FAMILY Reproductive Health Bill Dec 2022

The Family Reproductive Health Care Bill, 2022
THE FAMILY REPRODUCTIVE HEALTH CARE BILL, 2022
ARRANGEMENT OF CLAUSES
Clause
PART I ― PRELIMINARY
1. Short title.
2. Interpretation.
3. Objects and purposes.
PART II ―REPRODUCTIVE EDUCATION AND INFORMATION
4. Reproductive health policy and reproductive health reports.

5. Right to comprehensive information.
6. Duty of health-care providers to offer reproductive information.
PART III- REPRODUCTIVE HEALTH FACILITIES AND SERVICES

7. Health facilities to provide quality services.
8. Health facilities to provide family-centered reproductive services
9. Right to dignified and non-discriminatory treatment.
10. Right to query diagnosis.
11. Right to referrals.
12. Prohibition against unlawful inducement.
13. Prohibition against sexual relations with clients.
14. Disclosure of confidential information.
15. Rights and duties of reproductive health care providers.
16. Prescribed standards for reproductive health-care facilities.
17. Emergency health care services provision in counties.
18. Extension workers and community reproductive health workers.
PART IV ―ACCESS TO PRE-CONCEPTION INFORMATION AND

SERVICES
19. Pre-conception services.

20. Access to family planning services.
21. Right to relevant contraceptive information and services.
22. Right to information on natural family planning methods.
23. Data collection.
24. Each county to provide desegrated data
PART V- SAFE-MOTHERHOOD
25. Authorized persons to provide services.

26. Antenatal, intra-partum, post-partum, neo-natal and post-natal care and
services.
27. Right of mothers with still-born children or who lose children within
three months after birth.
28. Addressing causes of maternal and infant morbidity and mortality.
29. Nurseries for lactating mothers.
30. Provision of free antenatal care services.
31. Provision of emergency care services by county government.
32. Services in the neo-natal period and for children up to 12 years.
PART VI- FATHERHOOD AND REPRODUCTIVE HEALTH-CARE

FOR MEN
33. Research on male sexual and reproductive health needs and rights.
34. Provider initiated information and programs for men.
35. Prospective parents’ counselling.
36. Screening, diagnosis and treatment for male-reproductive health
diseases.
37. Infertility counselling for men.
PART VII- REPRODUCTIVE HEALTH CARE FOR ADOLESCENTS
38. Non-qualification of rights for adolescents.

39. Content of adolescent-friendly health-care services.
40. Parental consent.
41. Adolescent-friendly health-care facility.
42. Adolescent reproductive health unit
43. Female genital mutilation.
PART VIII- REPRODUCTIVE HEALTH CARE FOR YOUNG

PERSONS
44. Elaboration of rights of young persons.
45. Development of standards and guidelines on young persons.
46. Provider-initiated information on young persons’ reproductive health.
47. Right to privacy and confidentiality.
48. Content of young persons’ reproductive health programs.
49. Prospective parents’ counselling for young persons.
50. Screening, diagnosis and treatment for young persons.
51. Provider initiated infertility counselling for young persons

52. Young persons reproductive health unit to be established in each county
PART IX- REPRODUCTIVE HEALTH FOR ADVANCE-

REPRODUCTIVE AGE PERSONS
53. Rights for advance-reproductive-age persons.

54. Research, policy and services for advance reproductive age persons.
55. Provider-initiated information for advance-reproductive age persons.
PART X- REPRODUCTIVE HEALTH FOR GERONTOLOGICAL

PERSONS
56. Rights of gerontological persons.
57. Gerontological research, policy and services.
PART XI - REPRODUCTIVE HEALTH CARE FOR PERSONS WITH

DISABILITIES
58. Rights of persons with disabilities.

59. Reproductive health-related research to inform policy on persons with
disabilities
60. Proximate provision for reproductive health-care without
discrimination.
PART XII- REPRODUCTIVE HEALTH FOR INTERSEX PERSONS
61. Rights for intersex persons.

62. Reproductive health-related research to inform policy on intersex
persons
63. Access to health-care by intersex persons.
64. Research related to reproductive issues of intersex persons.
65. Prohibition of intersex genital mutilation without consent.
66. Incapacitation of an intersex from reproducing.
67. Prohibition against involuntary cosmetic surgery.
68. Prohibition against involuntary hormonal therapy.
69. Parent violating the rights of an intersex child.
70. Awareness and education on intersex.
71. Publishing and publicizing information on intersex.
PART XIII―TERMINATION OF PREGNANCY

72. Sanctity of life

73. Termination of pregnancy in selected cases.
74. Non-directive counselling.
75. Persons authorized to terminate pregnancy.
76. Conscientious objector’s duty to refer.
77. Consent for termination of pregnancy.
78. Post-abortion care.
PART XIV- FORCED AND COERCED STERILIZATION
79. Sterilization as a form of contraception.
PART XV- MENSTRUAL HYGIENE AND RIGHT
80. Content of menstrual hygiene management.
PART XVI―NATIONAL REPRODUCTIVE HEALTH CARE

ADVISORY COMMITTEE
81. Establishment of Committee.

82. Functions of the Committee
83. Members of the Committee.
PART XVII―COUNTY REPRODUCTIVE HEALTH CARE

ADVISORY COMMITTEES
84. Establishment of county committees.

85. Composition of committees.
86. Functions of the county reproductive health care advisory committees.
87. Duties of the county department of health.
88. Public Awareness at county level.
89. County governments’ obligation.
90. Recognition of efforts made in reproductive works and services.
91. Report to County Assembly.
92. Public participation on Reproductive Health-care services.
PART XVIII― MISCELLANEOUS PROVISIONS
93. Offences and penalties.

94. Regulations.
THE FAMILY REPRODUCTIVE HEALTH CARE BILL, 2022
A Bill for
AN ACT of Parliament to provide for the recognition of family-focused

reproductive rights; to set the standards of reproductive
health; provide for the right to make decisions regarding
reproduction; to give effect to Articles 26; 43(1)(a), 43 (2);
53(1)(c) and (d); 53 (2); 54; 55; 56 and 57 of the Constitution;
and for connected purposes.
ENACTED by the Parliament of Kenya, as follows-
PART I – PRELIMINARY
Short title. 1. This Act may be cited as the Family Reproductive Health
Care Act, 2022.
Interpretation. 2. In this Act, unless the context otherwise requires―
“access to” means the ability of an individual to acquire,

No. 21 of 2017.
obtain or receive appropriate, safe, accountable, effective, quality
and timely health information and services;
“adoption” has the meaning assigned to it under the

Children Act;
Cap 141. “advanced reproductive age ” means any age between forty-
five and sixty-five years;
“adolescent” means any person aged between ten and

eighteen years;
“Acquired Immune Deficiency Syndrome (AIDS)” has the

meaning assigned to it under the HIV and AIDS Prevention and
Control Act;
No. 14 of 2006. “antenatal care” includes the correct diagnosis of

pregnancy; the periodic examination of both mother and the baby
in utero; and the screening and management of complications

during pregnancy to ensure the best health conditions for both
mother and baby;
“antenatal period” means the period beginning at the onset

of pregnancy and ending with the onset of labour;
“authorised facility” means a facility authorised by the

Medical Practitioners and Dentists Council for the purposes of
this Act;
“baby in utero” means an unborn human off-spring;
"breast-feeding" means the method of feeding an infant

directly from the female breast;
“Cabinet Secretary” means the Cabinet Secretary for the

time being responsible for health;
“child” has the meaning assigned to it under the Children

Act;
Cap.141. “client” means any person who seeks any reproductive

health-care services or information from a service provider or
health-care facility;
“clinical officer” means a clinical officer registered and

licensed under the Clinical Officers (Training, Registration and
Licensing) Act;
No. 20 of 2017.
“consent” means the voluntary agreement with what is
proposed or done by a health-care provider without any
misinformation, force, fraud or threat and with full knowledge
and understanding of the medical and social consequences of the
matter to which the consent relates;
“counselor” means a counselor registered under the

Counsellor and Psychologists Act;
No. 14 of 2014. “county committees” mean the County Reproductive Health

Advisory Committee established under section 84;
“committee” means the National Reproductive Health

