07/05/2018
AMENDMENT TO THE COUNSELORS AND PSYCHOLOGISTS ACT 2014
A SAD DAY FOR THE PROFESSION
The Ministry of Health has published the Health Laws (Amendment) Bill 2018 which seeks to amend various laws that are to be implemented by the Ministry. Attached herewith is a copy of the Bill.
One of the laws to be amended is the Counselors and Psychologists Act 2014. See pages 93 to 95 of the Bill.
The major amendments propose:-
1. To do away with an Umbrella Society (similar to the Law Society of Kenya in which all Counselors and Psychologists were to be members) that was meant to regulate the activities of the profession so that the Profession can always speak with one voice and end the unnecessary perennial fights amongst the existing Associations.
2. To change the qualificationsfor Counselors and Psychologistssuch that for anyone to registered as a qualified Counselor or Psychologist in Kenya one must have a Masters Degree.
3. For one to be a chairperson of the Counselors and Psychologists Board, one has to have a (Doctorate) PhD in a relevant field. This field is not specified and this clause may be abused and any person appointed who is neither a Counselor nor a Psychologist with the requisite qualifications in the Profession.
4. The appointment of the Principal Secretary in the Ministry of Health has been removed and changed to be a person in the public sector with knowledge and expertise in health - which knowledge and expertise is not specified. This takes away the inclusion of a member in the Board from the Public Sector who is a Counselor or Psychologist.
If these amendments are carried out, it would mean the Board comprising 9 members will only have one Counselor and one Psychologist. This goes against the composition of all the other Government Boards even within the Ministry of Health. For instance, in the Medical Practitioners and Dentists Board, the majority of the Board Members are Doctors and Dentists. At the Judicial Service Commission, majority of the members are judges, magistrates and lawyers (– in fact only two members are not from that Law profession)
If these amendments are effected there will be a great danger and this may spell the death of the profession at the Tertiary Institutions as well as at the Universities as the profession may not attract students who graduate and cannot be absorbed in the Job Market even with a degree.
The persons who currently hold Diplomas and Bachelors’ degrees will also be driven out of their current jobs as they will not be qualified. When there is a minimum qualification threshold, any employer will look at that.
Those currently at the University or those who have graduated cannot be registered as Counselors or Psychologists, hence they cannot be employed.
Further the Universities will be required to have a six (or more) years’ program for the profession of Counseling or Psychology (to get to Masters Level after Secondary School) as no student may want to have a useless undergraduate degree. This will mean students shunning the profession.
This also goes absolutely against the current Government set-up and policies that has created a distinct structure within the Ministry of Education that caters for Tertiary Colleges with the Government creating the Technical and Vocational Education and Training Authority (TVETA) under the Technical and Vocational Education and Training ACT (TVET) Act 2013 No. 29 of 2013. Complete with its own Principal Secretary and Curriculum Developer being the Curriculum Development Accreditation and Certification Council (CDACC) which is currently developing curriculums in Diplomas and Certificates. These amendments do not seem to take into consideration these policies and most likely the Ministry did not consult the Ministry of Education, TVETA among other Government organs.
One wonders why this profession is being subjected to such (unreasonably) high standards which even the other Professionals in the Ministry of Health are not subjected to. By the way how come one can practice Medicine and Pharmacy and other Health occupations with an undergraduate Degree but not Counseling or Psychology? In the same Bill you will realize other Professionals within the Health Docket are recognized even when they have Certificates, leave alone a Diploma or a Degree.
We know and indeed appreciate the selfless services rendered in this profession by the holders of Diplomas and Undergraduate Degrees being the majority of the professionals who are always at hand to volunteer in the wake of Disasters, they sacrifice to work in far flung areas, slums, refugee camps, schools and serve the underprivileged in capacities that other persons with higher qualifications will not dare venture. These are the persons being sacrificed. Quite a pity!
When these amendments were mooted, I wrote to you and indeed we forwarded a petition to the Ministry of Health opposing the same, citing the fact that our Association was not involved, no public participation was held and you members of the profession were not consulted being the major stakeholders in the profession. The Ministry has failed to heed our pleas.
We can only read malice and total ill-will from the persons proposing these amendments – the same persons who have always been speaking ill of the profession and who have never wanted the profession to be recognized or for the profession to speak with one voice and for them to continue exploiting vulnerable members of the Society.
We appeal to all our Members and members of this Profession to mobilize all the resources and personnel available including lobbying the Government, the Cabinet Secretary for the Ministry of Health, the Principal Secretary, Parliament (both Senate and National Assembly; the MPs and Senators) and any other available avenue(s) against these amendments as a whole and urge the Ministry to implement the ACT as it is.
I would in particular appeal to the Hon. Wafula Wamunyinyi, MP for Kanduyi Constituency, who sponsored the Act in Parliament to rally for the rejection of these amendments which seek to water down his noble efforts in this profession.
I sincerely hope I am not the lone voice in this matter.
Other suggestions are welcome.
Kind Regards,
Chairperson KCPA
AGIP House, 4th Floor, Room 422
Opposite Times Tower
Tel 0722-715 424