MEDICAL PRACTITIONERS AND DENTISTS ACT

LAWS OF KENYA

CHAPTER 253

Revised Edition 2019 [2012]

Published by the National Council for Law Reporting

with the Authority of the Attorney-General

www.kenyalaw.org

[Rev. 2019]

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CHAPTER 253

MEDICAL PRACTITIONERS AND DENTISTS ACT

ARRANGEMENT OF SECTIONS

Section

1. Short title.

2. Interpretation.

3. Establishment of the Council.

3A. Composition of the Council.

4. Functions of the Council.

4A. Committees of the Council.

4B. Powers of the Council.

4C. Chief Executive Officer.

4D. Staff of the Council.

5. Registrar and register.

6. Registration of medical practitioners and dentists.

7. Certificate of registration.

8. Correction of register.

9. Publication of register.

10. Publication prima facie evidence of registration.

11. Registration of higher qualifications for medical practitioners or dentists.

11A. Supervisory functions of the Board.

11B. Recognition of specialists.

12. Specialist licences.

13. Internship and temporary licences.

14. Renewal of practising licences.

15. Registration of health institutions.

15A. Professional indemnity.

16. Licences to be published in Gazette.

17. No fees recoverable unless person licensed under section 15.

18. Certificate not valid unless signatory registered, etc.

19. Deleted.

19A. Report of convictions.

20. Disciplinary proceedings.

21. Effect of removal, cancellation or suspension.

22. Penalty for unregistered and unlicensed person practising.

23. Rules.

24. Deleted.

25. Finance.

26. Savings and transition.

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CHAPTER 253

MEDICAL PRACTITIONERS AND DENTISTS ACT

[Date of assent: 8th November, 1977.]

[Date of commencement: 1st January, 1978.]

An Act of Parliament to consolidate and amend the law to make provision

for the registration of medical practitioners and dentists and for purposes

connected therewith and incidental thereto

[Act No. 20 of 1977, L.N. 308/1977, Act No. 13 of 1978, Act No. 19 of 1984, Act No. 7 of 1990,

Act No. 11 of 1992, Act No. 11 of 1993, Act No. 9 of 2000, Act No. 12 of 2012, Act No. 5 of 2019]

1. Short title

This Act may be cited as the Medical Practitioners and Dentists Act.

2. Interpretation

In this Act, unless the context otherwise requires—

"assessment" means the determination of the suitability for registration

under the Act by means of oral or written examination or both;

“Board”deleted by Act No. 5 of 2019, Sch.

"Cabinet Secretary” means the Cabinet Secretary for the time being

responsible for matters relating to health;

"Council” means the Kenya Medical Practitioners and Dentists Council

established under section 3;

"community oral health” means the provision of curative, preventive and

promotive oral health care;

"community oral health officer", means a person who has undergone the

prescribed course of training in an approved institution, and holds a diploma,

higher diploma or degree in community oral health;

“dental practitioner” and “dentist” mean a person registered under this

Act as a dentist;

“dentistry” and “dental services” include the performance of an operation

and the giving of treatment, advice or attendance as is usually performed or

given by dentists, and an operation or treatment, advice or attendance on or to

any person preparatory to or for the purpose of or in connection with the fitting,

insertion or fixing of artificial teeth;

"general practice” means the practice of general medicine or dentistry

other than specialist practice as defined in the Act;

"health facility" has the meaning assigned to it in the Health Act, (No. 21

of 2017);

"health institution" means a facility that is operated or designed to provide

in-patient or out-patient treatment, diagnostic or therapeutic interventions,

nursing, rehabilitative, palliative, convalescent, preventative or other health

service for public and private use by medical and dental practitioners;

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"intern" means a person holding a medical or dental degree or its

equivalent recognized by the Council or a person who has passed the internship

qualifying examination, who is undergoing a prescribed period of internship in

a recognized institution;

"internship" means a prescribed period of employment during which

a medical or dental graduate works under supervision to fulfill registration

requirements;

"internship qualifying examination" means a written or oral examination

or both which determines the suitability of foreign trained graduates who holds

a degree recognized by the Board to undergo internship;