Advisory Committee established under section 81;
“contraception” means the deliberate prevention of

pregnancy by measures that prevent the normal process of
ovulation, fertilisation and implantation;
“contraceptive methods” refers to the means by which

deliberate prevention of pregnancy is achieved by use of devices,
drugs, or surgery;
“disease" refers to any physical or mental condition that

causes pain, dysfunction, distress, social problems or death to the
person afflicted or similar problems for those in contact with the
person;
“emergency obstetric care” means the basic and

comprehensive life-saving interventions performed to treat major
birth complications;
“emergency treatment” refers to the necessary immediate

health care that must be administered to a client to prevent death
or worsening of a medical situation;
“family-centered reproductive health care” refers to the

continuum of care spanning from pregnancy and child-birth to
child-hood, adolescent and beyond and seeks to end preventable
maternal and child death; control vaccine preventable diseases;
improve nutrition; enhance sexual and reproductive health;
promote gender, equity and human rights in service provision and
No. 32 of 2011. promote healthy ageing through the life-cycle.
“family planning” means the conscious effort by a person to

plan for and attain the person’s desired number of children and to
regulate the spacing and timing of the births of the children with
the use of contraceptives or natural methods;
“female genital mutilation” has the meaning assigned to it

under the Prohibition of Female Genital Mutilation Act;
“foetus’ means a baby in utero;

“gerontological age” means any age above sixty-five years;
“health" refers to a state of complete physical, mental and

social well-being and not merely the absence of disease or
infirmity;
Cap.253.
"health care professional" includes any person who has

obtained health professional qualifications under the relevant law
Cap. 244. and is licensed by the relevant regulatory body;
Cap. 257.
"health care provider" means a person who provides health
care services and includes-
No. 20 of 2017.
(a) a medical practitioner or dentist registered under the
Medical Practitioners and Dentists Act;
No. 10 of 1999. (b) a pharmacist or a pharmaceutical technologist
registered or enrolled under the Pharmacy and Poisons Act;
No. 14 of 2014. (c) a nurse registered and licensed under the Nurses Act;
(d) a clinical officer registered and licensed under the

Clinical Officers (Training, Registration and Licensing) Act;
(e) a laboratory technician or technologist registered and

licensed under the Medical Laboratory Technicians and
Technologist Act;
(f) a counsellor registered under the Counsellors and

Psychologists Act;
(g) any other health care professional registered under

any law;"
"health care service" means the prevention, promotion,

management or alleviation of disease, illness, injury, and
other physical and mental impairments in individuals,
delivered by health care professionals through the health care
system's routine health services, or its emergency health
services and includes-
(a) the physical or mental examination of that person;

(b) the treatment or prevention of any physical or mental

defect, illness or deficiency and the giving of advice
in relation to that defect, illness or deficiency;
(c) the performing of any surgical or other invasive

procedure;
(d) the giving of advice in relation to or treatment of any

condition arising out of a pregnancy;
(e) the prescribing, dispensing, supplying or applying of

any medicine, appliance or apparatus in relation to
any defect, illness, deficiency or pregnancy;
(f) X-ray, laboratory and other investigative and

diagnostic procedures;
(g) physiotherapy, speech therapy, occupational therapy

and other types and variations of similar rehabilitative
treatment;
(h) nursing or midwifery in health institutions and other

places where nursing and midwifery services may be
rendered, including home-based nursing and
midwifery services by duly qualified registered and
experienced nurses and midwives;
(i) the supply of accommodation in any institution

established or registered in terms of any law as a
health institution or any other institution or place
where surgical or other medical procedures are
performed, provided that such accommodation is
necessitated by any physical or mental defect, illness,
deficiency or a pregnancy; and
No.21 of 2017. (j) the provision of counseling services;
"health extension worker" means a health care

professional working in health centres in rural and medically
under-served areas, where they provide emergency treatments
and a range of other health services to patients and as provided
by regulations;
No.14 of 2006.
"health facility" has the meaning assigned to it under the
Health Act;
“health regulatory body” refers to an institution

authorised by law to regulate the practice of medicine or
health care provision;
“Human Immunodeficiency Virus (HIV)” has the meaning

assigned to it under the HIV and AIDS Prevention and Control
Act;
“informed choice” means a voluntary decision by a

client to use or not to use a reproductive health care service
after receiving comprehensive and understandable
information regarding the advantages, disadvantages, risks
and alternatives of that service;
“informed consent” means permission obtained from the

client freely, without threats or improper inducement or
misinformation, after disclosure to the client of
comprehensive and understandable information in a form and
language understood by the client;
“intersex person” means a person who is conceived or

born with a biological sex characteristic that cannot be
exclusively categorised in the common binary of female or
male due to their inherent and mixed anatomical and
hormonal, gonadal (ovaries and testes) or chromosomal (X
and Y) patterns; which could be apparent prior to, at birth, in
childhood, puberty or adulthood;
“Intra-partum period” means the period beginning

with the onset of labour and ending with the delivery of the
placenta;
No. 10 of 1999.
“intra-partum services” means the correct diagnosis
followed by periodic examinations, screening and
management of complications in the period from onset of
labour to the complete delivery of the newborn and the
placenta in order to ensure the best health conditions for both
mother and new born;
“laboratory technician” means a laboratory technician or

technologist registered and licensed under the Medical
Laboratory Technicians and Technologist Act,
"lactation stations" means private, clean, sanitary, easily

accessible and well ventilated rooms or areas in the workplace
where nursing mothers can wash up, breast feed or express
their milk and hygienically preserve it;
“life-skills education” means a structured programme

of needs and outcomes based on participatory learning that
aims to increase positive and adaptive behavior by assisting
individuals to develop and practice psycho-social skills that
minimise risk factors and maximise protective factors;
“neonate” refers to a child from birth until twenty-

Cap. 257.
eight days of life;
“neonatal” means of newborns or relating to a
newborn child;
“newborn” means a child between child-birth and
forty two days of age;
“nurse” means a nurse registered and licensed under the
Nurses Act;
“maternal” means any issues related to pre-conception,

pregnancy, child-birth and the first forty two days after
delivery by a woman;
“maternal care” includes health care of a woman during
Cap. 253. pre-conception, pregnancy, child-birth and forty-two days
after childbirth;
“maternal health” means the health of a woman

during pre-conception, pregnancy, child-birth and forty-two
days after child-birth;
“medical practitioner” means a medical practitioner

registered under the Medical Practitioners and Dentist
Act;
“morbidity” means illness or ill-health;

“mortality” means death or loss of life;
“natural family-planning” means a method of planning

or avoiding pregnancies by observation of the natural signs
and symptoms of the fertile and infertile phase of the
menstrual cycle;
Cap. 244.
“neonatal services” means the correct diagnosis of;
screening and management of complications in the first
twenty eight days of the life of the newborn;
“paternal” means biological or putative father;
“pharmacist or a pharmaceutical technologist” means a

pharmacist or a pharmaceutical technologist registered or
enrolled under the Pharmacy and Poisons Act;
“post-abortion care” means the correct diagnosis and

management of incomplete abortion and related
complications including linkage to other reproductive health
services providers;
“post-natal care” means the services offered to a mother

and a new-born in the period beginning immediately after
birth and ending forty two days after birth in order to ensure
the best health conditions for both mother and the new-born;
“post-natal period” means the period beginning

immediately after birth and ending forty two days after birth;
“post-partum care” means the services offered to a

mother during the period beginning immediately after
delivery and ending forty two days after delivery in order to
ensure the best health conditions for the mother ;
‘post-partum period” means the period beginning

immediately after delivery and ending forty two days after
birth;
“pre-conception” means the period before conceiving a

pregnancy and includes the period of planning for the
pregnancy;
“pre-conception health care” means the identification of

potential physical, genetic, psychosocial, environmental and
behavioural risk factors for adverse pregnancy outcomes, and
the reduction of those risks prior to conception through
counselling, education and intervention for both mother and
father of the child;
“pregnancy” means the status of carrying a developing

embryo or embroys or foetus or foetuses;
"private health services" means provision of health

services by a health facility that is not owned by the national
or county governments and includes health care services
provided by individuals, faith-based organizations, non-
governmental organizations and private health institutions;
“provider-initiated health care” means the information,

