The Breastfeeding Mothers Bill, 2024
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Mandatory Workplace Lactation Rooms
Employers are required to establish private, clean, sanitary, and warm lactation places. These rooms must not be bathrooms or toilets, and must feature:
- A lockable door and shielding from co-worker intrusion
- A wash basin and a fridge for storing expressed milk
- An electric outlet, lighting, table, chair, and clean storage equipment space
- A safe physical environment that supports a baby's cognitive, emotional, social, and language development
Baby Changing Tables Required in Public Buildings
Any person who owns, leases, or rents a public or private building accessible to the public with a minimum occupancy capacity of fifty persons must install a baby changing facility. This facility must be clean and private, containing:
- A baby changing table
- A waste bucket
- Clear signage indicating its location
Flexible Work Arrangements for Breastfeeding Mothers
A breastfeeding mother may apply to her employer for a flexible work arrangement to breastfeed or express milk.
- The application must specify the requested hours, work assignments, and exact work location.
- The employer must respond in writing within fourteen days of receiving the application.
- If rejecting the application, the employer is required to provide a written statement detailing the reasons for the rejection.
Right to Breastfeed in Public Protected
The Bill guarantees that a woman has the absolute right to breastfeed her child in public. It explicitly states that public breastfeeding shall not be construed as committing an indecent act.
Fines of Up to KSh 1 Million for Violations
Employers who do not comply with the requirements to establish lactation places commit an offence. They are liable upon conviction to a fine not exceeding KSh 1 million, imprisonment for up to one year, or both. A general penalty of the same scale applies to other offences, with an additional fine of KSh 10,000 per day for continuing offences.
Bill No.
No. 8 of 2024
Gazette No.
Supplement No. 34 of 2024
Sponsor
Sabina W. Chege
Background
Breastfeeding is recognized as a critical preventive health measure and nature's first immunization, fostering healthy mother-infant relationships and child development. While Kenya is a signatory to international treaties promoting exclusive breastfeeding for the first six months of an infant's life, working mothers often face challenges balancing professional duties with maternal care. The Breastfeeding Mothers Bill, 2024 aims to address this gap by establishing clear legal safeguards, workplace requirements, and public facilities to prevent women from having to choose between their livelihoods and their children's health.
Key Provisions
Right to Breastfeed in Public
The Bill grants women the explicit right to breastfeed in public spaces. Under Section 9, the act of public breastfeeding cannot be legally interpreted or prosecuted as an indecent act.
Flexible Work Arrangements
Under Section 6, a breastfeeding mother is entitled to request flexible working arrangements from her employer. This request must outline parameters such as working hours, specific assignments, and the location of work. Employers must render a decision in writing within 14 days and must provide formal, written reasons if the request is denied.
Non-Discrimination
Section 7 prohibits discrimination against women during employment recruitment, access to opportunities, or benefit allocation on grounds of pregnancy, childbirth, breastfeeding, or any other maternity-related condition.
New Obligations
Obligations on Employers
- Lactation Places: Under Section 4, employers must build or set aside private, clean, sanitary, and well-ventilated spaces for breastfeeding mothers. These facilities must have a lockable door, wash basin, a refrigerator dedicated to storing milk, power outlets, appropriate lighting, a table, and a chair. These spaces cannot be located within toilets or bathrooms.
- Break Times: Section 5 requires employers to allocate reasonable, regular break times to employees during working hours specifically for breastfeeding or expressing milk.
Obligations on Owners of Public Buildings
- Changing Facilities: Section 8 mandates that owners, lessees, or renters of any public or private building accessible to the public with a capacity of 50 or more people must construct baby changing facilities. These must be private, sanitary, equipped with a changing table and waste bucket, and marked with clear direction signage.
Penalties
- Failure to Provide Lactation Places: Employers who fail to establish compliant lactation rooms face a fine of up to KSh 1 million, imprisonment for up to one year, or both upon conviction.
- General Offences: Any violation of the Act for which a specific penalty is not provided is subject to a maximum fine of KSh 1 million, imprisonment for up to one year, or both.
- Continuing Offences: If an offence continues after conviction, the offender is liable to an additional fine of KSh 10,000 for each day the non-compliance persists.
Transitional Provisions
Commencement
To give employers and building owners sufficient time to comply with the new infrastructure requirements, Section 1 specifies that the Act will officially come into operation one year after its date of publication in the Kenya Gazette.
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