The Maternal, Newborn and Child Health Bill, 2023
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Guaranteed Health Rights and Free Prenatal Care
The Bill defines the right to the highest attainable standard of maternal, newborn, and child health services (Section 5), which includes:
- Free Prenatal Care: Access to early pregnancy detection, free prenatal care, and postpartum care (Section 7).
- Preconception Care: Access to family planning, preconception care, and counselling for non-pregnant women (Section 6).
- Vulnerable Groups: Specialized, dignified, and adolescent-friendly health services for pregnant adolescents and women with disabilities (Section 9).
Child Survival Services Up to Twelve Years
Healthcare providers must deliver comprehensive care to children from birth up to twelve years of age (Section 8), including:
- Newborn and Post-natal Care: Comprehensive newborn care and post-natal follow-ups.
- Immunizations: Routine vaccinations in accordance with prescribed standards and guidelines.
- Growth and Development: Developmental and nutritional monitoring, and support for children with chronic illnesses or disabilities, subject to parental or guardian consent.
Mandatory County Funding and Cooperation
County governments are assigned critical roles in implementation and funding (Part IV):
- Budget Allocation: Each county government must allocate sufficient funds in its annual budget for maternal, newborn, and child health services (Section 18).
- County Execution: County Executive Committee (CEC) members must coordinate local implementation, train skilled birth attendants, and establish county e-health platforms (Section 14).
- Legislative Reporting: CEC members must submit an annual status report on county health services to the County Assembly within three months of the close of each financial year (Section 19).
Fines Up to KSh 1 Million for Non-Compliance
The Bill establishes penalties for failing to adhere to prescribed procedures, standards, or codes of ethics (Section 24):
- Individual Penalties: Any person knowingly violating health service standards faces a fine of up to KSh 500,000, imprisonment for up to two years, or both.
- Institutional Penalties: Hospitals, institutions, or health facilities in violation face a fine of up to KSh 1 million, with governing body members held jointly and severally liable.
Bill No.
Senate Bills No. 17
Gazette No.
Supplement No. 63
Sponsor
Beatrice Ogola
Background
The Maternal, Newborn and Child Health Bill, 2023 is proposed to establish a coordinated system for providing quality health services to mothers, newborns, and children in Kenya. Recognizing that maternal and child well-being determines the health of future generations, the Bill aims to reduce morbidity and mortality rates by ensuring access to essential healthcare, setting standards of care, and defining clear responsibilities for both the National and County governments.
Key Provisions
- Right to Health Services (Section 5): Every person has the right to the highest attainable standard of maternal, newborn, and child health services, including timely care, dignity, and emergency treatment.
- Services for Non-Pregnant Women (Section 6): Access to family planning services, preconception care, counselling, and referrals to adoption agencies.
- Services for Pregnant Women (Section 7): Mandatory access to early pregnancy detection, free prenatal care, intrapartum care, postpartum care, and breastfeeding support training.
- Services for Neonates and Children (Section 8): Mandates health services for children from birth to age twelve, including vaccinations, child nutrition monitoring, developmental assessments, and support for chronic illnesses.
- Services for Women with Special Needs (Section 9): Requires responsive maternal health services, adolescent-friendly clinics for pregnant adolescents, and disability-friendly services.
New Obligations
National Government Obligations
- The Cabinet Secretary for Health must develop national policies, standards, and guidelines for maternal, newborn, and child healthcare (Section 12).
- The Cabinet Secretary must submit an annual status report to Parliament within three months of the end of each financial year (Section 13).
- In collaboration with the Kenya National Bureau of Statistics, the Cabinet Secretary must conduct periodic inquiries into maternal, neonatal, and child deaths, and perform annual monitoring and evaluations (Section 21).
County Government Obligations
- County Executive Committee (CEC) members must implement policies, train skilled birth attendants, and set up county e-health platforms (Section 14).
- County governments must allocate sufficient funds in their annual budgets specifically for these services (Section 18).
- CEC members must submit annual status reports to their County Assemblies within three months of the close of each financial year (Section 19).
- Every hospital and approved health facility must maintain a register for maternal, newborn, and childcare cases in a prescribed form (Section 23).
Penalties
- Individuals (Section 24(2)): Any person offering maternal, newborn, and child health services who knowingly contravenes the prescribed procedures, standards, or codes of ethics commits an offence. Upon conviction, they face a fine not exceeding KSh 500,000, imprisonment for a term not exceeding two years, or both.
- Institutions (Section 24(3)): Any hospital, institution, or health facility that knowingly violates these standards commits an offence. Governing body members are jointly and severally liable, facing a fine not exceeding KSh 1 million, imprisonment for up to two years, or both.
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