Professional Practice and Procedures – Institution of Surveyors of Kenya (I.S.

K)

TABLE OF CONTENTS Page

Preamble ………...………………………………..………………….…..........…. 2
Table of Contents………...…………………………………….………..........…. 3

1.0.0 General information on Professional practice and Professional Institutions.

Definitions, institution structure and policy guidelines, Professional Practice, Ethics
and Morality, the rules of conduct for members, etc.
.
1.1.0 Definitions……………………………………………………………….. 5
• Profession………………………………………………….……….… 5
• Professional…………………………………………………..………. 5
• Ethics………………….…………………………………….……….... 5
• Code of Ethics………………………………………………..………. 6
• Code of Practice……………………………………………..……..….. 6
• Code of Conduct……………………………………………..……..…. 6
• Professional Conduct……………………………………….……..….. 6
• Discipline………………………………………………..…………..… 7
• Surveyor………………………………………………………..…..…. 7
• Surveying Profession…………………………….…………..……….… 7
• Constitution…………………………………………………..……..…. 7
• By-Laws………………………………………………………..…..….. 8
1.2.0 Structure and policy guidelines of a professional Institution………..…..… 8

1.3.0 Professional Practice, Ethics and Morality ……………………………….. 22

Ethical vs. unethical practices, professional vs. client vs. society,
Disciplinary issues, corruption and corporate governance, etc.

1.4.0 The rules of conduct for members of other international bodies………….. 36

The rules of conduct for members of Royal Institution of
Chartered Surveyors (RICS); Standards of Professional Practice and
Conduct - Illinois Institute of Technology Centre for Study of Ethics in
the professionals, Society of Real Estate Appraisers; etc.

1.5.0 General information on Kenyan Surveyors ……..………………………… 43

2.0.0 The Institution of Surveyors of Kenya (ISK)........................................................ 45

2.1.0 Brief History……………………………………………………..……….… 45
2.2.0 Affiliation and partnership………………………………………………... 47
2.3.0 Membership ………………………………………………………………. 47
2.4.0 Structure (Chapters) ……………………………………………………..… 51
2.5.0 Constitution and By-laws............................................................................. 60
2.6.0 Rules on Professional Practice ……………………………………………. 61
2.7.0 Strategic Plans........................………………………………………….….. 62
2.8.0 Policies and procedures................................................................................ 67

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3.0.0 Statutes/Acts Governing Property Professional Practices in Kenya............... 68

(i) The Valuers Act Cap 532................................................................................ 69

- Practising Valuer Vs. Registered Valuer

- Indemnity Cover requirements
- Valuers Registration Board
- Professional Conduct regulations
- Fees Scale
- Etc.

(ii) The Estate Agents Act Cap 533..................................................................... 70

- Practising Estate Agent Vs. Registered Estate Agent

- Indemnity Cover requirements
- Valuers Registration Board
- Professional Conduct regulations
- Fees Scale
- etc.

(iii) The Surveyor Act Cap 299………………………………………………….. 76

- Government Surveyor Vs. Licensed Surveyor Vs. Other Surveyor

- Land Surveyors’ Board
- Professional Conduct regulations
- Fees Scale
- etc.

(iv) Public Officer Ethics Act, 2003..................................................................... 71

 Professional Conduct regulations

(V) Others
- Kenya Constitution
- Etc.

4.0.0 The reasons, advantages, disadvantages, shortcomings, limitations

and way forward for professional organizations……………………………. 81

 With special reference to: -

- ISK
- Others

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 Professional Practice and Procedures – Institution of Surveyors of Kenya (I.S.K)

1.0.0 GENERAL INTRODUCTION - Define and introduce various professional terms.

1.1.0 DEFINITIONS:
QUESTION: Define the following:-
(i) Profession
 It is a vocation or calling in some advanced learning or science.
 It is a paid occupation that requires advanced education and training e.g. architecture,
law, medicine etc.
 Involves a relationship with clients or patients where the subject matter is complex
and the client depends on the professional man to advise and enable the client make
informed judgment.

(ii) Professional(s)
 People working in a particular profession.
 Persons engaged in a specified occupation of advanced learning or science for pay or
as a means of livelihood and involve more mental than manual work.
 Are persons qualified or employed in one of the professions such as Doctors, Nurses,
Lawyers, and Surveyors etc.
 A person with specialised training and competence in a certain sector.

(iii) Ethics
 A system of moral principles or rules of behaviour.
 Moral principles that govern or influence a person’s behaviour

 “Ethics” in philosophy is the science of moral values and duties; the study of ideal
human character and conduct and consequences of it. Ethics develop when men
began to study the motives behind their actions and results.
Ethics is about our actions and decisions.
When one acts in ways which are consistent with our beliefs (whether secular or
derived from a moral authority) we characterize that as acting ethically.
When one’s actions are not congruent with our values - our sense of right, good and
just - we view that as acting unethically.
Defining what is ethical is not an individual exercise however. If it were, then one
could have argued that what Hitler did was ethical since his actions conformed to his
definition of right, fair and good. The ethics of our decisions and actions is defined
societally, not individually.
If society is dominated by a single religious or cultural belief system, as is the case in
some countries, then what is ethical and what is moral may be defined as the same
thing. In societies where there is not a monolithic belief system, there can be very
wide differences in opinion in society as to whether a given action is ethical (or
moral).
Consider several debates that go on in different countries. Often the controversy is the
result of people coming to a question from different moral positions or from different
values. Take the very difficult question of abortion. If your religious belief system
defines abortion as taking a life then you cannot be ethical (acting in ways that are
consistent with your values) and support the position that abortion is a woman’s
individual choice.

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If your personal value system holds that control of one’s body is an inviolable
personal right then the idea that others - individually or collectively - can impose their
will on you is antithetical to that right.
Culturally we also see differences as to how values are defined. In Kenya, society
stands against nepotism. People believe in fairness to all employees in large
businesses and protection of employees from unfairness inherent in the situation
where an individual supervisor favors a member of his or her immediate family.
Fairness demands that nepotism should not be tolerated. In the Arab world, nepotism
is often viewed as an illogical concern. The cultural obligation to look after one’s
family outweighs other concerns. One would favor family. That is what family does.
That is the right thing to do (according to Arab culture).
Although we may agree on values, we may disagree as to which values apply or
which actions best satisfy those values.
And of course we have ethical dilemmas, where the choice is not between what we
believe to be right and what we believe to be wrong, but between competing rights. Is
ethics “situational”? The classic case: “Is it ethical to steal a loaf of bread to feed a
starving child.” The answer, “It depends.”
(iv) Code of Ethics,
 Is a set of dynamic principles guiding the members conduct and professional practice.
 It is the duty of every member of a profession to practice his profession according to
the professionals’ code of ethics.
(v) Code of Practice,
– a set of professional standards agreed on by members of a particular profession.
(vi) Code of Conduct,
 A set of moral principles accepted by society or a group of people.
 A set of laws or rules arranged in a system
 Professionals have self-imposed code of conduct intended to correct the imbalance in
the relationship between the professional man and his client which nurtures or sets
limits to the said relationship.
 The code of conduct is also intended to resolve the inevitable conflict not only
between the interests of the client and the professional man but also the community at
large.
(vii) Professional body,
 Normally professionals in the same sector form an umbrella body to govern their
operations in a harmonised manner that maximises on their interests as well as their
clientele. Such an umbrella body, for instance ISK, normally have express code of
ethics and ensures smooth operations without the bottlenecks
(viii) Professional Conduct,
 Basic values applicable to any profession.
ISK Professional conduct provision
- Every Member shall conform to the Rules of Professional Conduct as provided for
in the By-laws or as from time to time adopted by the Institution.

