The Geriatric Bill, 2022
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Executive
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Final
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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.
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.
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.
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.
Bill No.
National Assembly Bills No. 50 of 2022
Gazette No.
Supplement No. 175 of 2022
Sponsor
Gathoni Wamuchomba
Background
The Geriatric Bill, 2022 is designed to give legislative effect to Article 57 of the Constitution of Kenya, which mandates the State to take measures to ensure the rights of older persons to live in dignity, receive reasonable care from their families, and be free from abuse. The Bill applies to all public and private entities providing services to elderly persons, defined as individuals who have attained the age of sixty years.
Key Provisions
National Council for Elderly Persons
Section 6 establishes the National Council for Elderly Persons, managed by a Board consisting of:
- A Chairperson appointed by the President.
- The Principal Secretary responsible for elderly affairs.
- The Principal Secretary responsible for finance.
- Four other competitively appointed members (including representatives from elderly advocacy organizations and special interest groups).
Rights of Elderly Persons
Under Sections 26 to 36, elderly persons are guaranteed various rights, including:
- The right to legal capacity and the enjoyment of all rights under Article 27 of the Constitution without age-based discrimination.
- The right to access public and private premises, public transport, and continuous free annual medical check-ups.
- The right to a subsidised comprehensive post-retirement medical cover provided by the national and county governments.
- The right to use national and county government-owned recreational facilities free of charge.
New Obligations
Obligations of the State and County Governments
Under Sections 37 and 38, the national and county governments must:
- Implement a special medical programme for the elderly, including geriatric care, inpatient and outpatient services, and nursing units in all counties.
- Ensure emergency and disaster management protocols include the safety and tracking of elderly persons.
- Establish free legal services for older persons to address property disputes, violence, and violations of rights.
Obligations of Service Providers
- Registration: Anyone wishing to run a community-based care home or service must register with the Council in the prescribed form.
- Standard of Care: Registered service providers must adhere to minimum care, hygiene, and dietary standards, and are subject to continuous monitoring and evaluation by the Council.
Penalties
- Elder Abuse (Section 45): Subjecting an elderly person to physical, sexual, psychological (insults, ridicule, or invasion of privacy), or economic abuse (deprivation of property without consent) is punishable by a fine not exceeding KSh 1 million, imprisonment for a term not exceeding 5 years, or both.
- Failure to Report Abuse (Section 46): A professional (such as a doctor or social worker) who suspects abuse but fails to report it faces a fine not exceeding KSh 500,000, imprisonment for up to 2 years, or both.
- General Penalty (Section 54): Conviction for any offence under the Act where no specific penalty is provided carries a fine not exceeding KSh 1 million, imprisonment for a term not exceeding 2 years, or both.
Transitional Provisions
Existing Homes (Section 56)
Any home for elderly persons operating prior to the commencement of this Act will have its registration status reviewed:
- County Executive Committee Members may issue a written notice requiring the manager of an existing home to apply for registration under the new Act within 3 months.
- If the manager fails to apply within the specified period, the home must cease operating.
- Temporary transitional certificates may be issued to homes that do not yet fully comply, subject to conditions set by the County Executive Committee Member.
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