The Primary Health Care Bill, 2023
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Sub-County Primary Health Care Networks Created
Section 17 mandates county executive committee members for health to establish sub-county Primary Health Care Networks. These networks utilize a hub-and-spoke model, where a level four facility acts as the 'hub' and level two and three facilities, along with community health units, serve as 'spokes'. Under Section 17(5), every person must be registered as a member of a primary health care network.
Formal Roles and Recruitment of Community Health Promoters
Sections 9 and 10 outline the qualifications and duties of community health promoters. Candidates must be Kenyan citizens over 18, literate, and residents of their community for at least five consecutive years. Selected through public participation, promoters are tasked with maintaining household records, performing disease surveillance, rendering first aid, and advising on nutrition, hygiene, and maternal care.
County Mandate to Remunerate Promoters and Track Registers
Section 15 requires county governments to allocate adequate funds to remunerate community health promoters, including the payment of stipends. County governments must also provide promoters with training, kits, and reporting tools. Under Section 11, county directors of health are required to maintain a formal register of all active community health promoters.
Establishment of National and County Advisory Bodies
Section 14 establishes the national Primary Health Care Advisory Council to advise the Cabinet Secretary and county governments on health delivery and monitor implementation. Section 16 establishes County Primary Health Care Advisory Committees to oversee, monitor, and evaluate primary health care policies and resource mobilization at the local county level.
Bill No.
Senate Bills No. 44
Gazette No.
Supplement No. 169
Sponsor
AARON CHERUIYOT
Background
The Primary Health Care Bill, 2023, aims to promote and fulfill the rights of all persons in Kenya to progressively realize the highest attainable standards of health care as guaranteed under the Constitution. The bill seeks to structure the implementation of primary health care through a coordinated system involving national and county governments, health facilities, and community health units, ensuring sustainable service delivery and universal health coverage.
Key Amendments
As a new principal Act, the bill introduces several foundational structures for healthcare delivery:
- Primary Health Care Networks (Section 17): Established at the sub-county level to facilitate access to primary health care services. These networks coordinate level four facilities ('hubs') with lower-level facilities and community units ('spokes').
- Primary Health Care Advisory Council (Section 14): A national council appointed by the Cabinet Secretary to monitor, review, and advise on inter-county health delivery.
- County Primary Health Care Advisory Committees (Section 16): County-level oversight committees responsible for local coordination, resource mobilization, and policy implementation.
- Community Health Units (Section 19): Units established by county governments to serve up to 5,000 persons (approximately 1,000 households) and link them directly to health facilities.
New Obligations
- County Governments (Section 15): Must mobilize resources, allocate funds for community health promoter stipends, establish primary health care networks, develop technological infrastructure, and coordinate training programs.
- Community Health Promoters (Section 10): Tasked with enrolling and monitoring assigned households, keeping records, conducting local disease surveillance, reporting drug side effects, and advising on sanitation, nutrition, and maternal care.
- Registration Requirements (Section 17(5) & 11(5)): Every person must register as a member of a primary health care network. Community health promoters must notify the community health officer of any changes to their registration particulars within 14 days of such changes.
Penalties
Under Section 22, Community Health Promoters are subject to disciplinary actions as prescribed by law if they engage in prohibited conduct, which includes:
- Conducting clinical procedures beyond their training and approved scope of work.
- Administering medications not authorized by clinical standards.
- Conducting deliveries for pregnant women.
- Falsifying collected records or data.
- Soliciting financial or other rewards for personal gain.
- Disclosing client health information to unauthorized persons.
Transitional Provisions
Section 21 outlines that all rights and obligations of the national and county governments subsisting before the effective date will continue under this Act. Furthermore, personnel appointed by county public service boards currently serving in community health services are deemed to be in the service of the respective county government upon the Act's commencement.
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Updates will be visible here once they are approved and applied to this bill.