(ix) Discipline.
“Discipline” as defined in the Oxford English Dictionary means “Control or order
exercised over people, the system of rules used to maintain this control, the behaviour of
groups subjected to such rules, mental, moral or physical training, punish, chastise.
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(x) Surveyor
Definition: Oxford Advanced learner’s Dictionary - A person whose job is to examine a
building to make sure its structure is in good condition or to examine and record the
details of a piece of land. An official whose job is to check that something is accurate, of
good quality etc.

In the current ISK Constitution, unless the context requires otherwise, ‘Surveyor’ means a
person with the academic qualifications and technical expertise to conduct one, or more,
of the following activities:
i) To determine, measure and represent land, three-dimensional objects, point-fields
and trajectories
ii) To assemble and interpret land and geographically related information
iii) To use that information for the planning and efficient administration of land, the
sea and any structures thereon
iv) To assess the value and the management of property
v) To plan, measure and manage construction works
vi) To analyze, interpret and integrate spatial objects and phenomena in GIS,
including the visualization and communication of such data in maps, models and
mobile digital devices
vii) To manage, repair and maintain built environments and slum/urban renewal
viii) To manage housing and infrastructure development projects
ix) To sell and let property
x) To conduct research into the above practices and to develop them

(xi) Surveying Profession.

Is the “science of measuring and delineating the physical features of the earth and
surveying for registration of title to land; the art of determining the value of all
descriptions of landed property and of the various interests therein; of managing
and developing land, the measuring and estimating of artificer’s work and the
valuation, management development and survey of mineral property”.

(xii) Constitution
Definition: - A constitution is the system of laws and basic principles that a state, a
country or an organisation is governed by (Oxford Advanced learner’s Dictionary).
"The ISK Constitution" is the system of laws and basic principles that govern the
organisation.
"The ISK Constitution" sets out the Institution structure and policy orientation.

(xiii) By-laws
Definition: - (Oxford Advanced learner’s Dictionary).
 A law or rule of a club or company.
 A law that is made by a local authority and that applies only to that area.

"The ISK By-laws” sets out the laws and rules that apply to the Institution structure and policy.

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1.2.0 STRUCTURE AND POLICY GUIDELINES OF A PROFESSIONAL

INSTITUTION

Professional association
A professional association (also called a professional body, professional organization,
or professional society) is usually a nonprofit organization seeking to further a particular
profession, the interests of individuals engaged in that profession, and the public interest.

The roles of these professional associations have been variously defined: "A group of
people in a learned occupation who are entrusted with maintaining control or oversight of
the legitimate practice of the occupation;"

Also a body acting "to safeguard the public interest;"

Organizations which "represent the interest of the professional practitioners," and so "act
to maintain their own privileged and powerful position as a controlling body."

This, in turn, places the burden of enforcing a Profession ban upon these associations as
well. Such bodies generally strive to achieve a balance between these two often
conflicting mandates.

Though professional bodies often act to protect the public by maintaining and enforcing
standards of training and ethics in their profession, they often also act like a cartel or a
labor union (trade union) for the members of the profession, though this description is
commonly rejected by the body concerned.

Therefore, in certain dispute situations the balance between these two aims may get
tipped more in favor of protecting and defending the professionals than in protecting the
public. An example can be used to illustrate this. In a dispute between a surveyor and
his/her client or between a patient and his/her doctor, the Institution of surveyors of
Kenya will inevitably find itself plunged into a conflict of interest in (a) its wish to defend
the interests of the client, while also (b) wishing to defend the interests, status and
privileges of the professional. It is clearly a tough call for it do both.

Many professional bodies are involved in the development and monitoring of professional
educational programs, and the updating of skills, and thus perform Professional
Certification to indicate that a person possesses qualifications in the subject area.
Sometimes membership of a professional body is synonymous with certification, though
not always.

Membership of a professional body, as a legal requirement, can in some professions form

the primary formal basis for gaining entry to and setting up practice within the profession.

Many professional bodies also act as learned societies for the academic disciplines
underlying their professions.

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The Reasons for establishing a professional organization

Professional associations and industry bodies have many purposes and functions.
 They further the interests of the particular professional group or industry by serving as
a central ‘voice’ or advocate that communicates with government, other sectors and
the public at large on behalf of members.
 They are often involved in research, policy and strategic development for the industry
as a whole.
 They also regulate and guide the practice of professionals and may require certain
standards of training and ethics for membership.
 Professional organisations and industry bodies may also advise educational institutes
on curriculum development, boost the public profile of the profession and provide
industry-related information resources.
 Most professional organisations also offer professional development and training
activities for members. These activities are either directly related to the industry or
may be more generic in nature.

NOTE:
Professional organisations and industry bodies take a number of different forms. Some
may simply provide services to members for a fee. Others may oversee professional
certification that governs a member’s qualifications in an area. In other fields,
membership of a particular professional body may be a legal requirement to be able to
practice in the profession.

REASONS FOR ESTABLISHING A PROFESSIONAL ORGANISATION

 To represent the members in formulating policies and legislation that will affect the
profession in the country.
 To promote ethical procedures and standards in the profession.
 Registration of members and issuing of certificates to validate one as a professional.
 To cater for the general interest of the members of the institution.
 Protect the public interest.
 Acquire and advance information relating to the survey for the benefit of the
institution and the members therein.
 Safeguard public interest e.g. ISK has professional practise and ethics committee
which sets standards and regulates conduct of its members. ISK also stipulates its
code of conduct for its members hence protecting the public from unethical practises.
 Formed to conform with international standards for best practises internationally e.g.
ISK conforms to international organisations such as International Valuation Standards
& Commonwealth Association of Surveying and Land Economy (CASLE).
 To conform with provisions of certain acts of parliament e.g. Valuers Act Cap 532,
Estate Agents Cap 533, Surveyors Act Cap 299, etc.
 To avoid unhealthy competition – eg organisations such as ISK stipulates professional
code of conduct and practise to ensure professional playing field is level.
 To promote welfare of its members e.g. ISK by negotiating with relevant authorities
to protect its members from paying single business permit license fees.
 Education of its members through programmes such as continuous professional
development and seminars.
 Professional organisations such as ISK offer information to the public and participate
in national policy formulation and enactment of laws.
 Recognition – professional organisations are easier to identify with and market both
locally and globally.
 Professional organisations act as a voice of the members and therefore acts as a bridge
between the government and members.
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 Professional institutions are necessary to curb the proliferation of quacks.