care or testing that is routinely recommended by health care
providers to persons attending health care facilities as a
standard component of medical care to ensure public health or
advancement of medicine;
"public health services" means health services owned

and offered by the national and county governments;
“A putative father” means a man whose legal

relationship to a child has not been established but who is alleged
to be or claims that he may be the biological father of a child who
is born to a woman to whom he is not married at the time of the
child's birth;
"referral" means the process by which a given health

facility transfers a client service, specimen and client
parameters to another facility to assume responsibility for
consultation, review or further management;
“reproductive health” means a state of complete

physical, mental and social well-being, and not merely the
absence of disease or infirmity, in all matters and cycles
relating to the reproductive system and to its functions and
processes;
“reproductive rights” include the right of all individuals

to attain the highest attainable standard of sexual and
reproductive health and to make informed decisions regarding
their reproductive lives free from discrimination, coercion,
misinformation or violence;
“right to safe motherhood” means the right to access

information and quality service by women before conception,
throughout pregnancy, child-birth and post-partum period
with the desired outcome of a live and healthy mother and
baby;
“sex” means the biological characteristics that define

humans as female, male or intersex.
No.8 of 2001.
“termination of pregnancy” means ending a pregnancy
before the foetus is viable;
“tier of care” refers to the organization of devolved

healthcare services into community health services, primary
care services, county referral services and national referral
services;
“trained health professional” means a health

professional with formal medical training who has been
educated and trained to proficiency level in the provision of
reproductive health services as a medical officer, nurse,
midwife, or a clinical officer;
“vulnerable child” means a child living under difficult

circumstances and includes a child in need of care and
protection under the Children Act;
“young person” means any person aged between

nineteen and twenty five years.
Objects and purposes. 3. The object and purpose of this Act is to―
(a) provide a framework for the provision,

advancement and protection of comprehensive,
quality and equitable reproductive health rights
and services for every person without
discrimination pursuant to Article 27 (4) of the
Constitution;
(b) provide a framework for addressing unique

reproductive health issues at every stage of the
reproductive cycle;
(c) create an enabling environment for the reduction

in child and maternal morbidity and mortality
rates;
(d) recognise powers and functions of both levels of

governments in the provision of, and guaranteeing
access to reproductive health;
(e) obligate the National and County Governments to

collect and maintain sex, gender, special needs and
age disaggregated data on reproductive health;
(f) establish family-centered reproductive programs

targeting the entire family spectrum including
maternal, paternal, new-born, child, adolescent,
persons with disability, intersex persons, young
persons, advanced reproductive age groups and
gerontological person’s reproductive health
services;
(g) provide a framework for the integration of

community health workers in the reproductive
health care system;
(h) promote innovative, scientific, comprehensive and

integrated approaches to the delivery of
reproductive health care service.
PART II―REPRODUCTIVE EDUCATION AND

INFORMATION
Reproductive health 4. (1) The Cabinet Secretary shall develop, publish and
policy and
reproductive health publicize a national policy on reproductive health which shall be
reports. reviewed at least once in every eight years.
(2) The Cabinet Secretary shall ensure that the relevant

stakeholders participate effectively in the development of the
national policy on reproductive health.
(3) The Cabinet Secretary and the relevant county executive

committee member for each county shall develop, publish and
publicize respective national and county government annual
reproductive health reports.
(4) The Cabinet Secretary and the respective county

executive committee member for health for each county shall
prescribe regulations in relation to the content and timelines for
the preparation, publishing and publicizing of the respective
national and county reports.
Right to 5. A health-care provider shall give comprehensive and

comprehensive
information. accurate information to a person seeking reproductive health
services including but not limited to diagnosis, available service
providers and the advantages and disadvantages of any proposed
treatment option.
Duty of a health care 6. A health care provider shall offer provider-initiated

provider to offer
reproductive reproductive health care information to a person seeking any
information. health care service.
PART III – REPRODUCTIVE HEALTH FACILITIES AND

SERVICES
Health facilities 7. A health facility shall provide quality reproductive health
to provide quality
services. care services to all and as provided under this Act.
Health facilities 8. health-care providers shall encourage family-centered

to provide family-
centered reproductive health care services that shall include;
reproductive
services
(a) the availability, accessibility and utilization of quality
reproductive-health care services throughout the life
cycle;
(b) universal immunization coverage;
(c) accountability, measurement and tracking mechanisms
for reproductive, maternal, neonatal, child, adolescent,
youth, older and gerontological persons’ health, and
immunization;
(d) reduction in maternal, neonatal and under five mortality;
(e) reduction of the elimination of mother to child
transmission of HIV;
(f) improved adolescent health and development;
(g) universal access to sexual and reproductive health.
Right to dignified 9. A person who seeks a reproductive health care service

and non-
discriminatory shall be entitled to dignity and respect free from any form of
treatment. discrimination from persons employed or providing health care
services in a health care facility.
Right to query 10. (1) A client has a right to query a diagnosis by a health-
diagnosis.
care professional and the nature and reasons for the query shall be
recorded in the medical file of the client;
(2) Where the healthcare professional does not agree with

the query, the client who queries the diagnosis shall be
assisted by the health care provider in obtaining a second
opinion without intimidation.
Right to referrals. 11. A health facility that does not have the requisite
measures to assist a person who seeks reproductive health care
services shall refer such person to the next best available health
facility without delay.
Prohibition 12. (1) A health care provider shall not seek or receive any
against unlawful
inducement. unlawful inducement to assist a person.
(2) A person who contravenes subsection (1) commits an

offence and shall, on conviction, be liable to a fine of not less than
one million shillings or to imprisonment for a term of not more

than two years, or to both.
Prohibition 13. (1) A health care provider shall not engage in any sexual
against sexual
relations with act with a person who seeks any health information or health
client. service.
(2) A person who contravenes subsection (1) shall, on
conviction, be liable to a fine of not more than one million
shillings or to imprisonment for a term not more than two years,
or to both.
Disclosure of 14. (1) A health care provider and health facility shall
confidential
information. keep all reproductive health information and any other
information relating to the health status or treatment of a client
confidential except as otherwise provided for under this Act.
(2) Subject to the Constitution and any other written law,

a person may disclose information contemplated under subsection
(1) if —
(a) It is in compliance with a court order;
(b) a client consents to such disclosure in writing if it is

in his or her personal health interest and having
been informed of the impact or import of such
disclosure;
(c) such information does not represent a sersiou theeat

to public health;
(d) the disclosure under (2) (b) shall be in the

prescribed form;
Rights and duties of 15. (1) A reproductive health care provider has the right to—
reproductive
healthcare
providers.
(a) protection from discrimination on account of any of
the grounds set out in Article 27(4) of the
Constitution;
(b) a safe working environment that minimizes the risk of

disease transmission and injury or damage to the
healthcare personnel or to his or her client, family or
property;
(c) refuse to treat a client who is verbally or physically

abusive except in an emergency situation where no
alternative health care personnel is available;
(d) apply for and if offered, accept or refuse a salaried

post in public service or the private sector.
(2) A healthcare provider, whether in the public or private sector,

shall have the duty—
(a) to provide healthcare to the best of his or her

knowledge and ability, to every person entrusted and
seeking his or her support;
(b) to provide emergency medical treatment as is

appropriate;
(c) to refer a client where the healthcare provider is not in

a position to offer the required health service;
(d) not to receive improper and unlawful inducement to

offer a health-care service;
(e) not to put private personal interests above the health-

care needs of a client;
(e) to inform a client seeking health services, in a manner

commensurate with his or her understanding, of his or her
health status;
(f) to keep information about all clients confidential except

as provided under this Act;
(g) to seek continuous knowledge and skills in relation to

his or her field of knowledge.
Prescribed standards 16. A health-care facility offering reproductive health care
for reproductive
facilities. services shall meet the prescribed minimum medical standards as
provided for under the Health Act.
Emergency health
care service 17. A health care facility shall constitute of a functional unit
provision in with ambulatory services including boat-ambulatory services
counties. where appropriate, dedicated to reproductive health emergencies.
Extension 18. (1) The county executive member responsible for

workers and
community health shall develop standards and regulations for community
reproductive health workers and health extension workers on paramedical
health workers. assistance on reproductive issues in emergent cases;
(2) The county executive member responsible for health

shall, in consultation with the county public service
board, provide training for health extension workers in
paramedical assistance on reproductive issues in
emergent cases.
(3) The county public service board shall provide training

for community reproductive health workers and midwives on
reproductive health care services.
(4) The county public service board may recruit community

reproductive health workers and mid-wives for the efficient
discharge of functions under this Act, upon such terms and
conditions of service as the county public service board may
determine, and upon the advice of the salaries and remuneration
commission.
PART IV ― ACCESS TO PRE- CONCEPTION

