The document provides a summary of the Human Resource Management Professionals Act 2012 in Kenya. It establishes the Institute of Human Resource Management (IHRM) and the Human Resource Management Professionals Examinations Board to regulate HR practice standards. IHRM oversees registration of qualified HR professionals and ensures they meet competency standards. The Examinations Board sets certification exams in HR. Membership levels include Fellow, Member and Associate based on qualifications. Disciplinary measures include suspension or removal from the register for misconduct. Funds come from registration fees and other sources to support IHRM's operations.

1. A SUMMARY OF HUMAN RESOURCE MANAGEMENT PROFESSIONALSACT 2012
PREPARED BY: NDIRANGU DENNIS WAMBUGU
https://ke.linkedin.com/in/ndirangudenniswambugu
REVIEWED & EDITED BY:
1. STEPHEN AMADALO
2. RICHARD JELLICAN
October 2016

2. DISCLAIMER
THIS SUMMARY HAS BEEN PREPARED AND AVAILED FOR THE PURPOSE OF
FAMILIARIZING WITH THE HUMAN RESOURCE MANAGEMENT PROFESSIONALS
ACT 2012 AND DOES NOT IN ANY WAY SUBSTITUTE THE ACT. IT IS
RECOMMENDED THAT THE READER MAKES AN EFFORT TO READ THE
REGULATIONS ENACTED BY THE PARLIAMENT OF KENYA THROUGH GAZETTE
NOTICE NUMBER 216 OF 2012 [THE HUMAN RESOURCE MANAGEMENT PROFESSIONALS ACT,
2012] AND LEGAL NOTICE 86 OF 2015[THE HUMAN RESOURCE MANAGEMENT PROFESSIONALS
(REGISTRATION AND TRAINING) REGULATIONS, 2015.]

3. ACKNOWLEDGEMENT
I would like to extend my appreciation to Stephen Amadalo and Richard Jellican for their
valuable input and willingness to give part of their time to review and edit this document.

4. Introduction
The Human Resource Management Professionals Act herein referred to as the Act, serves to
establish the Institute of Human Resource Management and the Human Resource Management
Professionals Examinations Board that provide for the examination, registration and regulation
of the standards of the Human Resource practice. The composition and the administration of the
Institute and the Human Resource Management Professionals Board shall be discussed further in
the subsequent pages of this summarized Act.
The Institute of Human Resource Management (IHRM)
Section 3(2) of the Act the Institute of Human Resource Management is established to be a body
corporate therefore it possess all the aspects of a company registered in Kenya. Some of the
characteristics include;
a. Can sue and be sued.
b. Ability to purchase, acquire, hold and or dispose property.
c. Ability to borrow money
Being the body responsible for the successful implementation of the Act it has been given the
power to perform or act as necessary for the optimal performance of its functions under the
Act.
Functions of IHRM
The HRMP Act 2012 has mandated the Institute of Human Resource Management to perform the
following functions;
a. Establish, monitor and publish the standards of professional competence and practice
among the Human Resource Professionals.
b. Register the persons who meet the required professional and ethics standards as its
members.
c. Promote research in Human Resource and related matters within the country.
d. Publishing books, periodicals and journals on the HR field
e. Provide medium for communication, exchange of information, knowledge and ethical
standards for HR practitioners.
f. Network with regional and international bodies to promote and develop a progressive
high standard HR practices.
g. hold examinations and prescribe tests of competency deemed appropriate to qualify for
membership and certification by the Institute;
h. advise the Examinations Board on matters relating to examination standards and policies;
i. Advising the registration committee on matters relating to the registration of new
members.
j. regulate the practice, competence and professional conduct of human resource
professionals;
k. Promote and protect the welfare and interests of human resource professionals.
l. Promote inter-professional collaboration with other professional bodies such as ICPSK,
ICPAK and LSK