 To promote the general welfare and interests of the members of the profession.
 An organisation aids in establishing a scale of fees ensuring its members are
compensated adequately for the serves offered.
 An organisation caters for the welfare of its members e.g. by establishing a welfare
fund, SACCO, etc.
 The professional organisation becomes a channel through which its members can
lobby for policies and statutes that help them advance its cause.
 A professional organisation helps to standardize the professional services that are
offered by its professional members.
 The professional organisation also represents its members in local, regional and
international forums.
 It enables members to associate themselves with a body and instils a sense of
belonging.
 Professional bodies are necessary to vet members through professional exams.
 Necessary to ensure that professional ethics and conduct are adhered to by members.
 Professional bodies acts as a mouthpiece of certain professionals thus ensuring the
public notice their services.
 It is an avenue where public (clients) can direct their complaints about professional
misconduct.
 Professional organisation is the best avenue for continuous professional development.
 Securing the advancement and facilitating the acquisition of knowledge constituting
the profession of a surveyor.
 To promote the interests of the professional/members – establishing a professional
organisation ensures that a professionals interests are catered for in full. This may
relate to career advancement where an organisation like the ISK deals with the
modalities of post graduate education to its members thereby guaranteeing that the
members become registered and ready to practice as professionals in the field.
 To set standards and regulate the profession – professional organisations like the ISK
outline the standards expected from professionals to ensure they remain relevant and
at par with the international standards. By doing this, the profession is regulated in
such a way that quack and conmen cannot operate as professionals without getting the
requisite training and qualifications. An example are the International Valuation
Standards Council (IVSC) from which the valuers have borrowed standards and
trends from.
 To secure the advancement of knowledge and acquisition of knowledge in relation to
the profession.
 Professional organisations like the ISK provide a platform where knowledge
pertaining to the surveyors profession can be acquired and advanced.
 The ISK gives the platform where graduate members of the institution can be taught
through lectures over a period of time which represents acquisition of knowledge and
also advancement after which they sit for exams.
 The ISK also does regular publication concerning the professions and also holds
seminars on the same.
 To protect the public from exploitation – professional organisations are also
established to protect the members of the public from exploitation. Rogue
professionals would normally take advantage of citizens or poor people who are
unaware of what a professional should and should nto do.
 The ISK therefore comes in to protect the unknowing citizens heavily disciplining any
misconduct and this includes suspension, penalties, warnings and even expulsion of
members who fleece the public.
 For the welfare of members.
 For the dignity of the profession.
 To ensure that the public gets quality professional services.

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 For advancement of members through training, workshops, continuous professional

development.
 To arbitrate disputes between one member and another, and between a member and a
client.
 To provide a forum for members to meet and share ideas.
 To regulate the conduct of members through a professional code of conduct/ethics.
 To recommend members to sit on the boards of various statutory bodies.
 To recommend members to prospective clients.
 To register new and continuing members and de-register errant members.
 Professional organisations are established purposely to identify and put together
people practising in related field. Specifically for the ISK the professional and people
with expertise in land related field like land surveying, valuation, building
construction, land management. Due to their close relationship, they are brought
together under one umbrella body called ISK.
 Professional bodies are also affiliated to regulate the profession. The bodies set the
acceptable standard guidelines under which a professional person is expected to
operate. Probably the organisation of professional set the best practices and
expectations of the professional. The code of conduct of the practitioners guided by
the professional body.
 The other reason is to protect the client, the consumers, the members of the public
who require the services of those organisations. When professionals are left to operate
themselves without protecting the consumers, they can be exploited.
 The professional organisation can also be established in order to ** for career
development of the members. Since we operate as a changing environment, the
practitioners need to be developed in like with the changing professional environment.
 The professional organisation are established in order to handle or tackle any
emerging trends form a certain point. For instance issues do not *** environment can
**** be handled from the organisation point of view. Otherwise left to each
individual professional not likely to be addressed.

The challenges experienced when forming such an organisation

The main challenges are in coming up with the structure and policy guidelines which in
turn are in brief determined by the following:-

- Responsibilities, needs and opportunities that the professional body sets or defines in
its objectives.
- The type of discipline that constitutes its membership ( single or multi disciplinary);
- The philosophy of grouping these disciplines in divisions or chapters and the level of
autonomy they enjoy from the dictates of the main body;
- The need for efficiency and effectiveness in resolving the above into internal
administration or management (policy definition and execution of the same);
- Financial considerations;
- Balancing of the inevitable hostile brothers in private practice and public employment;
- Statutory surveillance on the affairs of the profession;
- The influences of the technological and social-economic, cultural and political climate
or changes.

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 Professional Practice and Procedures – Institution of Surveyors of Kenya (I.S.K)

CHALLENGES EXPERIENCED WHEN FORMING SUCH AN ORGANISATION

 High costs of operations e.g. opening of branches countrywide to reach its members.
 Limited members of a particular profession.
 Restrictive rules and regulations within the country may hinder formulation of an
organisation.
 Lack/inadequate statutes to regulate certain professionals e.g. in ISK, BS and LMS do
not have express statutes to regulate them. This may pose a challenge to ISK in
regulating such members.
 Financial challenges – such organisations require money to run and operate or carry
out its functions. Some organisations such as ISK are non-profit making hence have
limited ways of raising funds and thus may pose a challenge to the organisation in its
operation.
 Too many (potential) people who are practising a profession (e.g. survey) but do not
have the relevant training and experience e.g. quacks. It may be a challenge
accommodating everyone.
 Members practising unethical practise are unwilling to abide by the ISK constitution
and by-laws. This may pose a challenge in regulating the conduct of its members.
 The organisation may lack adequate powers to discipline its members e.g. the
regulation of unethical estate agents. In most cases the institutions do not have
prosecution powers over its members and this may explain why there are so many
quacks in the real estate sector.
 Leadership challenges – for institutions to operate well, they require property
leadership and if the leadership is lacking or inadequate, there may be a challenge in
its formation and operations.
 Financial constraints – since finances are required to set up a secretariat and staff it.
 Lengthy and legal procedures – in registering such an organisation from the office of
the registrar of societies to be allowed to run.
 When professional organisations are being formed, membership is normally low.
 When they are formed, there is resistance from unqualified individuals who are in the
same field, for example, in ISK, there are those who practise as valuers and property
managers but are not qualified and may try to oppose any move of forming a
professional organisation.
 When they are being formed, they may face financial problems that may hinder
service delivery.
 Divergent views of individuals.
 Lack of awareness by the public and individuals.
 Divergence of public and private practitioners.
 Political interference by different interests.
 Lack of commitment by various individuals and sectors.
 Corruption and related vices.
 Corruption may try to circumvent the efforts of such a formation as the same thrives
in un-regulated fields.
 Challenge may arise in coming up with an eligibility criteria and also in deciding
which disciplines to cover.
 The “quacks” who may feel left out which such an organisation is formed may try and
sabotage such endeavours.
 Potential members who may be conducting unethical practises may feel that such an
organisation would lead to an end on their practice once found out.
 Resistance by some potential members who think formation of such organisation
would lead to undue advantage to other members.
 Ignorance and lack of awareness – members not willing to join or participate.
 Diversity in professionals – there are many professionals in different fields and the
organisation needs to accommodate all of them which could be expensive and tasking
to manage.