INFORMATION AND SERVICES
Pre-conception 19. A person who is capable of giving informed consent

services.
has the right to the following pre-conception services—
(a) information, education, screening, behavioral counseling

and interventions, treatment for life-style behavior that
may risk the health of the mother and child including first
and second-hand tobacco use, psychoactive substance use,
and alcohol use;
(b) screening and management of diseases and conditions that

may put the child and mother at risk such as anemia,
diabetes, lupus and genetic conditions;
(c) provision of guidance and information on environmental

hazards and prevention;
(d) screening and diagnosis of couples following six to twelve

months of attempting pregnancy, management of
underlying causes of infertility or sub-fertility and their
preventable and unpreventable causes;
(e) information, counselling and referral to licensed adoption

and assisted reproductive technologies services for a
person or persons having challenges in conceiving
naturally;
(f) guidance and age-appropriate, comprehensive

information on sex and interpersonal violence including
impact of early, unwanted and rapid successive
pregnancies, rape and post-rape care and referral and
psychosocial support to victims of violence;
(g) provider-initiated HIV counseling, testing and

interventions for the well-being of the child, including
male-partner testing as provided under the law, provision
of antiretroviral prophylaxis for women not eligible for, or
not on, antiretroviral therapy to prevent mother-to-child
transmission;
(h) treatment and management of depression in women

planning pregnancy and other women of child-bearing
age;
(i) provision of vaccination for preventable diseases;

(j) screening for female genital mutilation to detect any

complication and access to treatment including
defibulation of infibulated females before or early in
pregnancy;
(k) removal of cysts and treatment of any other related

complications;
(l) family planning services including contraception and

natural family planning;
(m) monitoring nutritional status and promoting exercise;
(n) any other relevant pre-conception care services as may be

prescribed from time to time.
Access to family 20. The national and county governments shall

planning services.
respectively ensure availability, accessibility, acceptability and
quality family planning services including contraceptive methods
and counseling.
Right to relevant 21. (1) A health-care provider prescribing a contraceptive

contraceptive
information and method shall offer provider-initiated relevant information to the
services. client on the advantages and disadvantages of that method.
(2) A healthcare provider performing the function under

subsection (1) shall ensure informed consent is given by the
client.
Right to information 22. A county government shall ensure availability of
on natural family
planning methods. information and education on natural family planning methods.
Data collation. 23. A health-care facility that provides a reproductive health

care service shall collate sex and age-desegregated data and
submit the report to the county annually.
Each county to 24. Each county shall collate sex and age-desegrated data
provide desegregated and submit the report to the national government annually.
data
PART V- SAFE MOTHERHOOD

Authorised persons to 25. Maternal care shall be offered by―
provide services,
(a) medical practitioners;
(b) clinical officers;
(c) nurses;
(d) midwives.
Antenatal, intra- 26. (1) A health facility shall ensure access to the highest
partum, post-partum,
neo-natal and post- attainable standard and quality of pre-conception, pre-natal, ante-
natal care services. natal, intra-partum, post-partum, neo-natal and post-natal
services.
(2) A pregnant woman is entitled to—
(a) early diagnosis of pregnancy;
(b) referral for and provision of appropriate pre-natal care;
(c) referral to child-birth preparation classes;
(d) after counseling, to adoption services at licensed

agencies if desirable;
(e) services in the ante-natal period including emergency

and referral care;
(f) services during the post-partum and post-natal period;
(g) provision of dignified and respectful care;
(h) ninety working days of maternity leave upon delivery

of the new-born in accordance with the Employment
Act;
(i) sensitization and education on the benefits of breast-

feeding, proper nutrition, vaccinations, growth
promotion of children, child protection and any other
child care interventions;
(j) sensitization and education on management of needs

of vulnerable children and referral to available
services;
(k) provision of adolescent-friendly antenatal services in

case of adolescent mothers;
(l) provision of youth-friendly antenatal services in cases

of young mothers;
(m) any other services that may be prescribed relating to

prenatal, antenatal, post-natal, intra-partum and post-
partum period.
No.21 of 2017. (3) The provisions of subsection (2) shall in no way be
construed to limit or undermine the provisions of the Health Act.
(4) For the purposes of this section, an adoptive parent shall

be eligible for maternity or paternity leave upon the
commencement of the stay with the child whether or not the
adoption process has been finalised in a court of law.
No.11 of 2007 (5) For purposes of subsection (4), pre-adoptive leave shall
be granted in accordance with section 29A of the Employment
Act.
Right of mothers with 27. (1) A woman who delivers a still-born child or who
still-born children or
who lose children loses a child within three-months of delivery shall be entitled to
within three months all the rights of a post-partum mother including counselling and
after birth. maternity leave.
(2) A woman who experiences a miscarriage shall be entitled

to forty two days lochia leave.
(3) A woman who is diagnosed with a condition that causes

or requires termination of pregnancy is entitled to correct
diagnosis, emergency treatment and forty two days lochia leave.
Addressing causes of 28. The national and county governments shall respectively
maternal and infant
morbidity and ensure that mothers are afforded services necessary to address the
mortality. leading causes of maternal morbidity and mortality.
Nurseries for 29. The national and county governments shall

lactating mothers.
respectively ensure that every public facility is fitted with
accessible, proximate and appropriate nurseries for nurturing
parents including lactating mothers and care-givers.
Provision of free 30. (1) The national and county governments shall
antenatal care
services. respectively provide free ante-natal care, delivery services and
post-partum care.
(2) A woman shall not be detained in a health facility post-
delivery due to an inability to pay a medical bill.
Provision of 31. A county government shall ensure access to―
emergency care
services by county
governments.
(a) information, screening, management and treatment of
conditions including but not limited to―
(i) communicable and non-communicable

diseases during pregnancy;
(ii) sexually transmitted infections;
(iii) reproductive tract infections;
(iv) reproductive-related cancers; and
(v) post-abortion care;
(b) emergency obstetric and gynecological services.

Services in the neo- 32. (1) A new born is entitled to comprehensive new-born
natal period and for
children up to twelve care, including emergency care, referral care and immunization.
years.
(2) The national and county governments shall respectively
ensure that a new-born is afforded services necessary to address
leading causes of new-born morbidity and mortality including but
not limited to pre-maturity, neo-natal sepsis and asphyxia.
(3) Notwithstanding subsection (1), the Cabinet Secretary

and respective county executive committee member for health for
each county, may respective to their mandates and by regulations,
prescribe neo-natal and child services available to various

categories of children until the age of twelve years.
PART VI – FATHERHOOD AND REPRODUCTIVE

HEALTH-CARE FOR MEN
Research on male 33. The national government shall undertake continuous

sexual and
reproductive health research to inform policy interventions on male sexual and
needs and rights. reproductive health needs and rights and the inclusion of men in
sexual and reproductive health care-system.
Provider initiated 34. The national and county governments shall respectively
information and
programs for men. offer provider-initiated information and develop programs that
include men in reproductive health care services which include—
(a) screening and treatment of disorders of the male

reproductive system including sexual dysfunctions,
urological diseases and other reproductive disorders
common to men;
(a) accurate information on appropriate family planning

methods for men including risks of each method and
its effectiveness;
(b) pre-conception information and services;
(c) using men as change agents in changing cultural

beliefs, practices and perceptions that enhance high
infant and maternal morbidity and mortality rates
including norms on multiple partners, non-use of
contraceptives and partner violence;
(d) programs for men as supportive partners for women

for positive mother and child outcomes;
(e) role of men in safe pregnancy, delivery and post-

partum care;
(f) provision of screening, diagnosis, treatment and

management services on sexually transmitted
infections including HIV that may have a bearing on
a child’s health;
(g) the health benefit of child spacing and supportive care

for a lactating mother.
Prospective parent 35. The national government and respective county

counseling.
governments shall provide free and optional prospective
parents’ counseling.
Screening, diagnosis 36. The national and county governments shall respectively
and treatment for
male-reproductive provide screening, diagnosis and treatment options for common
health-diseases. sexual and reproductive health-diseases for men including penile,
testicular and prostate cancer.
Infertility counselling 37. (1) The national and county governments shall offer
to men.
provider initiated infertility counselling to men having challenges
on reproductive issues and on available health options.
(2) The Cabinet Secretary and the county executive

committee member in charge of health for each county shall, in
collaboration with other stakeholders, respectively and
continuously conduct public health campaigns that integrate
comprehensive information on male sexual and reproductive
health in schools, public health facilities, religious centres,
adolescent and youth-friendly centres.
PART VII – REPRODUCTIVE HEALTH FOR

