THE MATERNAL, NEWBORN AND CHILD HEALTH BILL, 2023

5 May 2023 domainSenate Bill No. 17 of 2023 Gazette: Supplement No. 63 of 5th May, 2023
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Executive

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Final

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1

Penalties of up to KSh 1 Million for Violating Standards

Any healthcare facility or individual provider offering maternal, newborn, and child health services must strictly adhere to prescribed procedures and ethical guidelines.

  • Individual providers who knowingly contravene these standards face a fine of up to KSh 500,000, imprisonment up to two years, or both.
  • Hospitals or institutions face joint and several liability, with fines of up to KSh 1,000,000, a term of imprisonment up to two years, or both.
2

Informed Consent Rules for Children's Treatment

Healthcare providers must obtain the voluntary, informed consent of a parent or guardian before administering treatment to a child under twelve years. This consent is waived only under specific documented conditions:

  • A documented report of child abuse by the parent or guardian.
  • Religious or cultural practices by the guardian that risk the child's health.
  • Cases where the parent or guardian is diagnosed with mental incapacity.
3

Legal Protections and Social Support Adjustments

The Bill amends two key statutes to offer better protection and integration:

  • The Penal Code (Cap. 63): Section 226 is amended to exempt women undergoing postpartum care under this Act from certain penal liabilities.
  • The Social Assistance Act (Cap. 258A): Amended to include child welfare and 'poor women caring for their children' in the definitions of social assistance eligibility.
4

Mandatory Annual Reporting on Mortality Rates

To maintain oversight, the Bill introduces strict reporting timelines:

  • The Cabinet Secretary for Health must submit an annual report to Parliament within three months of the end of each financial year detailing maternal and neonatal deaths, root causes, and recommended interventions.
  • County Executive Committee Members (CECMs) must similarly report to their respective County Assemblies and the Cabinet Secretary within three months of the close of each financial year.

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