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 Forming these organisations can be expensive in terms of office space rent, staff
remuneration and other office expenses.
 Prohibitive set up costs which include registration of organisation, acquiring premises
to operate from, recruiting and remunerating staff, procuring furniture, equipment,
and other related costs.
 Formulation of a constitution and/or rules and regulations that are acceptable to all
members by consensus may be difficult.
 Bureaucratic registration procedures resulting to unnecessary delays and expenses.
 Hostilities from other professions or members of public in both private and public
sector.
 Lack of political goodwill.
 Resistance from those practising but unqualified “professionals” e.g. unqualified
estate agents.
 Legislation Challenges – when forming organisations like the ISK, it is important to
have a set of laws and principles which form the policy and framework for the
professional organisation. Coming up with a constitution which satisfies the
requirements of ISK is not easy because of challenges of implementation. Coming up
with bylaws of ISK also requires a lot of time and sacrifice which not many members
of the ISK are ready to offer as they are busy running other errands.
 Financial Constraints – organisations like the ISK need a substantial amount of money
to conduct their day to day business and be able to cater for the salaries, expenses and
rent for the offices. The formation of an organisation therefore becomes very
challenging due to lack of enough funds.
 Membership Issues – organisations like the ISK face a problem of lack of enough
members especially at the formation stage. Members are important to an organisation
to pay fees and subscriptions which help fund the activities. This fact tends to repel
some members which make formation of such an organisation a challenge.
 A small capital base due to the fact that membership is still low.
 Low membership.
 Limited infrastructure in terms of plant and equipment.
 A lot of sensitization and mobilization needed not only among the prospective
members but also with other professional bodies and with members of the public.
 Ignorance and lack of awareness of the need for the organisation.
 Firstly would be establishment of its membership. It is sort of difficult to know the to
be list of who are members. This is because the members would be spread all over
doing different engagements and therefore difficult to establish their members.
 Some members may not be ready to join the organisation therefore may require sort of
explaining to them the importance of joining such organisations.
 It costs time and money to establish an organisation. This may be a challenge
especially during the establishment since source of such funds would be an issue.
 Lack of the necessary legislation to facilitate establishment of such an organisation.
When legal provisions are not fully established. Establishing an organisation becomes
challenging.
 At the time of the establishment it may require personal passion and will to establish
such an organisation. If the initial members do not have passion for their profession
and see the need to establish the organisation, then it may be time to establish it.
 Political goodwill of the nation in which such an organisation need to be established.
It is obvious that unstable governments have little time for such organisations as they
will make them to be for opposing sides or rebels, etc.

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The advantages of joining such professional organization

Basic benefits of professional membership societies
Although each organization has its own unique advantages, most professional
associations offer some or all of the following basic benefits: -
1. Exclusive online resources. The websites of most professional associations offer
“members-only” sections that provide access to a variety of databases and message
boards, as well as list-serve subscriptions so that you can be notified via email about
upcoming events and special activities that may not be open to the general public.
Some feature content on a variety of topics, such as running a business, advancing
your career or boosting your technology expertise.
2. Networking opportunities. When you join a professional organization, you’ll
deepen existing business relationships and make new contacts on a regular basis. Such
networking goes beyond the exchange of business cards – as you attend periodic
meetings, become active on a committee or take a prominent leadership role, you’ll
forge lasting ties with others who have common professional interests and similar
business concerns. These relationships will be rich, ongoing sources of inspiration and
ideas.

3. Education. Many professional associations offer their members the chance to update
their knowledge of business and trade basics or acquire new job skills through
seminars, workshops, break-out sessions at conferences and online courses. Typical
subject matter can run the gamut from tax tips and small business financing to advice
about hiring and staff management.

4. Free or discounted publications. Membership in many groups includes a free

subscription to the organization’s magazine. Some associations also offer their
members free publications and discounts on CDs, journals, videos/DVDs and other
materials.

5. Conferences and seminars. Members are often given priority registration for their
organization’s convention and may receive discounts on conference fees or special
rates on related expenses, such as hotel reservations and car rentals.

6. Beyond the basics

Depending on the organization, there may be additional benefits beyond those listed
above. Some organizations, for example, offer access to capital for members looking
to grow their businesses. Other less tangible but equally important benefits can
include: -

• Support system. Members of professional associations can often take advantage of

formal coaching or mentoring relationships with more experienced business people
who provide guidance and useful insights. Even on an informal basis, such
relationships can be a source of answers and solutions when you’re facing a
challenging situation in your business. At the very least, the feeling that you have a
support network behind you can boost your confidence when problems arise.

• Political clout. Large national organizations often have committees to track federal
and state legislative developments that could have an impact on their specific business
or industry. Such organizations have a significant political presence that far exceeds
that of individual members. Joining this type of professional organization enables you
to tap into the group’s political influence and resources.

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• Civic leadership. As an individual businessperson, you may not have the time or
resources to sponsor a charitable event, partner with an educational institution or
otherwise participate in community activities. But if your professional organization is
active in civic and philanthropic ventures, you can become involved in many
worthwhile projects. Associations contribute to their communities in a variety of
ways, from providing scholarships and hosting career days for students to supporting
important charitable causes.

Joining a professional organization is beneficial for your own professional

development and the future of your career. The connections you’ll make, the
resources made available to you and the ideas and advice you’ll discover represent an
outstanding return on what amounts to a modest, manageable investment of time,
money and effort. It could turn out to be one of the best things you could do for
yourself and your career.