ADOLESCENTS
Non-qualification of 38. The provisions of this part elaborate the reproductive

rights for adolescents.
health care rights for adolescents and shall not limit or qualify any
other right provided for under this Act.
Content of adolescent 39. Adolescent reproductive health services shall be age-

-friendly health
services. appropriate, non-judgmental, confidential, evidence-based and
culturally sensitive and shall include―
(a) mentorship;
(b) unbiased counseling on―
(i) sexual relationships;
(ii) abstinence;
(iii) prevention of pregnancy;
(iv) pregnancy;
(v) consequences of unsafe abortion;
(vi) sexually transmitted infections and

HIV/AIDS;
(vii) sexual and gender based-violence;
(viii) substance and drug abuse;
(c) life and negotiation skills;
(d) keeping sexual boundaries;
(e) age-appropriate reproductive health services;
(f) such other reproductive-health services as the Cabinet

Secretary may determine.
Parental consent. 40. (1) Except as provided under sub-section (2), parental
consent or consent of a guardian or caregiver of an adolescent
shall be required for the provision of adolescent reproductive-
health services.
(2) Despite the provisions of subsection (1), an adolescent

may consent to his or her own medical treatment or services, if
the adolescent―
(a) is pregnant;
(b) is already a parent;
(c) is already sexually active; or
(d) in the opinion of a trained health-care provider, is of

sufficient maturity and has the mental capacity to
understand the benefits, risks, social or other
implications of the treatment or service offered.
No.8 of 2001. (3) Parental consent may be dispensed with for children in
need of care and protection as provided for under the Children
Act.
Adolescent-friendly
health-care facility. 41. (1) A health care provider shall―
(a) provide adolescent reproductive health services that are

responsive to specific needs and vulnerabilities of
adolescents;
(b) facilitate the provision to adolescents of confidential, age-

appropriate, comprehensive, non-judgmental and
accessible reproductive health services, and as provided
under this Act.
(2) Where a health-care provider from whom reproductive

health services is sought by an adolescent has a conscientious
objection to the provision of the services, the health care provider
shall provide reasons in writing and, shall refer the adolescent to
a qualified person for provision of the necessary services.
(4) In case of a referral, a health-care provider shall

ensure that the adolescent is referred in a timely,
effective and appropriate manner that does not
compromise the health or life of the adolescent.
Adolescent
reproductive health
unit
42. Each county government shall establish a dedicated
adolescents reproductive health unit.
Female genital
mutilation. 43. (1) A health care provider shall not perform female genital
mutilation on a female person.
(2) Despite sub-section (1), a person who has any health
complications as a result of female genital mutilation shall access
treatment from any health care provider without discrimination.
No. 32 of 2011. (3) This section shall not be construed to limit the
provisions of the Prohibition of Female Genital Mutilation Act.
PART VIII ―REPRODUCTIVE HEALTH FOR

YOUNG PERSONS
Elaboration of rights 44. The provisions of this part elaborate the rights of young
of young persons.
persons to reproductive healthcare and shall not be seen as
limiting or qualifying any other right under this Act.
Development of 45. (1) The National government shall develop standards

standards and
guidelines on young and guidelines for the provision of reproductive health
persons. information to young persons that is gender, sex, disability
inclusive and culturally sensitive.
(2) The National and county governments shall respectively

ensure that the information under subsection (1) is published and
publicized.
Provider-initiated 46. A health-care provider shall offer comprehensive,

information on young
persons’ reproductive relevant and accurate information to any young person seeking
health. reproductive health services including diagnosis, treatment
options, service providers and advantages and disadvantages of
any proposed treatment option.
Right to privacy and 47. Except as otherwise provided in the Act, a young person
confidentiality.
is entitled to a confidential and non-judgmental reproductive
healthcare service.
Content of young 48. (1) The national and county governments shall
persons’ reproductive
health programs. respectively provide information and develop programs that
include young persons in reproductive health care services which
include—
(a) Health risk-enhancing life-style and behavior;
(b) accurate information on family planning methods,

risks of each method and its effectiveness;
(c) pre-conception information and services;
(d) life-style beliefs, practices and perceptions that

enhance high infant and maternal morbidity and
mortality rates including norms on multiple partners,
non-use of contraceptives and partner violence and
interventions;
(e) partners’ support programs for positive mother and

child outcomes;
(f) role of men and women in safe pregnancy, delivery

and post-partum care;
(g) provision of screening, diagnosis, treatment and

management services on sexually transmitted
infections including HIV that may have a bearing on
a child’s health;
(h) the health benefit of child spacing and co-parenting

for a healthier child.
Prospective parents’ 49. A healthcare facility shall provide free and optional
counseling for young
persons. prospective parents’ counselling for young persons.
Screening, diagnosis 50. A healthcare facility shall provide screening, diagnosis

and treatment for
young persons. and treatment options for common reproductive health-diseases
for young persons.
Provider initiated 51. The healthcare facility shall offer provider-initiated

infertility counselling
for young persons. infertility counselling to a young person having
challenges conceiving and information on available
options.
Young persons
reproductive health 52. Each county government shall establish a young persons
units to be established reproductive-health unit.
in each county
PART IX ―REPRODUCTIVE HEALTH FOR

ADVANCE- REPRODUCTIVE AGE PERSONS
Rights for advance- 53. The provisions of this part elaborate on the rights of
reproductive age
persons. reproductive health care for advance-reproductive age persons
and shall not limit or qualify any other right under this Act.
Research, policy and 54. (1) The National Government shall undertake
services for advance-
reproductive age continuous reproductive health related research to inform policy
persons. interventions and service provision for advance-reproductive age
persons.
Provider-initiated 55. The national and county governments shall

information for
advance-reproductive respectively facilitate provider-initiated information on
age persons. reproductive health-related problems for advanced reproductive
age persons which shall include—
(a) the impact on sexual activity on advanced age persons

of chronic conditions such as vaginal atrophy,
reproductive cancer, and cardiovascular disease;
(b) sexual difficulties and interventions in men and women of

advanced age;
(c) sexual and hormonal difficulties and interventions in

women including genitourinary conditions, and
gynecological malignancies;
(d) screening and counseling services for healthy

reproduction and sexual relations in advanced
reproductive age persons;
(e) assisted reproduction technologies for persons seeking to

have children.

ensure that there is continuous public awareness to address the
sexual and reproductive health needs and rights of advanced
reproductive-age group.
(4) Each county government shall establish a dedicated

advanced reproductive-age persons unit.
PART X―REPRODUCTIVE HEALTH FOR

GERONTOLOGICAL PERSONS
Rights of 56. The provisions of this part elaborate the rights of

gerontological
persons. reproductive health care for gerontological persons and shall not
limit or qualify any other right under this Act.
Gerontological 57. (1)The National Government shall undertake continuous

research, policy and
services. reproductive health related gerontological research to inform
policy interventions and service provision on gerontological
persons.

provide information on reproductive health related problems for
gerontological age persons which includes—
(a) chronic conditions such as benign prostatic hyperplasia

affecting urinary functions for men, vaginal atrophy
including yeast infection for women and reproductive
cancers such as prostrate cancer;
(b) sexual difficulties in men such as erectile dysfunction,

lower libido for women and available interventions;
(c) sexual and hormonal difficulties including

genitourinary conditions, gynecological malignancies,
and available interventions; and
(d) counseling services for healthy reproductive and

sexual relations in gerontological age persons.

