The Geriatric Bill, 2022

4 Nov 2022 domainNational Assembly National Assembly Bills No. 50 of 2022 Gazette: Supplement No. 175 of 2022
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Executive

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1

Establishment of the National Council for Elderly Persons

Section 6 establishes the National Council for Elderly Persons as a state corporation. The Council's mandate includes:

  • Advising national and county governments on policies regarding pensions, housing, and health insurance for older persons.
  • Registering elderly persons, service providers, and institutions on a continuous basis.
  • Facilitating the provision of assistive devices and the preparation of wills at no cost to elderly persons.
2

Family Care Obligations and Property Protections

Section 23 places the primary care of elderly persons on their families. Key obligations include:

  • Facilitating medical expenses and ensuring nursing care for sick elderly relatives.
  • Providing suitable accommodation and prohibiting the seizure of houses, land, or any income generated by the elderly person.
  • Guaranteeing their right to reside at their ordinary family residence and live with their spouses without family interference.
3

Registration of Community-Based Care Services

The Bill introduces a strict registration regime under Section 41:

  • All community-based care and support services must register with the Council.
  • Operating an unregistered community-based care and support service is designated as an offence under Section 42.
  • Caregivers providing home-based care must receive prescribed training, and the Council must maintain a registry of all such caregivers under a binding code of conduct.
4

Severe Penalties for Elder Abuse

The Bill establishes criminal liabilities to protect older persons from exploitation and maltreatment:

  • Abuse (Section 45): Physical, sexual, psychological, or economic abuse carries a fine of up to KSh 1 million, imprisonment for up to 5 years, or both.
  • Failure to Report (Section 46): Medical practitioners, social workers, or other professionals who fail to notify the Council of suspected elder abuse face a fine of up to KSh 500,000, up to 2 years' imprisonment, or both.

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