5 Reasons to Join

When someone asks me, “Why should I join a professional association?” my short
answer is simply leverage and resources. Professional associations are service
providers. These associations can perform many tasks, such as advocacy, public
relations and “bulk-buying,” more effectively than individual practitioners could
otherwise carry out. In return, members pay membership dues and volunteer for
association tasks to carry out the needs of the association.

Boards of professional associations need to rapidly and frequently assess the needs of
their members, plan ahead while responding to existing trends and advocate to protect
existing privileges while remaining open to new opportunities and responding to new
threats.

There are five services I look for in a professional association. These include:

1. Information. I want to receive accurate and prompt information about the

issues I need to know about. Better information means I can make better
decisions that affect my practice

2. Advocacy. I want my professional interests brought effectively to allied health

professionals, the insurance industry, government, media and any other
organization my fellow practitioners and I encounter in our day-to-day
practice.
3. Public relations. I want an association to actively market to the general public
and referring health-care providers on a regular and consistent basis regarding
the scope and benefits of the massage profession’s services, and to counter any
negative press that may harm the profession.
4. Expansion of opportunities. By investing in research and building alliances,
an association can open new doors for my colleagues and I in building
credibility and position.
5. Professional development. I want high-caliber, international experts brought
locally to association events, so I can learn straight from the masters.

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THE ADVANTAGES OF JOINING PROFESSIONAL ORGANISATION

 Networking with fellow professionals.

 Training seminars that sharpen the skills of the professional further.
 Disseminating of advise and information from the organisation to the
professionals on best practises.
 Professional organisations promote the welfare of its members for instance
through lobbying to the relevant authorities for elimination of single business
permit for professional offices.
 Training of members through continuous professional development programmes
and seminars hence sharpening the professional mind and tools and skills.
 Professional organisations handles conflicts arising among professionals or among
professionals and public. This is done in house or in private and thus protects the
dignity of the members (public) and professionals.
 Regulation of competition amongst members of the professional body e.g. by
stipulating and issuing professional code of conduct and practise.
 Stipulation and recommendation of scale fees to improve welfare of the members
and make sure that professional field is level e.g. when tendering for jobs.
 Professional bodies establishes a link with other organisations and stakeholders
e.g. ISK is affiliated to CASLE, APSEA, etc and works with government
institutions locally e.g. Ministry of Lands, University of Nairobi etc in order to
promote the welfare of the institution and members.
 Promoting public confidence in the professional e.g. members of public and more
confident in dealing with the professional who has an organisation.
 Such organisation provides a chance to members to make contribution to national
policies of the National Land Policy, Land Act which would otherwise have been
an achievable on individual basis.
 They prescribe professional exams.
 Members can be nominated to join in public bodies.
 Members get professional recommendations.
 Enables members have information on what is happening in the field e.g through
ISK issuing periodicals and newsletters which have information to their clients.
 Recognition by society under which one operates.
 Feeling of belonging to a club.
 Organisation caters for the welfare of the members by establishing a welfare fund,
SACCO, etc.
 Acts as a link between the public and the professionals constituting its
membership.
 Aids in establishing an organisation – is a mechanism of resolving disputes.
 It is also a channel through which a member together with other members can air
their grievances and advance their course with the government for their benefit.
 The organisation presents a forum for consultation and deliberation and
advancement of professional matters.
 Members of a professional body are able to manage their finances by saving in a
SACCO and borrow from the same SACCO for their financial development.
 An organisation like the ISK promotes the interests of the profession/members
locally in the region and also internationally. It is therefore crucial for a member
to join a professional organisation because their career interests will always be
promoted at whatever level.
 A professional organisation helps in setting the scale of fees and even it its
revision. The scale of fees consists of the rates at which a professional will be paid
for his services.

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 Joining a professional organisation ensures there is career advancement and

continuous learning. Organisations like the ISK organise seminars, talks and
events where professionals interact and learn from each other.
 Joining a professional exam ensures that a professional enjoys the services of a
SACCO or other ways of borrowing money. The ISK for instance has SACCO
where members can save up for a period and be advanced money from the saved
amount.
 One is assured of being in touch with fellow professionals.
 One can increase one’s business through getting new contacts – networking.
 Through affiliation with other professional bodies both national and international,
the organization can increase or expand the horizon for doing business beyond
borders.
 The organization will provide an alternative dispute resolution mechanism in case
of conflict between member and client. This could be cheaper than going to court.
 There is continuous professional development for the members.
 The organisation provides forum for networking among the professionals thus
growth in business.
 Such organisations establish within themselves welfare bodies that cater for the
members social needs.
 There is *********, alot of awareness of the market trends and any other
information that members may need to know. There are channelled through such
organisations.

The Disadvantages of Belonging to a Professional Organization

Humans are social animals. They grow up in families, go to school with chums and form
personal friendships, and in business, they join professional and business organizations.
While the benefits of joining includes networking with your peers, learning the latest
industry developments and attending educational seminars, there are disadvantages.

1. Fees
Most professional organizations require the payment of annual fees. There may also
be an initial application fee as well. These fees will differ depending on whether you
join one association or several professional organizations.

2. Time
National associations may have an annual meeting, while your state association has a
monthly meeting. That may only be one evening per month. However short the
meeting is, your time does have value. If you belong to more than one association,
you could end up with weekly meetings chewing up your time. Time is also involved
reading the monthly newsletter, emails and publications. These associations may have
benefits by keeping you on top of what's happening in your industry, but the downside
is you aren't meeting new potential clients.

3. Expenses
In addition to the applications and membership fees, you'll also be spending money on
association breakfasts, lunches and dinners as well as transportation costs or gas
expenses.
4. Socializing
As one of the characters in the movie "The Quiet Man" said "when I drink whiskey, I
drink whiskey; and when I drink water, I drink water." His point was to focus on one
objective at a time, not mix the two. If the professional meeting is primarily oriented
toward socializing, rather than business, it may not be of enough value to attend.

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Some associations dedicate more meeting time for mixers, nibbling snacks and
sipping drinks than they do for business.

5. Pressures
Once you join, you may be blissfully left alone. On the other hand, you may receive
weekly or monthly reminders to increase your pledge, take a position on a committee
or recruit other members. The association may take a stance on a policy that you don't
agree with and assume that all members will support it. A profession includes people
with a wide variety of political alignments, religious beliefs and personal values.
Sometimes an association forgets that.

THE DISADVANTAGES OF MEMBERSHIP

 Formation of professional cartels that influence decisions in their favour.