ensure that there is continuous public awareness on the sexual and
reproductive health needs and rights of gerontological age
persons.
(4) Each county government shall establish a dedicated

gerontology unit.
PART XI― REPRODUCTIVE HEALTH CARE FOR

PERSONS WITH DISABILITY
Rights for persons 58. The provisions of this part elaborate the reproductive
with disability.
rights of persons with disability and shall not limit or qualify any
other right under this Act.
Reproductive health 59. The National Government shall undertake continuous

related research to reproductive health related research to inform policy
inform policy on interventions and service provision on persons with
persons with
disability disability.
Proximate provision 60. The County Governments shall ensure―

for reproductive
health rights without
discrimination.
(a) basic reproductive health services is provided in the first
tier of health provision in the county without any
discrimination;
(b) that there is increased access to information and

communication on sexual and reproductive health in
braille, audio form, large print, simple language, sign
language and pictures in all county health facilities;
(c) that there is continuous training, education and inclusion

of rights of persons with disability among health-care
providers on reproductive health;
(d) that there are continuous activities to raise awareness

and address sexual and reproductive health needs and
rights of persons with disability;
(e) that women, girls and intersex persons who are persons
with disability are provided with the same quality of
health-care.
PART XII―REPRODUCTIVE HEALTH-CARE

FOR INTER-SEX PERSONS
Reproductive rights 61. The provisions of this part elaborate the reproductive
for inter-sex persons.
rights of inter-sex persons and shall not limit or qualify any other
right under this Act.
Reproductive health 62. The National Government shall undertake continuous

related research to reproductive health related research to inform policy
inform policy on interventions and service provision on inter-sex persons
intersex persons
Access to healthcare 63. (1) The national and county governments shall
by intersex persons.
respectively put in place measures to ensure that intersex persons
have access to the highest attainable standard of reproductive
health-care services.
(2) The national and county governments shall ensure that

all health facilities have qualified personnel and sufficient
facilities and equipment to correctly diagnose, manage and offer

informed counselling and professional advice on intersex persons.
Research related to 64. (1) The national government shall promote and
reproductive issues of
inter-sex persons. facilitate research in connection with the prevention, diagnosis,
management and treatment of medical and reproductive
conditions which affect intersex persons.
(2) The National Government shall develop policies,

standards and guidelines on the prevention, diagnosis, treatment
and management of medical conditions affecting intersex
persons.
(3) In the formulation of policies and standards under this

section, the national government shall be guided by the following
principles—
(a) all management and treatment interventions

should respect the client’s right to bodily
autonomy;
(b) the right to the highest attainable standard of

mental healthcare including psychosocial
support.
(c) the best interests of the child should be the

primary consideration in the treatment and
management of any medical conditions in
intersex children;
(d) the right of all persons to affordable, accessible

and quality health-care without discrimination;
(e) the right of all persons to emergency medical

treatment without discrimination;
(f) the right to privacy and confidentiality;
(g) the right to dignified treatment and care in a

health facility;
(h) the right to scientifically accurate, evidence-

based reproductive and sexual health information
and education;
(i) the right to early and correct diagnosis of any

medical conditions;
Prohibition of 65. (1) A person shall not subject an intersex person to

intersex genital
mutilation without intersex genital cutting which includes―
consent.
(a) forced or coerced sterilization;
(b) forced gender assignment surgery;
(c) forced genital examinations;
(d) forced human experimentation.
(2) A health-care provider shall ensure that an intersex

person shall give informed consent to all surgical and non-
surgical medical procedures.
(3) Where the intersex person is a child, the parent or

guardian shall give the informed consent to all surgical and non-
surgical medical procedures.
Incapacitating an 66. (1) A healthcare provider who, by any surgical or non-

intersex from
reproducing. surgical procedure, renders an intersex person incapable of sexual
reproduction without prior, express or informed consent of that
person commits an offence.
(2) A healthcare provider who, by any surgical or non-

surgical procedure, renders an intersex person incapable of sexual
reproduction having obtained consent through force, inducement
misinformation, or intimidation commits an offence.
(3) It is no defence to a charge under this section that

parental consent was sought where an intersex client is a child or
infant.
(4) A person found guilty of an offence under this section

shall, on conviction, be liable to a fine not exceeding one million
shillings or to a term of imprisonment not exceeding two years,

or to both.
Prohibition against 67. (1) A health-care provider who performs cosmetic

involuntary cosmetic
genital surgery. genital surgery on an intersex person without prior, express or
informed consent of that person commits an offence.
(2) A health-care provider who performs cosmetic genital

surgery on an intersex person having obtained consent through
force or by means of willful misinformation, threats or
intimidation commits an offence.
(3) It is no defence to a charge under this section that

parental consent was sought where an intersex person is a child or
infant.
(4) A person guilty of an offence under this section shall, on

conviction, be liable to a fine not exceeding one million shillings
or to a term of imprisonment not exceeding two years, or to both.
Prohibition against 68. (1) A person who administers hormones to an intersex

involuntary hormone
administration person without prior consent commits an offence.
against an intersex.
(2) A person who administers hormones to an intersex
person having obtained consent through willful
misinformation, force or by means of threats or
intimidation commits an offence.
(3) A person guilty of an offence under this section shall,

on conviction, be liable to—
(a) a fine not exceeding one million shillings or to

a term of imprisonment not exceeding two
years or to both;
(b) in the case of health-care providers,

disciplinary proceedings under Section 20 of
the Medical Practitioners and Dentists Act; and
(c) make reparations in the form of compensation

and any other form granted by a court of law.
Parent violating the 69. A child whose parent is convicted of any offence against
rights of an intersex
child. the child under this part shall be considered as a child in need of
care and protection under the Children Act.
No. 8 of 2001.
Awareness and 70. The national and county governments shall respectively
education on intersex.
undertake public education and awareness campaigns aimed at
eradicating stigma among the general public on the medical and
reproductive conditions affecting intersex persons.
Publishing and 71. The national and county governments shall

publicizing
information on respectively ensure the publishing and publicizing of
intersex. comprehensive and accurate information on medical and
reproductive conditions affecting intersex persons.
PART XIII― TERMINATION OF PREGNANCY
Sanctity of life 72. (1) Every person has the right to life;
(2) The life of a person begins at conception.
(3) A person shall not be deprived of life intentionally,

except to the extent authorized under Article 26 of the
Constitution, this Act, or any other written law.
73. Abortion is not permitted unless in the opinion of a

Termination of
pregnancies in trained health professional―
selected cases
(a) there is need for emergency treatment;
(b) the life or health of the mother is in danger;
(c) the pregnancy is as a consequence of a rape or

defilement and endangers the physical, mental,
psychosocial or social wellbeing of the woman.
Non-directive
counselling.
74. A trained health professional shall offer non-directive
counselling before and after the termination of a pregnancy.
Persons authorised to
terminate pregnancy.
75. Termination of pregnancy shall be performed by a
trained health professional.
Conscientious 76. (1) A trained health professional, who has a

objector’s duty to
refer. conscientious objection to the termination of pregnancy as
provided under this Act, has a legal duty to record the objection
in writing, and undertake a timely, appropriate and effective
referral of the pregnant woman to a trained health professional
who is willing to provide this service.
(2) A trained health professional shall not exercise

conscientious objection in cases of emergency treatment that may
cause the loss of life of the mother.
Consent for 77. (1) Subject to the provisions of this Act, termination of
termination of
pregnancy. pregnancy may take place as provided under this Act―
(a) with the consent of the pregnant woman;
(b) in the case of a pregnant minor, with the consent

of the parents, guardian or such other persons with
parental responsibility over the said minor,
provided that the best interests of the minor shall
prevail as provided under this Act;
(c) in the case of a person living with mental or

intellectual disability, on the basis of the free and informed
consent, after providing the support that the person may
require in making the decision on termination of
pregnancy―
(i) after consultation with the parents, guardian or

such other persons with legal responsibility
over the said person; or
(ii) where the person is committed to an

institution, with the consent of the legal
guardian of that person or where such
guardian is unknown or cannot be traced, with
the consent of the senior most officer in the
institution taking into account the best interest
of the person living with mental disability.
Post-abortion 78. A trained health professional shall provide post-abortion

care.
care for cases of incomplete abortion and related complications.
PART XIV― FORCED OR COERCED

