THE MATERNAL, NEWBORN AND CHILD HEALTH BILL, 2023
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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.
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.
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.
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.
Bill No.
Bill No. 17 of 2023
Gazette No.
Supplement No. 63 of 5th May, 2023
Background
THE MATERNAL, NEWBORN AND CHILD HEALTH BILL, 2023 is designed to create a coordinated, structured system for delivering quality healthcare to mothers, newborns, and children across Kenya. The legislation aims to promote the progressive realization of health rights, establish measures to reduce maternal and child mortality, and support persons with special needs through tailored health and social programs.
Key Amendments
The Bill introduces vital updates to existing legislation:
- Penal Code (Cap. 63): Section 226 is amended to clarify that its provisions do not apply to a woman undergoing postpartum care under the Act.
- Social Assistance Act (Cap. 258A): Section 2 is amended to include 'care and welfare of children' under the definition of social assistance. Section 17 is also amended to recognize 'poor women caring for their children' as qualifying beneficiaries.
New Obligations
Cabinet Secretary for Health
- Develop national policies, strategies, and guidelines for specialized maternal, newborn, and child healthcare.
- Collaborate with counties to establish database and e-health platforms for maternal, newborn, and child health care services.
- Deliver detailed annual reports to Parliament investigating the causes of maternal and neonatal deaths.
County Executive Committee Members (CECMs)
- Coordinate the implementation of maternal, newborn, and child health care services in the county.
- Formulate county-specific strategies to reduce infant and maternal mortality, and accelerate infant immunization.
- Ensure sufficient county budget allocations are directed towards maternal, newborn, and child health services.
- Translate and disseminate health and civic education information into local languages to reach illiterate residents.
Healthcare Providers and Facilities
- Offer comprehensive newborn and postnatal follow-up services up to twelve years of age.
- Secure formal informed consent from a parent or guardian before administering care, except in circumstances involving child abuse, dangerous cultural practices, or parental mental incapacity.
- Maintain an official register of all maternal, newborn, and child cases handled within the facility.
Penalties
- Individual Healthcare Providers: Conviction for knowingly violating prescribed procedures, standards, or ethical guidelines carries a fine of up to KSh 500,000, imprisonment for up to two years, or both.
- Hospitals and Health Institutions: Institutions found in violation are subject to joint and several liability, carrying a maximum fine of KSh 1,000,000, imprisonment for up to two years, or both.
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