuals and up to KSh 2,000,000 for corporate bodies found guilty of negligence, malpractice, or professional misconduct.

Transitional Provisions

Under Section 37, any person practicing as a fire and rescue practitioner prior to the commencement of the Act, who holds the required academic qualifications, must apply for registration within one year of the Act coming into force.