"licence” means an annual practising licence issued under section 12 of

this Act;

“medical practitioner” means a person registered under this Act as a

medical practitioner;

"pre-registration examination” means a written or oral examination or

both which determines the suitability for registration under section 6(3) of the

Act;

“private practice” means the practice of medicine or of dentistry, as the

case may be, for a fee either in kind or cash;

“private practitioner” means a person registered under this Act as either a

medical practitioner or a dentist who is also licensed under section 15 to practise

medicine or dentistry for fees either in cash or in kind;

"professional misconduct" means a serious digression from established

or recognized standards or rules of the profession, that includes a breach of

such codes of ethics or conduct as may be prescribed for the profession from

time to time;

“register” means the register of medical practitioners, dental practitioners

and health institutions for public and private practice which the Council is

required by section 5 to keep;

“Registrar” means the Registrar of Medical Practitioners and Dentists

constituted by section 5.

"specialist" means a medical practitioner or dentist who has completed

an approved post graduate training programme in a particular field of

medicine or dentistry, and who has thereafter gained sufficient experience and

demonstrated to the Council's satisfaction adequate knowledge and skill, in his

chosen field;

"specialist practice" means the practice of medicine or dentistry in a

specialized field;

[Act No. 5 of 2019, Sch.]

3. Establishment of the Council

(1) There is established a Council to be known as the Kenya Medical

Practitioners and Dentists Council.

(2) The Council shall be a body corporate with perpetual succession and a

common seal and capable, in its corporate name, of—

(a) suing and being sued;

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(b) taking, purchasing or otherwise acquiring, holding, charging and

disposing of movable and immovable property; and

proper performance of its functions under this Act as may lawfully be

done or performed by a body corporate.

[Act No. 5 of 2019, Sch.]

3A. Composition of the Council

(1) The Council shall consist of—

(a) a chairperson who shall be appointed by the President and who shall

—

(i)

be a specialist medical or dental practitioner of good standing;

and

(ii)

have at least ten years' experience, five of which shall be in a

managerial position;

(b) the Director General for Health or a designated representative;

follows—

(i)

one person who shall be a representative of universities in

Kenya which have the power to grant a qualification which is

registerable under this Act;

(ii)

one person who shall be a representative of the Kenya Medical

Association;

(iii)

one person who shall be a representative of Kenya Dental

Association; and

(iv)

one person who shall be a representative of oral health

practitioners;

(d) three persons appointed by the Cabinet Secretary, as follows—

(i)

one person who shall be nominated by Kenya National

Commission on Human Rights;

(ii)

one person who shall be a representative of the private sector

in health; and

(iii)

one person with knowledge and expertise in finance or audit;

and

(e) the Chief Executive Officer who shall be the Registrar and an ex officio

member and also the secretary to the Council.

(2) A person appointed as a member of the Council under this Act, other than

the ex officio member, shall serve for a term of three years and shall be eligible for

reappointment for a further and final term of three years.

(3) The chairperson shall preside at all meetings of the Council and, in the

absence for any reason of the chairperson, the other members of the Council

who are present at that meeting shall choose one of the members to act as the

chairperson at the meeting.

(4) A member of the Council may—

(a) at any time resign from office by giving thirty days' notice in writing to

the chairperson;

(b) be removed from office if the member—

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(i)

has been absent from three consecutive meetings of the

Council without permission of the chairperson;

(ii)

is convicted of an offence involving dishonesty or fraud;

(iii)

is convicted of a criminal offence and sentenced to

imprisonment for a term exceeding six months or more; or

(iv)

is incapacitated by prolonged physical or mental illness or is

deemed otherwise unfit to discharge his or her duties as a

member of the Council.

(5) Six members of the Council shall constitute a quorum at any meeting.

(6) The powers of the Council shall not be affected by any vacancy in the

membership thereof.

(7) The Council shall meet at least once in every three months.

(8) The chairperson, may, with prior approval of the Council, appoint suitable

persons to assist in carrying out particular decisions of the Council or particular

duties or investigations for the Council.

(9) Subject to the provisions of this Act, the Council may regulate its own

procedure.

