The Fire and Rescue Services Professionals Bill, 2023

Background

Under Part 2 of the Fourth Schedule to the Constitution of Kenya, firefighting services and disaster management are devolved functions under the county governments. The Fire and Rescue Services Professionals Bill, 2023, aims to establish a uniform national regulatory and institutional framework to standardize the training, professional registration, licensing, and conduct of fire and rescue services professionals across all counties.

Key Amendments

• Establishment of the Regulatory Board: Establishes the Fire and Rescue Services Professionals Board (Section 4) with perpetual succession, mandated to protect the public interest, advise governments on fire prevention, and manage professional registers.
• Appointment of the Registrar: Section 14 mandates the competitive recruitment of a Registrar who must hold a degree in disaster management, have at least ten years of proven experience in the field, and satisfy Chapter Six of the Constitution.
• Establishment of the Professional Register: The Registrar is required to maintain a comprehensive Register of all certified and licensed individuals and firms (Section 23).

New Obligations

• Compulsory Licensing: No individual may offer fire and rescue services, operate a private fire brigade, or practice as an emergency consultant unless registered and licensed by the Board (Section 17).
• Consulting Firm Requirements: Private consulting firms can only register if at least one partner is a registered professional and at least 51% of the shares in the firm are held by Kenyan citizens (Section 20).
• Conflict of Interest Disclosures: Board members and staff are legally obligated to disclose any direct or indirect personal interest in any contract or matter under consideration and must abstain from voting or deliberations on such matters (Schedule, Section 3).

Penalties

• False Registration: Willing procurement of registration through false or fraudulent declarations is punishable by a fine of up to KSh 500,000 or five years' imprisonment for individuals, and a minimum fine of KSh 1 million for legal entities (Section 29).
• Unauthorized Training Activities: Operating an unrecognized training school, admitting trainees, or issuing certificates carries a fine of up to KSh 2 million, five years' imprisonment, or both (Section 31).
• Disciplinary Penalties: The Board can impose fines of up to KSh 250,000 for natural persons and KSh 2 million for corporate bodies for professional misconduct, negligence, or malpractice (Section 34(6)).
• Failure to Surrender Licenses: Failing to return certificates or licenses upon cancellation or suspension attracts a fine of KSh 50,000 for individuals and KSh 100,000 for corporate entities (Section 34(8)).
• Conflict of Interest Violations: Any Board member violating conflict of interest disclosure provisions commits an offence liable to a fine of up to KSh 500,000, imprisonment for up to three years, or both (Schedule, Section 3(5)).

Transitional Provisions

• Six-Month Licensing Grace Period: Within six months of the operationalization of the Act, the Cabinet Secretary will issue a Gazette notice declaring that no person shall practice or run a fire brigade firm without a license. Disobeying this declaration is an offence punishable by a fine of up to KSh 100,000, up to one year of imprisonment, or both (Section 37).