The Harm Reduction Bill, 2025
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Needle Exchanges and Therapy Guaranteed by Law
Under Section 9, persons with substance use disorders are legally entitled to specific harm reduction services at public hospitals, which include:
- Needle and syringe commodity distribution programmes
- Medically assisted therapy
- HIV-related healthcare and Sexually Transmitted Infections treatment
- Professional counselling and crisis management support
New Health Directorate and National Register
Section 5 of the Bill requires the Cabinet Secretary for Health to establish a specialized Directorate under the Ministry of Health to coordinate national harm reduction services. The Cabinet Secretary must also maintain a national register tracking the age, sex, diagnosed disorders, and mortality rates of persons with substance use disorders.
County Governments to Construct Half-Way Houses
Under Section 6, County Executive Committee (CEC) members responsible for health must implement the national policy at the local level. They are specifically mandated to allocate adequate county funds and establish half-way houses to provide care, treatment, and rehabilitation for patients.
Severe Financial and Custodial Penalties
The Bill sets out strict punitive measures for non-compliance under Sections 11 and 12:
- Healthcare providers who unduly refuse service or withhold information face a fine of up to KSh 200,000, up to 2 years' imprisonment, or both.
- Natural persons who violate other provisions of the Act face a minimum fine of KSh 1 million, a minimum prison term of 1 year, or both.
- Bodies corporate violating the Act face a minimum fine of KSh 2 million.
Bill No.
No. 37 of 2025
Gazette No.
Supplement No. 128 of 2025
Sponsor
Esther M. Passaris
Background
The Harm Reduction Bill, 2025 is a legislative proposal introduced in the National Assembly of Kenya to address substance use disorders through a coordinated public health lens. The bill aims to provide a structured legal framework for the provision, administration, and coordination of harm reduction services. The primary goal is to minimize drug-related deaths, overdoses, and the transmission of infectious diseases such as HIV and STIs among substance users by ensuring access to safe healthcare, counselling, and rehabilitation options.
Key Provisions
The bill divides responsibilities between the national and county governments while securing specific rights for individuals suffering from substance use disorders:
- National Government Role: Mandates the Cabinet Secretary (CS) for Health to develop a comprehensive national strategy and establish a specialized Directorate under the Ministry of Health to coordinate harm reduction services. The CS is also required to maintain a detailed register of individuals with substance use disorders to track trends and mortality rates.
- County Government Role: Instructs County Executive Committee (CEC) members to set up local harm reduction services, secure adequate funding, and establish half-way houses for the care, rehabilitation, and reintegration of affected individuals.
- Service Entitlements: Guarantees individuals with substance use disorders access to key harm reduction utilities, specifically outlining services such as needle and syringe distribution programmes, medically assisted therapy, HIV and STI healthcare, and crisis management support. It explicitly outlaws the denial of treatment or discriminatory practices against persons seeking these services.
New Obligations
The legislation places new duties on both administrative bodies and healthcare personnel:
- Ministry of Health: Must draft and deploy a policy for delivering harm reduction services in public hospitals within six months of the Act's enactment.
- Healthcare Providers: Must grant eligible patients access to harm reduction programmes, provide necessary information and treatment, and refrain from obstructing law enforcement personnel during their duties.
- Eligibility Verification: Healthcare facilities may utilize referral letters from licensed health providers, clinic cards, or other prescribed documentation to verify a patient's enrollment in harm reduction services.
Penalties
The bill enforces compliance by introducing serious criminal penalties:
- Service Obstruction by Health Providers: Any healthcare provider who unduly refuses a patient access to services or intentionally withholds treatment information commits an offence, carrying a fine of up to KSh 200,000, imprisonment for up to two years, or both.
- General Non-Compliance (Individuals): Any natural person who contravenes the provisions of the Act for which no specific penalty is defined faces a minimum fine of KSh 1 million, a prison term of at least one year, or both.
- General Non-Compliance (Corporates): A body corporate found violating the provisions of the Act faces a minimum fine of KSh 2 million.
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