 High cost of membership fees and training costs.
 Some of the rules of law and regulations are vague and some members end up taking
advantage at the expense of others.
 One may be required to pay certain fees e.g. to attend seminars and workshop
training. If the fees are too high , this may hinder the member from utilising services
of the institution.
 One is required to abide by the institutions constitution and by-laws and the
provisions therein which may be in conflict with ones beliefs, customs and traditions.
 Some regulations e.g. in the constitution and by-laws may not be good for business
e.g. that on professionals not allowed to advertise for their services.
 The procedures and meetings of the organisation may be time consuming e.g. too
many meetings which take too long to finalise. Such procedures and meetings, if
made mandatory, may eat into the professionals time of practise.
 The organisation may lack powers to regulate conduct of some of its members thus
disadvantaging others e.g. some members advertising their services and no action is
taken against them.
 It restricts ones freedom and therefore create a box thinking nature.
 Quacks are allowed to operate unregulated while members of the professional body
are restricted.
 Regulations and by-laws remain largely unchanged/unrevised and as such are
restrictive in the dynamic market where **************** fast.
 Regulations makes the professional services expensive.
 It also inhibits innovations as members are restricted in many ways and only operate
under set guidelines.
 Regulating fees to charge also inhibits/distorts the market forces of willing buyer
willing seller.
 Some regulations within the institution are also prohibitive such as the advertising
clause in ISK.
 Professional bodies draft some laws which are inconsistent with the free market
economy e.g. ISK does not allow members advertise themselves or their services.
 Members are not allowed to decide on the fees to charge as the fees are fixed by
ISK/regulatory bodies.
 Members are supposed to adhere to the code of standards of the professional body.
 Members shall be required to pay membership fees and annual subscription failure to
which the member may be expelled from the organisation leading to disrepute by
fellow members and the clients who may be aware of such an expulsion.
 A member is tied by the provisions instituted by the organisation and may result in
being punished or driven out of practice when a member contravenes the provision of
membership.

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 The membership can be costly to members – costs to seminars can be high thus not all
members can attend. Subscription (annually) fees are also a challenge to some
members.
 Requires time – members are expected to attend meetings and it can be time
involving. The leaders also dedicate most of their time in running the organisation and
their private business can sometimes be affected negatively.
 Due to the increasing number of membership not every member’s ideas or
suggestions can be listed to and acted upon.
 Regulations within professional bodies discourages innovation (closed box thinking).
 Professional bodies regulations are rarely amended hence majority.
 A dormant organisation will only log back the profession, create a bad public image
and reduce confidence in the profession and professionals practising it.
 Most organisations do not engage their members on day to day activities of their
organisation.
 Statutory regulations may not be firm enough to protect the interest of the members
and the general public for instance the Estate Agents Act provides that anyone of
good conduct could be registered.
 Lack of branches all over the country makes members of other towns to be inactive or
less involved in matters pertaining the institution. Currently there are only two
branches of ISK one in Nairobi and the other in Mombasa.
 The roles and regulations, if too stringent, may encourage brain drain where qualified
members move to other countries where the rules are somehow relaxed.
 No free hand to try new things – members have to constantly check the provisions of
the membership they have before venturing into new ideas.
 No advertising – members of professional organisation are not allowed to advertise
for their services.
 Membership brings about the obligation of paying annual subscriptions and renewal
of licensing which is an expense to the member.
 When an individual becomes a member of a professional organisation like the ISK
they become susceptible to the professional code of conduct if a member goes against,
the risk expulsion, reprimand and even paying of penalties.
 Membership also requires that members must attend meeting and seminars failure to
which they will not have CPD points which are considered very key to a member in a
professional organisation. Attending meetings is not always easy for members
therefore a disadvantage to them.
 Membership to any professional organisation like ISK calls for life long learning
(LLL) as long as one is a professional at whatever age. This is important as
continuous improvement as important for the professional to remain relevant.
 The member is *** set of rules and the constitution limit the manner in which he/she
does business. In the *************
 As a result, the ***** is less competitive ******************

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MEASURES TO ENHANCE IMAGE OF PROFESSIONAL ORGANISATION

 Lobbying the legislation for the organisation (ISK) to be legally recognised.
 Carrying out awareness campaigns in the media.
 Formulating of marketing and PR strategies.
 Carrying out regular training seminars for members and non-members.
 Offer consultation services to the public.
 Proper funding mechanisms should be established e.g. by raising the annual
subscription fees.
 Appointment of qualified leadership and staff of the organisation to manage
operations of the institution.
 Enactment of laws to regulate the unregulated professionals e.g. Land Management
Surveyors (LMS) and Building Surveyors (BS).
 Devising ways of accommodating all people practising survey profession including
quacks.
 Making it mandatory for one to be a member of the organisation to practise surveying
profession.
 The organisation should be fair to every member so that some members do not take
advantage of others e.g. in advertising their professional services.
 Disciplining members without fear or favour.
 Awareness campaigns on the existence and functions of the organisation to public and
members.
 Branding the organisation in a manner that is recognised locally, regionally or even
globally.
 Involvement of qualified professionals in its running e.g. accountants, managers, IT
experts etc.
 Associating and affiliation to international recognised organisations which can
enhance the operations of the professional even across borders.
 Carrying out their operations in a transparent, impartial and honest manner. This
creates confidence among members and even the public in general.
 Where necessary, enacting laws to ensure recognition of its various members e.g.
Valuers Act, Quality Surveys Act.
 Continuous training of the staff to ensure they are up to date with management issues
e.g. tax obligation and laws tucking on their operations.
 Setting up tight measures against errant members and a functional disciplinary
committee.
 Ensuring that all set out rules of conduct and regulations apply to all members
irrespective of their contribution to the professional body.
 Educating members through the continuous development programmes to keep them in
touch with the reality on the ground.
 Reviews of the constitution and bylaws should be done regularly to reflect the
dynamic environment of real estate and other sectors.
 Obsolete and outdated regulations should be scrapped.
 Increase membership of the professional organisation.
 Improve governance of the professional organisation.
 Publicising the activities of professional bodies so that the general public can know
what they are doing.
 Run the professional secretariat with qualified staff.
 Participation in national agenda especially policy formulation and writing of laws.
 Involve non-members in formation of some policies and achieving certain results e.g.
public participation.
 Organisation out to act tough on the members who involve themselves in practices
that would ruin the reputation of the organisation.
 The members ought to be supplied with practising manuals so that their practise is
uniform thus acceptable to the public and easy to enforce the same.