5. m. Carry out any other functions prescribed for it under the HRMP Act 2012 or under any
written law.
Management of the IHRM
The management of the IHRM is vested in a council which consists of:
a. A chairperson who shall be qualified Human Resource Professional with at least five
years’ experience in HRM, elected by the members of the Institute.
b. Principal Secretary of ministry being responsible for public service or a person appointed
in writing by the principal secretary.
c. Principal Secretary of the ministry being responsible for labor and Human Resource
Development or representative appointed by the principal secretary.
d. Six other members who possess the knowledge and experience in HRM elected by HRM
professionals registered as members of the institute.
e. Executive Director ( a person appointed as the executive director of the institute under
section 8 of the Act)
“There shall be an executive director who shall be competitively appointed by the council whose
terms and conditions of service shall be determined by the council in the instrument of
appointment or otherwise in writing from time to time”
The following are some of the requirements for one to be appointed as an executive director of
the IHRM;
a. Registered Human Resource Professional.
b. Has at least five years proven experience in Human Resource Management.
c. Meets the requirements of chapter six of the constitution
Responsibilities of the executive director of IHRM
a. Secretary to the council.
b. Implementing the Act.
c. Responsible for the day to day management of the affairs of the institute.
Roles and Powers of the Council
a. Appointing the executive director
b. Appointing officers, agents and other staff that are necessary for the proper and efficient
discharge of the functions of the institute and the council as per the Act.
c. On advice of the Executive Director, engage on behalf of the Institute the services of
experts and consultants in respect of any of the functions of the institute in connection in
which they are considered to have special competence.
d. The council may by resolution either generally or in particular case delegate to any
committee or any agent of the council the power to perform the functions of the council
as per the Act or any other written law.
e. Appointing the members of the disciplinary committee.

6. Membership and Qualifications
The Human Resource Management Act, 2012 and Human Resource Management
Professionals(Registration and Training) Regulations, 2015 have established various
membership categories as below;
Membership category Qualifications
1. Fellow member of IHRM A member of IHRM, has practiced HRM for
fifteen (15) years or more and has rendered
outstanding contribution to the HR profession
2. Member of IHRM a) Bachelor’s degree/master’s degree in any
discipline from a recognized university and
a higher diploma in HRM or its equivalent
from a recognized university and minimum
of 5years work experience in HRM.
b) Bachelor’s degree/ master’s degree in
Human Resource Management with a
minimum of 5 years work experience in
HRM.
c) Master’s degree in HRM with a minimum
of three years of teaching or research in the
field of HR.
d) PhD in Human Resource Management with
a minimum of 3 years’ experience in
teaching or research experience in HR.
e) Bachelor’s degree in any discipline and is
a Certified Secretary [CS(K)] with a
minimum of 5 years work experience in
HR
3. Associate member a) Bachelor’s degree or a master’s degree in
Human Resource Management.
b) Higher diploma in HR or its equivalent
from an accredited institution.
c) Diploma in HR from an accredited
institution.
d) Diploma in any discipline and a certificate
in Human Resource or its equivalent from
an accredited institution of higher learning.
 The following qualification criteria for eligibility to join IHRM as a full member came to an
end on 31st
December 2015;
1. Bachelor’s degree or master’s degree in any discipline, a certificate in any of the
competencies of Human Resource Management with a minimum of 10 years’ work
experience in HRM.

7. 2. Higher diploma in Human Resource Management or its equivalent with a minimum
experience of 10 years work experience in human Resource.
 Honorary fellow-The individual has made outstanding contribution in the field of Human
Resource Management or to the IHRM (honorary fellow is not a member of IHRM). Becoming
an honorary fellow is subject to invitation by the council.
Membership registration committee
This is the committee that is responsible for receiving applications and granting practicing
certificates in accordance with the human Resource management professionals Act 2012. The
committee comprises of:
a. Chairperson appointed by the council from amongst the members of the council.
b. One person appointed by the Federation of Kenyan Employers (FKE).
c. One person nominated by the Examinations Board.
d. One person nominated by Kenya National Examination Council (KNEC).
e. Attorney general or a person appointed as representative by him/her in writing.
The following are some of the functions of the registration committee:
a. Monitoring compliance with professional quality assurance and other standards that may
be published by the council from time to time.
b. Prescribe regulations to govern the quality assurance programs including actions
necessary to correct the deviations.
c. Advise the council on matters pertaining to professional standards necessary for
attainment of quality assurance.
d. Recommend to the council that a member’s conduct be referred for enquiry.
Disqualification from registration
An individual may be disqualified from being registered as a member of the Institute if the
individual;
a. Is convicted by court of competent jurisdiction in Kenya or elsewhere of an offence
involving fraud/dishonesty.
b. Is undischarged bankrupt.
c. Is found by the council to be guilty of professional misconduct in accordance with the
Human Resource Management Professionals Act 2012
d. Has not met the requirements of chapter six of the constitution.
Removal of names from members register
The registration committee has been given the power to remove the name of a person from the
register if the person;
a. Convicted of an offense under the Human Resource Management Professionals Act 2012
b. Has failed to renew the membership.
c. Is of unsound mind.
d. Is declared bankrupt.