STERILIZATION
Sterilization as a
form of
contraception. 79. (1) Sterilization shall be an acceptable form of
permanent contraception if conducted with the full, free and
informed consent of a person.
(2) Sterilization may be performed on a person if that person

is―
(i) medically assessed as capable of consenting; and
(ii) above eighteen years.
(3) A person shall not perform forced, coerced or otherwise

involuntary sterilization.
(4) For the purposes of this Act, ‘‘consent’’ means consent

given freely and voluntarily without any inducement and may
only be given if the person giving it has—
(i) been given a clear explanation and adequate

description of the proposed plan of the
procedure and consequences, risks and the
reversible or irreversible nature of the
sterilization procedure;
(ii) been advised that the consent may be

withdrawn any time before the treatment; and
(iii)signed a consent form that shall be prescribed

by the Ministry of Health.
(5) A licensed medical doctor shall perform a sterilization

procedure to a person after seven days of receipt of such request.
(6) No person shall be sterilized on the ground of HIV,

disability, unclear sex, tribe, race or ethnic origin.
(7) A person who performs sterilization without consent as

defined in this Act is guilty of an offence and is liable upon

conviction to a fine not exceeding five million shillings or to
imprisonment for a period not exceeding five years, or to both.
PART XV― MENSTRUAL HYGIENE AND RIGHTS
Content of 80. (1) Menstrual hygiene management includes―

menstrual
hygiene
management.
(a) Measures to reduce the stigmatization of
menstruation;
(b) access by women, girls and intersex persons to

clean disposable and re-usable sanitary towels;
(c) free access by school-going girls and intersex

persons of disposable and re-usable sanitary
towels;
(d) access to clean and private facilities for

women, girls and intersex persons to change
sanitary towels as often as necessary for the
duration of the menstrual period;
(e) access by women, girls and intersex persons to

soap and water for hygiene and sanitation in
public spaces; and
(f) availability of dignified facilities to dispose of

used menstrual management materials.
(2) A health facility, school or any other public facility shall

establish menstrual hygiene spaces that are clean, safe and
dignified that meet the requirements as prescribed.
(3)The national and county governments shall respectively

integrate information on menstrual health, hygiene and sanitation
awareness in public health campaigns.
(4) The national government shall provide free, sufficient

and quality sanitary towels and an environmentally friendly
mechanism for disposal of the sanitary towels to every girl or
intersex person who has reached puberty and is enrolled in a

public basic education institution.
(5) The Ministry responsible for gender and/or education

shall conduct continuous education to demystify the cultural and
religious stigma attached to menstruation.
PART XVI―THE NATIONAL REPRODUCTIVE

HEALTH CARE ADIVSORY COMMITTEE
Establishment of 81. (1) There is established a body to be known as the

Committee.
National Reproductive Health Care Advisory Committee in the
Ministry responsible for Health.
(2) The secretariat of the National Committee shall be based

in Nairobi.
Functions of the 82. The functions of the National Committee are to―
committee
(a) propose and formulate draft laws, rules,

regulations, guidelines, policies and other matters
for the implementation of reproductive health care
rights;
(b) advise the Cabinet Secretary on proposed laws,

rules, regulations, guidelines, policies and other
matters relating to reproductive health care;
(c) advise the Cabinet Secretary on budgetary

estimates for implementation of proposed laws,
rules, regulations, guidelines, policies and other
matters relation to reproductive health care;
(d) ensure the co-ordination and implementation of

national government policies, regulations and
obligations under national and international laws
relating to reproductive health care rights;
(e) collate data and carry out research to monitor and

evaluate progress on the implementation of laws,
rules, guidelines and policies of reproductive
health care rights;
(f) in conjunction with other relevant bodies, carry

out regular surveys in all aspects of reproductive
health in order to establish the status of the
cultural and other practices on reproductive health
and well-being;
(g) receive reports from counties on reproductive

health care trends for policy intervention;
(h) develop policies to protect all persons from

practices that violate their reproductive health
rights;
(i) provide administrative guidance to the

Committee’s secretariat; and
(j) carry out such duties or functions as may be

necessary to achieve the objects and purposes of
this Act.
Members of the 83. (1) The National Committee shall consist of-
Committee
(a) a chairperson appointed by the Cabinet Secretary for the

time being responsible for health;
(b) the Principal Secretary, responsible for health or a person

designated by the Principal Secretary;
(c) the Principal Secretary responsible for education or a

person designated by the Principal Secretary;
(d) the Chair of the County Governors’ Health Committee or

his or her representative;
(e) the Director of the National Council for Population and

Development;
(f) a representative nominated by the Kenya Medical

Practitioners and Dentists Council with expertise on
reproductive health;
(g) a pharmacist nominated by the Pharmacy and Poisons

Committee;
(h) a representative of the Nursing Council of Kenya;
(i) a representative of faith-based organizations appointed by

the Inter-religious Council of Kenya;
(j) one civil society organization working in the area of

advanced reproductive health care and gerontological
issues for advanced reproductive aged and gerontological
persons;
(k) one representative from Kenya National Commission on

Human Rights Commission with expertise on adolescent
and young persons’ reproductive health;
(l) one representative from the Law Society of Kenya with

expertise on women reproductive health;
(m) one representative of the professional medical bodies;
(n) one representative from the private sector in the medical

professional; and
(o) two young persons, of either gender representing the

youth with a proven record of knowledge, experience and
commitment to advocacy for reproductive health care, one
of whom must be an intersex person or a person with
disability, and nominated by the Cabinet Secretary.
(1) In appointing persons under section 1 (d) to (o), regard

shall be had of equitable ethnic and gender representation.
(2) A person shall not be eligible for nomination under sub-

section (1), if that person does not fulfill the requirements of
Chapter Six of the Constitution.
(3) The Ministry of Health shall provide secretariat services

to the National Committee.
PART XVII—COUNTY REPRODUCTIVE HEALTH

CARE ADVISORY COMMITTEES
Establishment of 84. There is established in every County a County

county committees.
Reproductive Health Care Advisory Committee.
Composition of 85. (1) The County Reproductive Health Care Advisory

committees.
Committee shall comprise of —
(a) the County Executive Committee Member
responsible for health, who shall be the chairperson;
(b) the County Executive Committee Member

responsible for education;
(c) the County Executive Committee Member

responsible for finance;
(d) the County Executive Committee Member

responsible for children and youth;
(e) the County Executive Committee Member

responsible for women;
(f) the County Executive Committee Member

responsible for mature and older persons;
(g) the County Executive Committee Member

responsible for disabled persons;
(h) two other persons, appointed by the County

Executive Committee Member responsible for health
amongst persons who have served with distinction in
the public, civil society, community-based
organizations, religious or private sector, who has
knowledge and experience in matters relating to
reproductive rights and health service;
(i) one person appointed by the County Executive