(10) Pursuant to nominations in paragraphs (1)(c) and (d), each organization

shall present two nominees one of whom shall be appointed by the Cabinet

Secretary taking into account ethnic diversity, gender, disability, skills mix and

regional balance.

[Act No. 5 of 2019, Sch.]

4. Functions of the Council

(1) The functions of the Council shall be to—

(a) establish and maintain uniform norms and standards on the learning

of medicine and dentistry in Kenya;

(b) approve and register medical and dental schools for training of

medical and dental practitioners;

wishing to be trained as medical and dental practitioners;

(d) maintain a record of medical and dental students;

(e) conduct internship qualifying examinations, preregistration

examinations, and peer reviews as deemed appropriate by the

Council;

(f) inspect and accredit new and existing institutions for medical and

dental internship training in Kenya;

(g) license eligible medical and dental interns;

(h) determine and set a framework for professional practice of medical

and dental practitioners;

(i) register eligible medical and dental practitioners;

(j) regulate the conduct of registered medical and dental practitioners

and take such disciplinary measures for any form of professional

misconduct;

(k) register and license health institutions;

(l) carry out inspection of health institutions;

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(m) regulate health institutions and take disciplinary action for any form of

misconduct by a health institution;

(n) accredit continuous professional development providers;

(o) issue certificate of status to medical and dental practitioners and

health institutions; and

(p) do all such other things necessary for the attainment of all or any part

of its functions.

[Act No. 5 of 2019, Sch.]

4A. Committees of the Council

(1) The Council shall constitute the following committees—

(a) training, assessment, registration and human resources committee;

(b) disciplinary and ethics committee whose mandate shall include—

(i)

conducting inquiries into complaints submitted to it;

(ii)

regulating professional conduct;

(iii)

ensuring fitness to practice and operate;

(iv)

promoting mediation and arbitration between parties; and

(v)

at its own liberty, recording and adopting mediation agreements

or compromise between parties, on the terms agreed;

(d) audit and risk committee.

(2) The Council may from time to time appoint such other ad hoc committees as

it may deem necessary for the effective carrying out of its functions under this Act.

(3) Any committee appointed by the Council under subsection (1) or (2) shall

consist of such persons as the Council deems necessary.

(4) The Corporation Secretary shall be the secretary of all committees

appointed under this Act.

[Act No. 5 of 2019, Sch.]

4B. Powers of the Council

The Council shall have all powers necessary for the proper performance of its

functions under this Act and in particular, but without prejudice to the generality of

the foregoing, shall have power to—

(a) control, supervise and administer the assets of the Council in such

manner and for such purpose as best promotes the purpose for which

the Council is established;

(b) determine the provisions to be made for capital and recurrent

expenditure and for the reserves of the Council;

legitimate disbursements therefrom;

(d) enter into an association with other bodies or organizations within or

outside Kenya as the Council may consider desirable or appropriate

and in furtherance of the purpose for which the Council is established;

(e) open a bank account or banking accounts for the funds of the Council;

and

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(f) invest any of the funds of the Council not immediately required for

its purposes in accordance with the Public Finance Management Act,

No. 18 of 2012 and other relevant laws.

[Act No. 5 of 2019, Sch.]

4C. Chief Executive Officer

(1) There shall be a Chief Executive Officer of the Council who shall be

appointed by the Council through a competitive process and whose terms and

condition of service shall be determined by the Council in an instrument of

appointment or otherwise in writing from time to time.

(2) A person shall be qualified to be appointed as the Chief Executive Officer

if the person—

(a) possesses a masters' degree or its equivalent from a university

recognised in Kenya;

(b) has at least ten years professional and administrative experience in

matters related to health; and

(3) The Chief Executive Officer shall be responsible for the daily management

of the staff and affairs of the Council.

(4) The Chief Executive Officer shall serve for a term of four years and shall be

eligible, subject to satisfactory performance, to reappointment for a single further

term of four years.

[Act No. 5 of 2019, Sch.]

4D. Staff of the Council

The Council may employ such professional, technical and other staff for the

proper and efficient discharge of its functions on such terms and conditions as the

Council may determine.

