ISK PROFESSIONAL PRACTICE AND ETHICS

RULES

AUGUST 2019

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 PART I – PRELIMINARY
1. These Rules may be cited as the ISK Professional Practice and Ethics Rules, 2019.
They are developed for effecting provisions of ISK Constitution as per Article 17, 20
and Rule 9 and lays down specific procedures to be followed when processing
complaints lodged by members of the public and an ISK Member against another ISK
member.

2. In these Rules—

“ the ISK” means the Institution of Surveyors of Kenya

“ the Chairperson” means person dully elected in the position as per Article 17(c)
as read with Article 23(a)
“the Committee” means the Professional Practice and Ethics Committee as per
Article 17(a) (ii) of ISK
Constitution;

“the Committee members” means as provided under Article 23(b)

“the Council” means the Council of the Institution of Surveyors of Kenya as per
Article 16;
“the CEO” means the secretary of the Committee as per Article 17(b).

“the Member” means as provided under Article 6.

“the Register” means a record of members maintained by ISK

“the Constitution and by-laws” means the ISK Constitution 2010 as amended
from time to time

PART II – APPLICATION BY A MEMBER FOR NAME TO BE

REMOVED FROM THE REGISTER
1. An application to the Council by a Member under Article 20 of the ISK Constitution
to procure resignation and have his/her name removed from the Register shall be
made by way of writing to the Chairman through the Secretariat.

2. Such letter shall be sent to the Secretary

3. Committee upon receipt of the letter may allow the application out rightly or seek a
session with the member to understand further the reason for seeking the removal
from the register of members. E

PART III – COMPLAINTS AGAINST A MEMBER OF ISK

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1. A complaint to the committee concerning a Member shall be
weighed based on the evidence adduced.
2. Where the complaint in 1 is determined to be criminal in nature,
the committee shall advice the complainant to forward the
complaint to the relevant authorities for investigation and action.
3. Where the complaint in 1 is determined to be professional
misconduct, the committee shall proceed to handle the issue as
per the ISK rules and regulations.

PART IV - PROCESS OF REPORTING A COMPLAINT

1. Any Member who breaches the rules of conduct and By-laws or

the Constitution of the ISK as set out at Rule 9 of the ISK
constitution shall be reported to the Professional Practice and
Ethics Committee in writing.
2. All complaints shall be channelled to the Secretary through the
Complaint Form PPE 1 and attach all relevant evidence.
3. Complaints to the Secretary shall be sent via post to the ISK
postal address, physically delivered or via email through
complaints@isk.or.ke
5. The CEO will document complaints raised in the media on ISK
Members and present
them to the Professional Practice and Ethics Committee for
deliberations.

PART V - REGISTER AND FILING OF COMPLAINTS

1. The CEO shall maintain a register of complaints;

2. The register shall contain details on: date of complaint; name of complainant;
person being accused; nature of accusation, action taken and progress on the
matter.

3. The CEO will open a file for each of the complaint received where all relevant
records shall be filed.

PART VI - NOTIFICATION OF COMPLAINT TO THE AFFECTED MEMBER

1. Upon receipt of a complaint, the Secretary shall evaluate its nature and seek
guidance from the Chairperson, Professional Practice & Ethics Committee.

2. If it is established that the matter is not of professional misconduct and therefore

beyond the Committee’s mandate, the complainant will be advised accordingly.

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3. If it is established that the matter falls within the confines of professional
misconduct, the CEO will within 7 working days of receiving the complaint write to
the affected member with the specific details and request for a response on the
same within 14 working days.

PART VII - NOTIFICATION OF HEARING OF THE COMPLAINT TO THE COMPLAINANT

AND THEHEARING

1. Upon receipt of a response by the affected member, the CEO will study the same
with a view to advising or where
in doubt seek way forward on the matter.
2. Where it is outright that the matter has nothing to do with professional mis-
conduct, the complainant will be advised accordingly.
3. Any party may inspect and take copies of the documents included in the list
furnished by any other party.

PART VIII - CONFLICT OF INTEREST

4. Upon a complaint being brought before the attention of the committee, any
member of the committee who has an interest on the matter shall declare their
interest and be excused from the deliberations.

PART IX - THE HEARING

1. Where the matter is misconduct from the offered response, the committee can
make a decision but where need arises for further inquiry, the affected party will be
summoned by the committee and at least 7 days prior to the hearing, supply a list
of all document she/he will rely on during hearing if they will are different from
those supplied earlier with response.

2. The Committee shall consider the allegation, which consideration shall take into
account the member’s defence of himself or herself, and determine whether or not
the allegation has been proved.

3. The Committee, after due consideration, shall make recommendations to the

Council on the appropriate action to be taken against the relevant member which
may include the following:
(i) Reprimand;
(ii) Warning;
(iii) Suspension from membership;
(iv) Expulsion from membership; or
(v) Such other penalty as the Committee may consider appropriate and just.
4. The Council shall take any action it deems fit in respect of the breach, provided that
it shall report to the next meeting of the General Assembly on the disciplinary action
taken, and provided further that the Council shall not have power to expel a
member but only to recommend such expulsion to the General Assembly.

5. Any member who feels aggrieved by the decision of the Council shall have a right to
appeal to the General Assembly.

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 PART X — MISCELLANEOUS PROVISIONS
1. If any party fails to appear at the hearing, the Committee may, in its discretion and
upon proof of service on such party of the notice of hearing, hear and determine
the complaint or application in his/her absence.

2. The Committee may on its own motion, or upon the application of any party,
adjourn the hearing upon such terms as to costs or otherwise as it deems fit.

3. Upon the hearing or determination of any complaint, the Committee may, in the
case of a complaint against a member, without finding any professional misconduct
proved against the member, order any party to pay the costs of proceedings having
regard to all the circumstances of the complaint.

4. The Committee may, where two or more complaints are filed against one member
in its discretion and after giving the parties concerned an opportunity to be heard,
order the consolidation of the hearing of any proceedings before it.