The Institute of Social Work Professionals Bill, 2023

Background

The Institute of Social Work Professionals Bill, 2023 seeks to establish a regulatory framework for social work in Kenya. Prior to this, the profession lacked a statutory body to govern education, professional standards, licensing, and ethical compliance. This Bill creates the structures necessary to register professionals, oversee examinations, and enforce disciplinary standards.

Key Provisions

• Establishment of the Institute (Section 3): Creates the Institute of Social Work Professionals as a body corporate responsible for publishing standards, registering members, and protecting the welfare of the profession.
• Council of the Institute (Section 6): Vests management in a Council comprising an elected chairperson with at least eight years' experience, Principal Secretaries from key ministries (Health, Correctional Services, Social Welfare), five elected members, and an Executive Director.
• Examinations Board (Section 15): Establishes the Social Work Professionals Examinations Board to handle syllabus formulation, exams, and candidate certification.
• Registration Committee (Section 17): Creates a committee to manage registrations, evaluate international qualifications, and monitor quality assurance.

New Obligations

• Professional Registration (Section 18 & 21): Social work professionals must apply to the Registration Committee and meet explicit academic requirements in subjects like social policy, human growth, and social psychology.
• Practicing Certificates (Section 28): Practicing without a valid certificate is prohibited. If a certificate is suspended or cancelled, the holder must return it to the Council within 30 days.
• Firm Registration (Section 20): Firms practicing social work must be registered and have at least one partner or shareholder who is a registered professional with a valid practicing certificate.

Penalties

• Holding Out / Unlawful Practice (Section 38): Practicing without registration or holding oneself out as a registered social worker carries a fine of up to KSh 500,000, imprisonment for up to two years, or both.
• Falsification of Records (Section 39): Presenting false documents or making false entries in the register carries a fine of up to KSh 500,000, imprisonment for up to two years, or both.
• Failure to Surrender Certificate (Section 28(7)): Failing to deliver a ceased or suspended certificate to the Council within 30 days carries a fine of up to KSh 500,000.
• General Penalty (Section 40): Any offence under the Act where no specific penalty is provided carries a fine of up to KSh 200,000, imprisonment for up to two years, or both.

Transitional Provisions

• Interim Council (Section 42): The National Executive Council of the Kenya National Association of Social Workers will act as the Interim Council and Interim Registration Committee.
• First Elections (Section 42(3)): The Interim Council must facilitate member registration and convene the first Annual General Meeting to elect Council members within 12 months of the Act's commencement.
• Transfer of Examinations (Section 42(4)): Existing qualifying examinations conducted by other statutory bodies must be transferred to the Examinations Board within 12 months.