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 New technology out to be embraced by such an organisation for better service

delivery to its members.
 Consider creating more chapters to incorporate the members who are not covered
under any chapter.
 Discourage the infiltration of quacks in the market by bringing them together and
encouraging them to join ISK.
 Increase visibility, publicity, accessibility and reach out to members and the general
public through approaches such as media updates, grass root sensitisation efforts and
corporate social responsibility initiative.
 Increase membership by scouting for unregistered members and new areas from
which it may seek members and consequently represent a large group of professionals
and be a voice to recon with.
 Carrying out research on relevant issues that are of benefit to its members and the
general public.
 Taking disciplinary measures to errant members to deter the occurrence of said
behavious and boost public confidence.
 Take part in matters of public interest such as in the formulation of policies and
strategies by providing expert advise.
 By conducting forums and seminars to the members to enlight on the emerging
features.
 Through legislation backing through an act of parliament that makes mandatory for all
surveyors to join ISK.
 To enhance operations ensure that all professionals pays their dues and must subscribe
to the institution.
 To enhance image, the organisation should adhere to strict code of conduct.
Enforcement of the regulations should be prioritised.
 Lobbying for eradication of quacks which can be done through police – similar to
what other organisations should increase their source of revenue trhoug investments.
 Enacting legislation that seek to protect the chapters that are subject to loopholes
which enhance proliferation of the unqualified and unregistered persons.
 Getting experts to assist in making the ISK brand to be visible throughout the country
and beyond.
 Pushing for recognition of the institution bylaws.
 Opening of branches in different regions so as to be close to its members and the
general public.
 Election of professionals who have no past cases of corruption or unethical practises
as officials.
 The institution should increase its revenue source from other methods so that it can
run its operations efficiently.
 Conducting public awareness campaigns whereby the members of the public are
informed about the professional organisation liek the ISK, its functions and where
they are located.
 Organizing professional activities where professionals can meet and chart a way
forward for the professional
 Education and awareness campaigns among the prospective members.
 Information to members of the public about the goals, aspirations and functions of the
organisation.
 Membership recruitment drives.
 Timely comments and statements over the mass media on topical and emerging
issues.
 Lobbying for recognition by government and private sector bodies.
 Training and sensitization of staff of the organization.
 Attending local and international symposia, conferences for the top organs of the
organisation.

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1.2.1 Institution Structure and policy guidelines

The structure and policy guidelines are in brief determined by the following:-
 Responsibilities, needs and opportunities that the professional body sets or defines in its
objectives.
 The type of discipline that constitutes its membership ( single or multi disciplinary);
 The philosophy of grouping these disciplines in divisions or chapters and the level of
autonomy they enjoy from the dictates of the main body;
 The need for efficiency and effectiveness in resolving the above into internal
administration or management (policy definition and execution of the same);
 Financial constraints;
 Balancing of the inevitable hostile brothers in private practice and public employment;
 Statutory surveillance on the affairs of the profession;
 The influences of the technological and social-economic, cultural and political climate or
changes.

1.2.2 Professional Body’s Services

The rendering of these services may be divided into two and their quality is determined on
how the above structure and the policy guidelines are framed. The way they are rendered also
reflects back on the continued existence of the professional body. Both are dialectically
related.

(i) Personal services to the members

These are of two types
a) Personal
 career advice to those who contemplate joining the professional body;
 conferment of qualification status
 business management advisory services (mid-career courses)
b) Communal
 Information services, (professional periodicals, news letters)
 Promotional services (public relations, marketing etc)
 Practice guides (code of practice booklets, scale of fees, etc).

(ii) Service to the public

 Professional recommendations,
 Nomination of members to arbitrators, boards etc.
 Contribution to public affairs (legislation, environmental question, evidence to public
commissions).
1.2.3 What has then evolved
Professional body administrative machinery and its officers, staff, secretariat, foundations.
a) Council.
 deals with matters of policy and not daily routine work of profession
b) Executive Committees, management boards.
 Deals with executive functions advices council and manages the secretariat.
c) Secretariat-permanent or part time staff.
 Co-ordinates the policy and executive functions,
 deals with correspondence,
 keeps accounts records,
 Relieves the council and executive committees from routine work.
d) Secretariat Premises.
 Serves as headquarter to provide appropriate facilities for members,
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 efficient accommodation for its staff and premises appropriate to its standing as
a corporate body.

e) Foundation.
 Run by a board of trustees to offer scholarships, bursaries, research grants, give aid
to distressed members or their families.

The Institution of Surveyors of Kenya (I.S.K)

Based on above, I.S.K was formed with the following objectives:-

a) To secure the advancement and facilities the acquisition of that knowledge which
constitute the profession of a Surveyor.
b) To promote the general interests of profession and to maintain and extend its usefulness
for the public advantage.
c) The institution shall be non-political.
d) The Institution shall encourage the formation of branches, but the headquarters shall be in
Nairobi.

1.3.0 PROFESSIONAL PRACTICE, ETHICS AND MORALITY

(Ethical vs. unethical practices, professional vs. client vs. society, disciplinary issues,
corruption and corporate governance, etc).

1.3.1 Unethical practice/disciplinary issues – ISK past cases

Topical presentation: In a past presentation (ISK seminar on 10/12/1999), Professional

Standards and Practice of a Surveyor in the next millennium – F.I.G. perspective – By C. K.
Riungu a Lecturer at University of Nairobi had this to say: -

There is increasing number of clients’ complaints which is a manifestation of poor

professional service. To-day’s clients are more sophisticated than yesterday’s and will settle
for nothing less than the best.
Disciplinary matters brought to the attention of ISK through Council are normally referred to
the Professional Practice and Disciplinary Committee (PPDC) which sits for discussion when
pending business permits.
Currently and in the past, the complaints have been from banks and other Financial
Institutions.
The nature of some of the complaints that have come through Council include:

LAND VALUERS:

1. A Valuer has done a rental valuation and is expected to submit a report to his client, which
he does not inspite of the fact that the client alleges to have paid the Valuer in full. After the
client is unable to get any response from the Valuer, he instructs an advocate to pursue. The
advocate does so without results. The advocate finally writes to ISK. On intervention by ISK,
the Valuer forwards the report to the client through the advocate. What would you expect of
the ISK Disciplinary Committee in a case like this?
2. The bank issues instructions to a valuer for a valuation report for mortgage purposes. The
valuer does not go to site himself but sends a trainee valuer who does not even work under
him. A report signed by the registered valuer is submitted to the bank, which lends money on
that strength. The client defaults on repayment so the bank instructs another valuer to do
valuation for forced sale purposes.

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The report from the 2nd valuer indicates that the plot is vacant while that from the 1st valuer
indicates that is developed with a permanent house. While the 1st valuer puts the value of the
plot and developments to be Kshs. 270,000/=, the second valuer gives the value of the vacant
plot to be Kshs. 50,000/= in harmony with local values.
The bank therefore writes to ISK for determination of the case. It turns out that the described
permanent house belongs to the same client but on a totally different parcel from the one the
1st valuer returned a value for. The principal here is that firstly, the valuer did not himself go
to site neither did he use his direct employee. Secondly, the person who went to site ended up
relying on identification details given by the owner of the property. What decision would you
expect of the ISK Disciplinary Committee on a case like this?