[Act No. 5 of 2019, Sch.]

5. Registrar and register

(1) For the purpose of this Act, there shall be a Registrar.

(2) The Chief Executive Officer shall be the Registrar, and shall perform such

duties in connection with the register as are prescribed by this Act.

(3) The Registrar shall annually maintain—

(a) a register for interns;

(b) a register of medical and dental practitioners;

(d) a register of general practitioners;

(e) a register of specialist practitioners;

(f) a register of foreign medical and dental practitioners;

(g) a register of approved medical and dental schools;

(h) a register of approved internship training centres;

(i) a register of health institutions; and

(j) such other registers as may from time to time be required by the

Council.

[Act No. 5 of 2019, Sch.]

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6. Registration of medical practitioners and dentists

(1) A person who—

(a) is a citizen of Kenya;

(b) is a holder of a degree or other qualification obtained from a University

in Kenya or the East African Community which is recognized by the

Council as making him eligible for registration;

(d) satisfies the Council that he is a person of good moral standing,

may apply to the Council for full registration as a medical or dental

practitioner under this Act.

(2) A person who—

(a) is a citizen of Kenya;

(b) is a holder of a degree or other qualification obtained from a University

outside Kenya or outside the East African Community which is

recognized by the Council as making him eligible for registration;

(d) presents proof of completion of internship; and

(e) satisfies the Council that he is a person of good moral standing,

may apply to the Council for full registration as a medical or dental

practitioner under this Act.

(3) A person who—

(a) is a citizen of Kenya;

(b) is a holder of a degree or other qualification obtained from a University

outside Kenya or outside the East African Community which is

recognized by the Council as making him eligible for registration;

trained;

(d) has passed pre-registration examination; and

(e) satisfies the Council that he is a person of good moral standing,

may apply to the Council for full registration as a medical or dental

practitioner under this Act.

(4) A person who—

(a) is a citizen of the East African Community;

(b) is a holder of a degree or other qualification recognized by the Council

as making him eligible for registration;

(d) satisfies the Council that he is a person of good moral standing, may

apply to the Council for reciprocal registration as a medical or dental

practitioner under this Act.

(5) A person who—

(a) is not citizen of Kenya or of a partner state of the East African

Community;

(b) is a holder of a degree or other qualification recognized by the Council

as making him eligible for registration;

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jurisdiction;

(d) satisfies the Council that, he has acquired sufficient knowledge of,

and experience in, the practice of medicine or dentistry as the case

may be;

(e) satisfies the Council that he is a person of good moral standing; and

(f) has passed an examination prescribed by the Council, may apply to

the Council for temporary registration as a foreign medical or dental

practitioner under this Act as is prescribed in regulations.

(6) An application made under subsections (1), (2), (3), (4) or (5) shall be in the

prescribed form and shall be accompanied by the prescribed fee.

(7) The Council shall consider every application made under this section and

shall register the applicant if satisfied that the applicant is—

(a) duly qualified in terms of this section; and

(b) a fit and proper person to be so registered.

[Act No. 5 of 2019, Sch.]

7. Certificate of registration

The Council shall issue to every person registered under this Act, a certificate

of registration in the prescribed form.

[Act No. 5 of 2019, Sch.]

8. Correction of register

(1) The Registrar shall from time to time make any necessary alterations and

corrections in the register in relation to any entry therein.

(2) The Registrar shall remove from the register—

(a) the name of every deceased person;

(b) the name of every person convicted of an offence under section 19;

20 directed should be struck off the register; and

(d) any entry which has been incorrectly or fraudulently made in the

(3) The Registrar may, with the consent of the person concerned, remove from

the register the name of a person who has ceased to practise.

(4) The Registrar shall, not later than 1st July in each year, send by registered

post to every person registered in the register a notice inquiring whether or not

that person has ceased to practise or has changed his address, and, if no answer

is returned to the inquiry within six months from the posting thereof, the name of

that person may be removed from the register; but a name removed under this

subsection may, at the request of the person concerned and on payment of the

prescribed fee, be reinstated by the Registrar.

