DISCIPLINARY

a. Disciplinary powers of the Committee
i. The Disciplinary Committee may order the removal from the register, suspension of registration or revocation of the practicing license of a practitioner or the imposition of a fine on a practitioner as may be prescribed by the Council if that practitioner
• Has been convicted of an offence punishable by imprisonment, the commission of which in the opinion of the Institute has dishonored him in the public estimation;
• Has been guilty of negligence or malpractice in respect of his profession; or
• Has been guilty of impropriety or misconduct, whether in respect of his profession or not.
ii. Upon an inquiry held by the committee, the person whose conduct is being inquired into shall be afforded an opportunity of being heard either in person or through an advocate.
iii. For the purposes of proceedings at any inquiry held by the disciplinary committee, the committee may administer oaths, and may subject to any regulation made under this Act, enforce attendance of persons as witnesses and the production of books and documents.
iv. Any person whose name has been removed from the register or whose licence has been suspended shall forthwith surrender to the Institute his certificate of registration or licence, and any person who fails to do so commits an offence.
v. Any person aggrieved by the decision of the committee within 14 days from the date of the decision, appeal to the High Court.

b. Offences by persons not eligible to be registered or licensed
  i. Any person who, not being eligible to be registered persons or licensed under this Act, uses any title appropriate to a person so registered or licensed, or holds himself out directly or indirectly as being so registered or licensed, commits an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding two years, or to both.
  ii. Any person who, not being eligible to be registered or licensed under the Act, practices for gain as a nutritionist or dietician, commits an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding two years, or to both.

c. Offences by person eligible to be registered or licensed
Any person who, though eligible to be registered or licensed under this Act, is not so registered or licensed but practices as a nutritionist or dietician commits an offence and is liable on conviction to a fine of not less than one hundred thousand shillings or to imprisonment for a term of not less than two years, or to both.

d. Offences by persons conducting training courses or examinations without authority
Any person, being in-charge of a training institution which is not approved by the Institute as an institution for the training of persons seeking registration under this Act, who—
    i. Admits to the Institution under his charge any person for the purpose of training in nutrition and dietetics;
    ii. Purports to be conducting courses of training or examination under this Act or regulations made there under;
    iii. Issues any document, statement, certificate or seal implying that the holder thereof has undergone a course of instruction or has passed an examination prescribed by the Institute; and
    iv. Issues any document, statement or seal implying that the Institution under his charge is approved by the Institute as an institution for training of persons seeking registration under this Act, commits an offence and is liable on conviction to a fine of not less than five hundred thousand shillings or to imprisonment for a term of not less than three years, or to both.

e. Examination offences
Any person who—
  i. Gains access to examination materials and knowingly reveals the contents, whether orally, in writing or through any other form, to an unauthorized party, whether a candidate or not;
  ii. Willfully and maliciously damages examination materials; or
  iii. Not being registered to take a particular Board examination, but with intent to impersonate, presents or attempts to present himself to take the part of an enrolled candidate;
  iv. Presents a forged certificate to a prospective employer or to an institution of learning with intent to gain employment or admission; whether being a candidate or not;
  v. Introduces unauthorized materials in the examinations room whether in writing or in any other form, commits an offence and shall be liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding one hundred thousand shillings or to both such imprisonment and fine.
  vi. Commits an offence and shall be liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding one hundred thousand Kenya shillings or to both such imprisonment and fine

f. Employment of unregistered staff
Any person who employs another person as a nutritionist or dietician while that other person is not registered or licensed under this Act, commits an offence and is liable on conviction to a fine of not less than five hundred thousand shillings or to imprisonment for a term of not less than three years, or to both.

g. Falsification of registers or records
Any person who willfully makes or causes to be made any false entry in, or falsification of, any register or record kept under this Act, or who presents or attempts to present himself or any other person to be registered or licensed under this Act by making or producing or causing to be made or produced a false or fraudulent representation or declaration, either orally or in writing, commits an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding two years, or to both.

Note
All registered Nutritionists and Dieticians professionals MUST sign a copy of KNDI Code of Ethics and Conduct document.