The Public Relations and Communication Management Bill, 2024

Background

The Public Relations and Communication Management Bill, 2024 seeks to establish a formal statutory framework to promote, develop, and regulate the public relations and communication management profession in Kenya. It establishes the Institute of Public Relations and Communication Management to succeed the non-statutory Public Relations Society of Kenya, transitioning the sector into a fully regulated profession.

Key Amendments

• Establishment of the Institute: Section 4 establishes the Institute of Public Relations and Communication Management as a body corporate with perpetual succession.
• Establishment of the Council: Section 7 establishes a Council to manage and control the Institute. The Council consists of an elected President (who must be a practitioner of at least 10 years), the Principal Secretary for information and communication, one Fellow, eight elected members, and the Chief Executive Officer as an ex-officio member.
• Membership Classes: Section 21 establishes distinct membership classes: Fellows (FIPRC-K), Full Members (MIPRC-K, requiring at least three years of experience), Associate Members (AIPRC-K, under three years of experience, with no voting rights), and Trainee Members.

New Obligations

• Mandatory Registration: Under Section 19, registration as a member requires passing the certified public relations and communications examination administered by the Kenya Accountants and Secretaries National Examinations Board (KASNEB) or holding other Council-approved qualifications.
• Annual Practicing Certificates: Under Section 26, any person practicing as a public relations and communication management practitioner (as an employee or consultant) must apply annually for a practicing certificate.
• Registration of Firms: Section 27 requires public relations and communication management firms to register with the Council. Firms must have at least one partner or principal shareholder registered as a practitioner.
• Ethical Adherence: Under Section 28 and the First Schedule, all members must adhere to a mandatory Code of Ethics, which prohibits the dissemination of false information, conflicts of interest, sexual harassment, and cyberbullying.

Penalties

• Practicing Without a Certificate: Under Section 26(5), any person practicing without a valid practicing certificate is liable to a fine not exceeding KSh 500,000, imprisonment for up to eight months, or both.
• Disciplinary Committee Sanctions: Under Section 33, the Disciplinary Committee may order:
  • Suspension or cancellation of a practicing certificate or firm registration.
  • Administrative penalties up to KSh 2 million.
  • Compensation payments to complainants up to KSh 1 million.
  • Compulsory professional re-training.
• Falsification and Misrepresentation: Falsifying registers or wrongfully holding oneself out as a registered practitioner carries a fine of up to KSh 200,000 (Section 39).
• Practicing Under Suspension: Practicing while suspended or expelled carries a fine of up to KSh 100,000 (Section 39(1)).

Transitional Provisions

• Transfer of Assets and Liability: Under Section 40, all property, assets, liabilities, and agreements of the former Public Relations Society of Kenya automatically vest in the new Institute.
• Employee and Member Transition: Employees of the former Society will transition to become employees of the Institute. Existing membership certificates issued by the former Society remain valid, and members will assume corresponding status within the new Institute.