(5) The Registrar-General of Births and Deaths shall notify the Registrar of the

death of any registered medical practitioner or dentist.

9. Publication of register

(1) The Registrar shall publish in the Gazette as soon as may be practicable

after registration the name of every medical practitioner or dentist registered in the

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(2) The Registrar shall once in every year, as soon as convenient after

1st January, but not later than 31st March, publish in the print or electronic media,

as approved by the Board, a list containing the names, qualifications and registered

addresses of all registered medical and dental practitioners.

(3) It shall be the duty of every medical and dental practitioner to inform the

Registrar immediately of any change in his registered address.

[Act No. 12 of 2012, Sch.]

10. Publication prima facie evidence of registration

(1) The publication of the list of registered medical and dental practitioners

in the Gazette shall be prima facie evidence that the persons named therein are

registered under this Act, and the absence of the name of any person from such

list shall be prima facie evidence that the person is not so registered.

(2) All register books and all copies thereof or extracts therefrom certified under

the hand of the Registrar shall be receivable in evidence in all courts.

11. Registration of higher qualifications for medical practitioners or dentists

A person registered under this Act who has obtained a higher degree or

qualification than the qualification in respect of which he has been registered may

apply to the Council to have that higher degree or qualification inserted in the

prescribed fee.

[Act No. 5 of 2019, Sch.]

11A. Supervisory functions of the Board

(1) The Board shall satisfy itself that courses of study to be followed by students

for a degree in medicine or dentistry, including the standard of proficiency required

for admission thereto and the standards of examinations leading to the award

of a degree, are sufficient to guarantee that the holder thereof has acquired the

minimum knowledge and skill necessary for the efficient practice of medicine or

dentistry.

(2) For the purposes of this section the Board may—

(a) appoint persons to visit any university or other institution in Kenya

offering a course in medicine or dentistry and to report to it on the

course of study, staffing, accommodation and equipment available for

training in medicine or dentistry and other arrangements available for

such training;

(b) appoint persons to attend examinations in any aspect of medicine or

dentistry at any such university or institution and to report to it on the

sufficiency of the examinations and on such matters relating thereto

as the Board may require;

at any such university or institution to provide written information to it

concerning any of the matters referred to in paragraph (a) or (b).

(3) The Board shall forward a copy of any report made under subsection (2)

to the university or institution concerned and may, if it is satisfied that the standard

of any course or examination is insufficient, and after it has given the university

or institution an opportunity of making observations on the report, require the

university or institution in writing to take such measures as it may specify in order

to improve or rectify the standard of such course or examination.

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(4) If the Board, after requirements in writing has been made under subsection

(3), is satisfied that the university or institution has nevertheless failed to take

measures which are in the opinion of the Board necessary to improve or rectify the

standard of any course or examination, it may cancel or suspend any recognition

of a degree, diploma, or qualification awarded by that university or institution for

the purposes of section 11:

Provided that no degree awarded prior to such cancellation or suspension shall

be thereby affected.

[Act No. 11 of 1993, Sch.]

11B. Recognition of specialists

(1) The Council may recognize a medical or dental practitioner as a specialist

in any of the fields under the Act or the rules thereunder.

(2) A medical or dental practitioner shall be recognized as a specialist if the

medical or dental practitioner—

(a) is a holder of a post graduate qualification equivalent to masters'

degree in medicine or dental surgery awarded after a period of training

recognized by the Council; and

(b) has at least two years' experience after obtaining the post graduate

qualification under the supervision of a recognized specialist.

(3) The Council may recognize a medical or dental practitioner as a sub-

specialist in any of the fields under the Act or the rules thereunder.

(4) A medical or dental practitioner shall be recognized as a sub-specialist if

the medical or dental practitioner—

(a) possesses a basic specialist qualification in his or her discipline;

(b) has at least six months training; and

recognized sub-specialist.

[Act No. 5 of 2019, Sch.]

12. Specialist licences

(1) The Council shall issue in accordance with this section and rules made

under this Act, general, specialist and any other practising licences as the Council

shall determine from time to time authorizing medical practitioners and dentists

named therein to practice medicine or dentistry.

