Starting a private counseling or psychology practice is a significant step in your professional journey. It offers autonomy, flexibility, and a deeper connection with clients. But before opening your doors, it’s essential to understand the legal and ethical framework that governs private practice in Kenya. The Counsellors and Psychologists Act (Cap. 253C) lays down clear rules for qualifications, registration, licensing, and professional conduct.

Here’s what you need to know.

---

1. Meet the Minimum Professional Qualifications

[Section 23]

Before you can be registered as a counselor or psychologist, you must meet specific academic and professional qualifications:

• Hold a diploma or degree in counseling or psychology from a recognized institution.
• Pass an examination prescribed by the Counsellors and Psychologists Board.
• Be a person of good moral character and fitness to practice.

These requirements ensure that only competent and ethical individuals enter the profession.

---

2. Get Registered by the Board

[Section 24]

Once qualified, the next step is to apply for registration with the Counsellors and Psychologists Board. You must:

• Submit your application in the prescribed form.
• Pay the registration fee.
• Be approved by the Board and issued a certificate of registration.

Once registered, your name will be added to the official Register of Counsellors and Psychologists, maintained by the Board [Section 25].

---

3. Obtain a Practising License

[Section 28–29]

Registration alone does not permit you to practice. You must also:

• Obtain an annual practicing license from the Board.
• Fulfill requirements for continuing education and supervision.

Licenses are valid from 1st January to 31st December each year and must be renewed before expiry. If your license lapses for a year or more, special conditions apply for renewal, including an affidavit explaining the lapse [Section 29(2)].

---

4. Understand Supervision Rules

[Section 46(b)]

If you hold only a diploma or are newly transitioning into private practice, you may be required to practice under the supervision of a registered counselor or psychologist for a specified period. This transitional provision helps ensure new practitioners gain experience while safeguarding the quality of care.

---

5. Set Up a Professional and Ethical Practice

To open a private practise you will be required to have the facilities registered by the board. To start you will need to go to ecitizen website and apply. The officials from the board will visit the premises and dependent on the size you will be required to pay a fee. However you can still practise in an institution or facility that has been registered such as Amani Counselling Centre and Training Institute or other such institution or a registered private facility that offers temporary use of their facilities to counselors. Churches are also accepted as informal facilities for counseling.

While the Act doesn’t list specific physical requirements for an office, your counseling space must reflect professional and ethical standards:

• Ensure privacy and confidentiality.
• Have a secure system for client records (physical or digital).
• Display your registration and license certificates visibly.
• Avoid misleading signage or any practice that may imply false qualifications, which is prohibited under Section 37.

---

6. Handle the Business Side Legally

Running a private counseling practice also involves complying with general business laws:

• Register with the Kenya Revenue Authority (KRA) for tax purposes.
• Obtain a Single Business Permit from your county government.
• If you are operating under a business name, register it with the Business Registration Service.

While these steps fall outside the Act, they are necessary to operate legally and professionally.

---

7. Maintain High Ethical Standards

[Section 33]

Professional misconduct can lead to suspension, cancellation of your license, or removal from the register. Offences include:

• Breach of client confidentiality.
• Gross negligence or incompetence.
• Taking advantage of a client’s trust or vulnerability.
• Allowing unlicensed individuals to operate under your name.

The Board has the authority to hold disciplinary proceedings and impose penalties [Section 34].

---

8. Consider Professional Indemnity Insurance

Although not mandated by the Act, having professional liability insurance is a wise choice. It protects you in case of legal claims arising from allegations of malpractice or negligence.

---

Conclusion

Opening a private counseling or psychology practice in Kenya is a rewarding move, but it comes with legal and ethical obligations. By meeting the requirements of the Counsellors and Psychologists Act, maintaining professional conduct, and ensuring your business complies with general legal standards, you can build a practice that is both compliant and compassionate.

Private practice is not just about offering services; it’s about creating a trustworthy and ethical space where healing can take place. As mental health professionals, we owe it to ourselves and our clients to uphold these standards.