8. e. Has been found guilty and the registration suspended or revoked through disciplinary
proceedings.
f. Requests that the name be removed from the register.
g. The member is deceased.
h. The entry was incorrectly or fraudulently made.
 The secretary to the registration committee shall ensure that the name and address of every
person whose name is removed from the register is published in the Kenya gazette within one
month from the date of removal.
Practicing certificate
The Human Resource Management Professionals Act 2012 forbids any individual from
undertaking Human Resource Management activities in Kenya without a valid practicing
certificate issued by the Registration Committee. To qualify for the practicing certificate the
individual is required to;
a. Be a member of the institute
b. Have paid the required fee.
c. The member has fulfilled any other requirements as may be prescribed.
The practice certificate maybe revoked if its owner:
a. Is removed from the register.
b. Has been suspended under section (34) of the Human Resource Management
Professionals Act 2012.
If due to the above circumstances the certificate ceases to be in force the holder is required by the
act to deliver it to the council within thirty days from the date it ceased to be in force.
Disciplinary provisions by the Act
The Act has clearly illustrated the occasion in which a human Resource Professional registered
as a member of the Institute of Human Resource Management may be cited for professional
misconduct in addition to that it has provided for the establishment of a disciplinary committee.
Professional misconduct
Professional misconduct arises if the Human Resource Professional:
a. deliberately fails to follow the laid down Human Resource procedures of his employer or
client save those which are in violation of law;
b. Refuses, fails or neglects to follow the given Human Resource principles in the course of
practicing his professional functions.
c. Engages in any corrupt practices.
d. Is guilty of neglecting any of his professional duties.
e. Engages himself in any negative practices such as nepotism, tribalism, racism or
discrimination during his professional duties.
f. Discloses any acquired information to anybody during his working period without the
knowledge of his employer or clients.

9. g. Uses his position to obtain favors of a sexual kind or other benefits he/she is not entitled
to in the discharge of his/her professional functions.
h. Engages in activities which are in conflict with those of his employer or client.
i. Is found guilty of fraud or dishonest act.
Disciplinary committee
The committee that is mandated to handle the disciplinary issues of Human Resource
Professionals known as disciplinary committee consist of five members appointed by the
council from amongst the members of the council.
Where on recommendation of the disciplinary committee, the council may:
a. Issue the person with letter of admonishment.
b. Suspend the registration of the person for a period not exceeding 12 months.
c. Withdraw or cancel the practicing certificate of the professional for a period not
exceeding 5 years.
d. Impose a fine which the council deems appropriate in the circumstance.
e. Remove the name of the person from the register.
It’s the role of the council to inform the person of the action taken against him or her. If the
council has either suspended the practicing certificate or removed the person’s name from the
register, the person affected shall surrender the practicing certificate and registration certificate
to the council failure to do so the person is deemed to have committed a professional misconduct
and is liable to a fine.
Where a member feels aggrieved by the decision of the council he/she may appeal to the High
Court within sixty (60) days from the date of the decision. If a members practicing certificate has
been suspended he/she may appeal to the council to lift the suspension before the expiry of the
suspension period, where the council is satisfied that the suspension should be lifted the
member’s practicing certificate shall be reinstated after the member pays the prescribed fee.
Examinations board
The examination board is a body corporate with perpetual succession and a common seal and in
its corporate name be capable of:
a. Suing and being sued.
b. Purchasing, acquiring, holding and disposing of property in its possession.
c. Borrowing money.
The board consists of:
a. Four people who shall be qualified Human Resource Professionals nominated by the
council one of whom shall be appointed by the council as the chairperson of the board.
b. Two people nominated by the cabinet secretary of education one of whom shall be from
Kenya institute of education (KIE) and the other from Kenya National Examination
Council (KNEC).

10. c. Director of Personnel Management or a person nominated by him or her to act as
representative in writing
d. One person nominated by the Commission for Higher Education (CHE)
e. One person nominated by the Attorney General.
The functions of the Examination Board shall be;
a. Prescribe and regulate the syllabuses of Human Resource Management Professionals
examinations.
b. Prepare and conduct examinations for persons seeking registration under the Act.
c. Make rules in respect to the examinations.
d. Promote the recognition of its examinations both locally and internationally.
e. Issue professional qualifying certificates to the candidates who have satisfied
examination requirements.
f. Investigate and determine the disciplinary cases of students registered under the
examinations board.
Funds of the council
The act has provided for the possible sources of money that can be used to cater for the councils
day to day activities some of the sources include:
a. Money paid to the council pursuant to the Human Resource Management Professionals
Act.
b. Proceeds of any investment by the Council.
c. Donations, gifts or endowments from lawful organizations or sources.
d. Grants.
The act also regulates the financial conduct of the organization through;
 Regulating when the financial year ends
 Establishing the deadline for preparation of financial estimates for a particular year.
 Establishing a procedure for approval of the annual estimates.
 Providing for the audit of accounts.
References:
Human Resource Management Professionals Act 2012
Human Resource Management Professionals (Registration and Training) Regulations 2015