(2) An application for a practising licence under subsection (1) shall be made

to the Council in the prescribed form and accompanied by the prescribed fee.

(3) All medical practitioners and dentists shall be required to satisfy the

Council's requirement for continuing professional development before the renewal

of annual practising licences.

(4) A practising licence shall bear the date of day on which it is issued and shall

have effect from that day:

Provided that a practising licence issued during the first month of any practising

year shall have effect, for all purposes, from the beginning of that month.

(5) The practising year for a practising licence shall be from the first of January

to the thirty-first of December:

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Provided that the Council, in consultation with the Cabinet Secretary, may,

by order in the Gazette, alter the practising year and the order may make such

transitional provisions regarding incidental matters as may be expedient.

(6) A practising license shall expire at the end of the practising year in which

it was issued:

Provided that, where the name of a medical or dental practitioner is removed or

struck off the register, the practising license, if any, shall expire forthwith.

[Act No. 5 of 2019, Sch.]

13. Internship and temporary licences

(1) A medical and dental graduate who intends to undertake internship training

shall apply to the Council in the prescribed form and upon payment of the

prescribed fee for an internship licence.

(2) If the Council is satisfied that the graduate meets the set requirements,

it shall issue the graduate an internship licence with or without conditions on the

licence.

(3) The Council shall grant temporary licences to eligible foreign medical and

dental students to perform specific work or works in specific institutions in Kenya.

(4) An internship licence issued under subsection (2) shall be for a period not

exceeding twelve months within a practising year.

(5) A temporary licence issued under subsection (3) shall be for a period not

exceeding twelve months within a practising year and may be renewed.

[Act No. 5 of 2019, Sch.]

14. Renewal of practising licences

(1) A medical practitioner or dentist, issued with a practising licence may apply

for the renewal of the licence in the prescribed form at least thirty days before the

expiry thereof.

(2) A medical practitioner or dentist who fails to apply for renewal of their

practising licence within the period specified under subsection (1), shall, when

applying for renewal, be required to pay such late application fee as shall be

prescribed by the Council.

(3) The Council may refuse to renew, or suspend, withdraw or cancel any

practising licence, if satisfied that the medical practitioner or dentist is guilty

of professional misconduct or is in breach of any provisions of this Act or

any regulations made thereunder, within a period of twelve months immediately

preceding the date of the application for renewal.

(4) A person who is aggrieved by the decision of the Council in the exercise of

its powers under subsection (3) may appeal to the High Court.

[Act No. 5 of 2019, Sch.]

15. Registration of health institutions

(1) A person or organization may apply to the Council for the registration

of a health institution in the prescribed form which shall be accompanied by the

prescribed fee.

(2) Where the applicant satisfies the Council that the institution meets the

requirements for registration, the Council shall register the facility as an approved

health institution.

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(3) The Council shall issue to every approved health institution registered under

this Act, a certificate of registration in the prescribed form.

(4) The Council shall issue in accordance with this section and rules made

under this Act, a licence authorizing the use of any premises as a health institution.

(5) An application for a licence under subsection (4) shall be made to the

Council in the prescribed form and accompanied by the prescribed fees and shall

be made on or before the thirtieth of October of each practising year.

(6) A licence issued under this section shall bear the date of day on which it is

issued and shall have effect from that date:

Provided that a licence issued during the first month of any practising year shall

have effect for all purposes from the beginning of that month.

(7) A licence issued under this section shall be displayed in a conspicuous

place at the health institution to which the licence relates.

(8) A licence issued under this section shall specify the nature of services that

may be provided by the health institution.

(9) The Council may decline to renew, cancel, withdraw or revoke any licence

issued under this section, if it is satisfied that the health institution is being operated

in a manner that contravenes any provisions of the Act or any regulations made

under this Act.

(10) A health institution registered under this Act shall be inspected by the

Council.

(11) No premise shall be used by any person as a health institution unless it is

registered and licenced for such use by the Council.

[Act No. 5 of 2019, Sch.]

15A. Professional indemnity

Every practitioner shall in each year take a professional indemnity cover and

every health institution shall in each year insure the health institution against

professional liability of its staff.

