Self-Regulation Under Scrutiny: Kenya's Top Professions Debate Public Oversight


By John Toris

A spirited debate on the delicate balance between professional self-regulation and public oversight took center stage on Tuesday evening, at the premiere of Season Two, Episode One of The Lift. The forum, organized by The Architects Alliance at the Crown Paints Showroom in Parklands, brought together leaders from Kenya’s accounting, legal, and engineering sectors.

While the theme focused on architecture, the conversation quickly expanded to other professions, revealing a complex landscape of statutory bodies, societies, and inherent conflicts of interest. The event featured expert panel discussions that examined how different professions structure their governance, handle discipline, and navigate the tension between advocating for their members and protecting the public interest.

Hillary Onami, Director of Public Policy and Research at the Institute of Certified Public Accountants of Kenya (ICPAK), outlined how the accounting profession operates under a legal framework established by an Act of Parliament. She explained that the profession considers itself self-regulating, with a council composed of elected members and representatives from public entities like the Capital Markets Authority. "The Act now enables us to set the piece for practice of accountancy," Onami stated, though she acknowledged challenges in implementing this aspect over the last three years. On the issue of disciplinary action, she noted that while a statutory committee handles complaints, the process can be slow. "We wish it were a bit quicker," she admitted, adding that "there are quite a number of matters that are of public interest that need to be handled judiciously," a process which requires giving all parties a fair hearing and can thus take time.

The discussion then turned to the legal profession, where Senior Counsel Charles Kanjama, President of the Law Society of Kenya (LSK), offered a starkly different model. Kanjama explained that the LSK uniquely combines the roles of regulator, professional association, and trade union into a single body. However, he highlighted a significant internal tension regarding discipline, which is handled by an independent Advocates Disciplinary Tribunal (ADT) whose members are elected by lawyers. "The balance between populisM and discipline it creates a potential, I would call it conflict, whereby you may not be as aggressive as you should, or as firm as you should," Kanjama said, describing the dilemma of disciplining the very colleagues whose votes are needed for election. "Once you come into office, there might be a bit more of a focus on ensuring or securing the welfare of those who voted for you, but sometimes it may be the welfare of the public that you also need to consider."

Providing the engineering perspective, Engineer Shama Kiteme, President of the Institution of Engineers of Kenya (IEK), delineated the distinct roles between his society and the statutory Engineers Board of Kenya (EBK). He described the EBK as the regulator established by the Engineers Act of 2011, which sets standards and conducts inquiries into misconduct. The IEK, registered under the Societies Act, focuses on member welfare and advocacy. While the two bodies are interlinked—with the IEK president serving as a board member of the EBK—Kiteme confirmed that this relationship can lead to friction, especially when the society’s advocacy clashes with the board’s regulatory role. He cited a recent example, noting, "on 27th August last year, we literally went to the streets for some issues… and the board took a position that it was unnecessary to go through that route." This, he suggested, highlighted the inherent tension between advocating for professional welfare and fulfilling a regulatory mandate.

The event served as a premiere for the new season of The Lift, a platform by The Architects Alliance designed to stimulate dialogue on critical issues shaping Kenya's construction and urban development landscape. The discussion underscored a shared concern across professions about the speed and effectiveness of disciplinary processes, and the fundamental challenge of ensuring that self-regulating bodies remain accountable to the public they are meant to serve.

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