3. The bank calls for a valuation report for mortgage purposes from a valuer who returns a
value of 5.2 million. Before the bank lends money to the customer, the later moves to a
different bank, which calls for another report from a different valuer who returns a value of
2.75million for the same property.
Both valuers indicate that there is a double storey residential building on the plot and they
appear to concur on the location of the property and the general description of the same and
the permanent development thereon.
The client disagrees with the 2nd valuer and asks the bank to request for a report from the 1st
valuer. The 1st valuer returns a report similar to the first one after his first visit-5.2 million.
Since the bank cannot lend due to the discrepancy, it requests the two valuers to reconfirm the
validity of their reports. They do so each defending their figure. The bank therefore refers the
matter to ISK for determination.
When called before the PPDC of ISK, each valuer defends their method/value upon which
they are advised to revisit the property. After the revisit the 1st valuer returns an open market
value of 4.0 million and forced sale value of 3.2 million. The second valuer returns a higher
value of 3.155 million as opposed to his first of 2.75 million.
Details reveal that the 1st valuer had used wrong details of comparison in deriving his final
value while the second valuer had understated the plinth area of the building by over 700sq ft.
Again what would you expect of the ISK Disciplinary Committee on a case like this?

MONEY: A surveyor had failed to account for institutional money since 1994 and refused to
respond to ISK correspondence all through-what decision would you expect of the ISK
Disciplinary Committee in a case like this.
From the above members should appreciate the complex nature of the complaints forwarded
to ISK. The committee is trying the best it could to make decisions on each of the forwarded
complaints within the facts and circumstances noted.

LAND SURVEYORS
After a newspaper advertised the suspension and reprimands issued to some members, a
complainant has written highlighting what he refers to as improper practice of a licensed land
surveyor. He alleges that the surveyor operates through agents who never carry out actual
surveys on the ground. He also pre-signs mutation documents.
Council has written for hard evidence to help in further investigations before a decision is
made. Some licensed surveyors are known to append their signatures on survey records as if
they had done the job. Such unethical practices eventually come to light when cases of
disputed boundaries arise. You can well imagine the embarrassment the licensed surveyor
suffers when he losses his professional credibility in the eyes his/her clients and professional
colleagues.

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LAND MANAGEMENT SURVEYORS

The current council has not yet come across cases of complaints against the above. They also
do not have a code of Ethics but operate under the ISK one. They do not operate under
statute. It is perhaps time that legislation to govern the operations of these surveyors was
enacted.

BUILDING SURVEYORS
The current council has not addressed any complaints on this discipline (that I know of).
Understandably, misconduct under this discipline could include:
 Irregular condemnation of Government buildings for purposes of disposal.
 Under-or over-quotation of cost of repairs required while taking over or handling over
buildings between different owners (Landlords).
 Delays in advising building owners to renew their plot leases in good time which leads
to loss of value of property.
 Failure to advise building purchasers about the correct state of buildings at the point of
purchase. This has led to situations where at times the cost of repairs may exceed the
stated worth of a building.
Please note that these surveyors too do not operate under statute. They operate under the
general ISK code of Conduct.

CONCLUSION
There is need to restore public confidence in our profession if we are to continue to be
effective in our important contribution towards national developments.
i. Surveyors should join Professional Associations, which provide a useful forum in
which they can exchange views and chart out the future of the profession for the
benefit of all.
ii. The infiltration of unqualified persons in the profession particularly in the building and
property management discipline is a major concern and there is need to formulate a
legislation to cater for these chapters.
iii. Closer co-operation to be encouraged between surveyors, planners and other
stakeholders in the provision of services by land development professionals.
iv. The advances in science and technology and the increasing sophistication of clients
demand that the professional up-dates his knowledge. Hence the need to emphasize
continuing professional development (CPD) by, for example organizing Seminars.
v. The issue of professionals who operate as Government servants and are also running
their private offices needs to be addressed. We are aware that, at independence, there
were indeed very few professionals. Current statistics however reveal that the position
has since changed and there is now “an adequate supply” of professionals within and
outside the civil service. Should professionals in public service engage in private
practice despite the attendant conflict of interest?

1.3.2 Professional Ethics

1.3.3 Ethics, Corruption and Corporate Governance

Q. Briefly describe forms of corruption in the society.

Corruption: is defined as the abuse of offices of trust for private gain. It generally occurs when
actors in the private sector interact with holders of offices of trust in the public sector.

Among the many types and levels of corruption is

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 Professional Practice and Procedures – Institution of Surveyors of Kenya (I.S.K)

 “Grand Corruption” which involves huge sums of money paid by major business to high
level politicians or Government officials.

 Systemic Corruption: Which takes the form of substantial bribes paid to public officials in
order to obtain favours for example obtain licenses or permits or to by pass regulations.

 Petty Corruption: Which involves modest payments to avoid delays, jump queues or obtain
goods in controlled markets.

Q. Briefly describe the economic, social and financial effects of corruption.

The economic and social costs of corruption are always high -

 Corruption - undermines development.

 resource allocation is distorted;
 public revenues are reduced,
 investment is retarded
 the rule of law is weakened.

Q. Briefly describe ways of promoting good governance and elimination of corruption.

Promotion of Good Governance and elimination of corruption requires
 Strong political will at the highest levels of government.
 at the national Level, it calls for action on five inter-related platforms:

1. Ethics and integrity in the public and private sectors: Reforms are required to
eliminate high level political (Grand) corruption and measures proposed include the
imposition of appropriate and adequate controls on the funding of political parties.

2. Economic and Fiscal Policies:- Reforms must be undertaken to maximize transparency

and certainly and also minimize administrative discretion. Thereby, rent-seeking would
be reduced and investors confidence enhanced.
3. Management of Services provided in the public interest: Measures proposed to
improve the management, efficiency and delivery of public services include the
establishment of a merit-based, professional and non-partisan public service; the
introduction of codes of conduct with appropriate sanction for breaches; open and
transparent processes for budget preparations, execution, control, monitoring, evaluation
auditing etc.

4. The Judicial and Legal Systems: An independent and competent judiciary which is
impartial, efficient and reliable requires objective criteria for selection, promotion,
removal, remuneration, security of tenure, accountability, independence etc.

5. Civil Society: Governments should regularly consult and collaborate with, and to listen
to civil society, who should be seen as an independent and creative partner in the
development of effective conditions to improve governance and combat corruption.

– The standards/basic rules of conduct require that professional members shall:

 Always maintain a high standard of conduct appropriate to the professional status.
 Discharge their duties to their clients, employers, colleagues and others with due care in
accordance with the rules of conduct.
 Fearlessly and impartially exercise their independence of professional judgment to the best
of their skill and understanding.

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