[Act No. 5 of 2019, Sch.]

16. Licences to be published in Gazette

The issue and the cancellation, revocation or withdrawal of a licence under

section 13 or section 15 shall be published in the Gazette.

17. No fees recoverable unless person licensed under section 15

No person shall be entitled to recover a charge for medical or surgical advice

or attendance, or for the performance of an operation as a medical practitioner

or dentist, or for medicine which he has prescribed and supplied as a medical

practitioner or dentist, unless he is at the time appropriately licensed under section

15.

18. Certificate not valid unless signatory registered, etc

No certificate or other document required by law to be signed by a duly qualified

medical or dental practitioner shall be valid unless signed by a person registered

as a medical or dental practitioner under this Act or, where the context so admits,

by a person who is licensed by the Board under section 13.

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19. Deleted by Act No. 5 of 2019, Sch.

[Act No. 5 of 2019, Sch.]

19A. Report of convictions

The court by which a medical practitioner or dentist is convicted of an offence

under the Penal Code (Cap. 63) or this Act or any court by which his case is brought

by way of appeal against conviction shall report the conviction or the upholding of

a conviction to the Board specifying the name of the medical practitioner or dentist,

as the case may be, the date of the conviction or judgment on appeal and the

offence for which he was convicted.

[Act No. 19 of 1984, Sch.]

20. Disciplinary proceedings

(1) Any person who is dissatisfied with any professional service offered, or

alleges a breach of standards by a registered or licensed person under this Act,

may lodge a complaint in the prescribed manner to the Council.

(2) The Council may, or through a committee appointed for that purpose,

inquire into any complaint of professional misconduct, malpractice or any breach

of standards.

(3) Upon an inquiry held by the Council to determine the complaint made under

subsection (2), the person whose conduct is being inquired into shall be afforded

an opportunity of being heard, either in person or through a representative.

(4) For purposes of proceedings at any inquiry held under this section, the

Council may administer oaths, enforce the attendance of witnesses and production

of books and documents.

(5) The Council shall regulate its own procedure in disciplinary proceedings.

(6) Where after an inquiry, the Council determines that a person is guilty, the

Council may—

(a) issue a caution or reprimand in writing;

(b) direct a medical practitioner or dentist to undergo remedial training for

a period not exceeding twelve months;

period not exceeding six months;

(d) suspend, withdraw or cancel the practising licence of a medical

practitioner or dentist for a period not exceeding twelve months;

(e) suspend, withdraw or cancel the licence of a health institution or a

section of the health institution for a period not exceeding twelve

months;

(f) permanently remove the name of a medical practitioner or dentist from

the registers under section 5(3); or

(g) in addition to the penalties stipulated in paragraphs (a), (b), (c), (d),

(e) or (f), impose a fine which the Council deems appropriate in the

circumstance.

(7) A person or health institution whose licence has been withdrawn or

cancelled under subsection (6), shall forthwith surrender the license to the Council.

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(8) A person or health institution whose name has been removed from the

to the Council.

(9) A person aggrieved by a decision of the Council made under subsection

(6) may, within thirty days from the date of the decision of the Council, appeal to

the High Court.

(10) Notwithstanding the provisions of section 3A (5), the Council shall not

remove the name of a person from the register under subsection (6) unless at least

seven members of the Council are present in the inquiry.

[Act No. 5 of 2019, Sch.]

21. Effect of removal, cancellation or suspension

(1) Where the name of a person has been removed from the register, the name

of that person shall not, subject to the provisions of this Act, be again entered in

the register except by order of the Board.

(2) Where an order has been made for the removal of a person’s name from the

cancelling or suspending a licence granted to a person under this Act, the Board

may either on its own motion or on the application of the person concerned, and in

either case after holding such inquiry as the Board thinks fit, cause the name of that

person to be restored to the register or terminate the suspension of the registration,

or, as the case may be, grant a new licence or terminate the suspension of the

existing licence, in any such case either without fee or on the payment of such

fee, not exceeding the appropriate registration or licence fee, as the Board may

determine.

(3) Subsection (1) shall not apply when a person’s name has been removed

from the register at his request or with his consent in circumstances under which it

could not have been removed without consent, and the name of that person shall

on his application and on the payment of the prescribed fee, if any, be restored

to the register.

22. Penalty for unregistered and unlicensed person practising

(1) A person who is not registered or licensed, including a person aiding or

assisting therein, under this Act, and makes or produces or causes to be made

or produced any false or fraudulent presentation or declaration either orally or

in writing, commits an offence and shall be liable, on conviction, to a fine not

exceeding five million shillings or to imprisonment for a term not exceeding five

years or to both.

(2) Any person who falsely takes or uses any name, title or addition implying

a qualification to practice medicine or dentistry or who not being registered or

licensed under this Act, practices or professes to practice or publishes his name

as practising medicine or dentistry, commits an offence and shall be liable on

conviction to a fine not exceeding five million shillings or to imprisonment for a term

not exceeding five years or to both.

(3) Any person who uses the title "doctor" unless he is registered or licensed

under this Act as a medical practitioner or dentist or has acquired doctoral

qualifications or has obtained such qualifications which entitles him to use that title,

commits an offence and shall be liable on conviction to a fine not exceeding five

million shillings or to imprisonment for a term not exceeding five years or to both.

[Rev. 2019]

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(4) Any person who, while in charge of a health institution, employs or engages

the services of another person as a medical practitioner or dentist who is not

registered and licenced under this Act, commits an offence and shall be liable on

conviction to a fine not exceeding ten million shillings or imprisonment for a term

not exceeding five years or to both.

(5) A person who uses premises as a health institution which premises is not

licensed as a health institution commits an offence and shall be liable on conviction

to a fine not exceeding ten million shillings or imprisonment for a term not exceeding

five years or to both.

[Act No. 5 of 2019, Sch.]

23. Rules

The Cabinet Secretary may, after consultation with the Council, make rules

generally for the better carrying out of the provisions of this Act, and any such rules

may, without prejudice to the generality of the foregoing—

(a) prescribe anything required by this Act to be prescribed;

(b) provide for the procedure to be followed by the Board in an inquiry

under section 20;

of books and documents at an inquiry held by the Board;

(d) prescribe forms to be used in connection with this Act or fees to be

charged under this Act;

(e) provide for indemnity for clients against loss or damage arising from

claims in respect of any liability incurred by a practitioner or a health

institution or the employee of a practitioner or health institution;

(f) provide for the training, registration, licensing and regulation of

community oral health officers; and

(g) provide for the process and criteria for registration and licensing of

foreign doctors.

[Act No. 5 of 2019, Sch.]

24. Deleted by Act No. 5 of 2019, Sch.

[Act No. 5 of 2019, Sch.]

25. Finance

The Minister may, with the consent of the Treasury, out of money provided by

Parliament—

(a) make to the Board such grants as may be necessary to enable it to

discharge its functions under this Act;

(b) pay remuneration and travelling and other allowances to the members

of the Board (other than members who are public officers in receipt

of a salary);

provisions of this Act.

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26. Savings and transition

(1) All property, assets, rights, liabilities, obligations, agreements and other

arrangements existing at the commencement of this Act and vested in, acquired,

incurred or entered into by or on behalf of the Medical Practitioners and Dentists

Board, shall be deemed to have vested in or to have been acquired, incurred

or entered into by or on behalf of the Council to the same extent as they were

enforceable by or against Kenya Medical Practitioners and Dentists Council.

(2) A person who is an employee of the Medical Practitioners and Dentists

Board, shall be deemed to be an employee of the Kenya Medical Practitioners

and Dentists Council on the terms and conditions existing, until the expiry of the

contract.

(3) Any legal proceedings pending in any court or tribunal by or against the

Medical Practitioners and Dentists Board, in respect of any matter shall continue

by or against the Council.

(4) The members of the Medical Practitioners and Dentists Board, who were

appointed, nominated or elected as Board members under section 4, shall continue

to hold and act as Council members, until the end of their term.

[Act No. 5 of 2019, Sch.]