Committee Member responsible for health
representing practicing health professionals; and
(j) the County Director of health who shall be the

secretary to the Committee.
(2) The County Executive Committee Member responsible

for Health shall, by regulation, prescribe the procedure for
nominating members appointed under subsection 1 (h) and (i);
(3) In appointing and constituting the County Reproductive
Health Care Advisory Committee members under subsection 1
(h) and (i), due regard shall be paid to the constitutional principles
of youth, gender and ethnic representation.
(4) The County Department of Health shall provide
secretariat services to the committee.
Function of the 86. (1) The County Reproductive Health Care Advisory
County Reproductive
Committee shall—
Health Care
Advisory Committee.
(a) advise the Governor in all matters regarding

reproductive health, maternal and child healthcare
services in the County;
(b) advocate for prioritization and investment in

interventions aimed at reducing new-born, child and
maternal morbidity and mortality rates in the
county;
(c) ensure equitable access to reproductive health and

services in the county and improve responsiveness
to the needs of the mother and the child;
(d) require the County Department of Health to

undertake periodic inquiry into reproductive health
and services including maternal, paternal, new-born
and child deaths and prepare an annual status report
to be published and publicized;
(e) encourage community engagement and

accountability in the promotion and delivery of
reproductive health care including maternal, new-
born and child health services in the County;
(f) ensure availability and improve quality of

integrated reproductive health care, including
maternal, new-born and child health services within

the county; and
(g) perform any other functions assigned to it under this

Act or any other written law that is necessary for the
achievement of the objectives of this Act
Duties of the county 87. (1) The County Department responsible for Health
department of health.
shall monitor and evaluate the performance of all reproductive,
including maternal, new-born and child health service providers
to ensure compliance with the intent and purposes of this Act.
(2) The County Department responsible for Health shall

implement the National Government policies on reproductive
health and services including maternal, new-born and child
health standard for the relevant health services providers.
(3) The County Department responsible for health shall

develop programs and training, which shall be made available to
all reproductive health including maternal, new-born and child
health service providers and their staff.
Public awareness at 88. (1) The national and county departments of health shall
county levels. respectively facilitate adequate education and public awareness
programmes to ensure implementation of this Act.
County governments’ 89. (1) Each county government shall-

obligation.
(a) encourage and support education and scientific

research in the field of reproductive rights including
maternal, new-born, child-health, adolescents,
persons with disability, intersex persons, advanced
reproductive age persons, and gerontological
persons;
(b) popularize the advanced and practical technique for

reproductive health care for all;
Recognition of efforts 90. A county government may formulate programs to

made in reproductive
recognise or award organizations and individuals who have made
works and service
remarkable achievements, including significant scientific
research, in the work of reproductive rights and service provision

with a focus on maternal, new-born and child health.
Report to County 91. (1) The Executive Committee Member responsible

Assembly.
for Health in each county shall prepare and submit an annual
report to the County Assembly on the status of reproductive
rights and health with special regard to maternal, new-born and
child health services in the county.
(2) The report shall contain—

(a)the general status of reproductive health care and
services and indicators in the County;
(b) state of funding of reproductive health care and

services in general;
(c)state of funding for maternal, new-born and child

health services in the county;
(d) the availability and state of health facilities

relating to reproductive services and those
dedicated to maternal, new-born and child health
services in the county;
(e)staffing levels and skills for maternal, new-born

and child health services relative to service-
seekers in the county;
(f) status of reproductive service health commodities,

supplies and equipment in the county with a
special focus on maternal, new-born and child;
(g) recommendations on specific actions to be taken

in enhancing access to quality reproductive health
care and especially of maternal, new-born and
child-health services in the county; and
(h) any other information relating to reproductive

health services.
(3) Where any recommendations contained in a report

submitted under subsection (1) have not been implemented, the
Executive Committee Member shall report to the County

Assembly the reasons thereof.
Public participation 92. (1) The Executive Committee Member responsible for
on reproductive
Health in each county shall convene an annual citizens’ open day
health care services.
to review, discuss and make recommendations with members of
the public for improvement of reproductive health care provision
in the county with a focus on maternal, new-born and child
health.
(2) A notice under subsection (1) shall be made to the public

through county e-platforms and other mass media at least
fourteen days before the date of the event.
PART XIII – MISCELLANEOUS PROVISION
Offences and 93. A person who contravenes any provision of this Act to
Penalties
which no express penalty has been prescribed, commits an
offence and shall, on conviction, be liable to a fine not exceeding
one million shillings or to a term of imprisonment not exceeding
two years, or to both.
Regulations. 94. The Cabinet Secretary shall in consultation with the

Committee and other regulatory health bodies, make regulations
or any other statutory instrument necessary to promote the
objects of this Act.
MEMORANDUM OF OBJECTS AND REASONS
The Bill seeks to make provision for the actualization of reproductive rights. The right to make
free and informed decisions, which is central to the exercise of any right, shall not be subjected to
any form of coercion and must be fully guaranteed by the State. Respect for protection and
fulfillment of reproductive health and rights which seek to promote the rights and welfare of every
person without discrimination and which covers a life-cycle approach including adolescents,
young-age groups, advanced age group, gerontological persons, disabled and intersex persons.
The Bill also seeks to deal with the issue of inadequate facilities at county government hospitals,
especially in terms of emergency services including but not limited to ambulatory services and
equipment for intensive care services and gynecological services as well.
The Bill seeks to bring forth the issue of reproductive health for the adolescent and mentally and
physically disabled persons, which has been neglected.
Statement on the delegation of legislative powers and limitation of fundamental rights and
freedoms
The Bill does delegate legislative powers but does not limit fundamental rights and freedoms.
Statement of how the Bill concerns county governments
The Bill concerns county governments in terms of Article 110(a) of the Constitution as it affects
the functions and powers of County Governments set out in the Fourth Schedule. The issue of
healthcare and especially provision of health facilities affect the functions of county governments.
The enactment of this Bill may occasion additional expenditure of public funds.
Dated the ................................................................................................................2022.
MILLIE ODHIAMBO MABONA

Member of Parliament

FAMILY Reproductive Health Bill Dec 2022

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

FAMILY Reproductive Health Bill Dec 2022

Uploaded by

Copyright:

Available Formats

The Family Reproductive Health Care Bill, 2022

THE FAMILY REPRODUCTIVE HEALTH CARE BILL, 2022

PART II ―REPRODUCTIVE EDUCATION AND INFORMATION

4. Reproductive health policy and reproductive health reports.

PART III- REPRODUCTIVE HEALTH FACILITIES AND SERVICES

PART IV ―ACCESS TO PRE-CONCEPTION INFORMATION AND

19. Pre-conception services.

25. Authorized persons to provide services.

PART VI- FATHERHOOD AND REPRODUCTIVE HEALTH-CARE

PART VII- REPRODUCTIVE HEALTH CARE FOR ADOLESCENTS

38. Non-qualification of rights for adolescents.

PART VIII- REPRODUCTIVE HEALTH CARE FOR YOUNG

51. Provider initiated infertility counselling for young persons

PART IX- REPRODUCTIVE HEALTH FOR ADVANCE-

53. Rights for advance-reproductive-age persons.

55. Provider-initiated information for advance-reproductive age persons.

PART X- REPRODUCTIVE HEALTH FOR GERONTOLOGICAL

PART XI - REPRODUCTIVE HEALTH CARE FOR PERSONS WITH

58. Rights of persons with disabilities.

PART XII- REPRODUCTIVE HEALTH FOR INTERSEX PERSONS

61. Rights for intersex persons.

PART XIII―TERMINATION OF PREGNANCY

72. Sanctity of life

PART XIV- FORCED AND COERCED STERILIZATION

79. Sterilization as a form of contraception.

PART XV- MENSTRUAL HYGIENE AND RIGHT

80. Content of menstrual hygiene management.

PART XVI―NATIONAL REPRODUCTIVE HEALTH CARE

81. Establishment of Committee.

PART XVII―COUNTY REPRODUCTIVE HEALTH CARE

84. Establishment of county committees.

PART XVIII― MISCELLANEOUS PROVISIONS

93. Offences and penalties.

THE FAMILY REPRODUCTIVE HEALTH CARE BILL, 2022

AN ACT of Parliament to provide for the recognition of family-focused

ENACTED by the Parliament of Kenya, as follows-

Interpretation. 2. In this Act, unless the context otherwise requires―

“access to” means the ability of an individual to acquire,

“adoption” has the meaning assigned to it under the

“adolescent” means any person aged between ten and

“Acquired Immune Deficiency Syndrome (AIDS)” has the

No. 14 of 2006. “antenatal care” includes the correct diagnosis of

in utero; and the screening and management of complications

“antenatal period” means the period beginning at the onset

“authorised facility” means a facility authorised by the

“baby in utero” means an unborn human off-spring;

"breast-feeding" means the method of feeding an infant

“Cabinet Secretary” means the Cabinet Secretary for the

“child” has the meaning assigned to it under the Children

Cap.141. “client” means any person who seeks any reproductive

“clinical officer” means a clinical officer registered and

“counselor” means a counselor registered under the

No. 14 of 2014. “county committees” mean the County Reproductive Health

“committee” means the National Reproductive Health

“contraception” means the deliberate prevention of

“contraceptive methods” refers to the means by which

“disease" refers to any physical or mental condition that

“emergency obstetric care” means the basic and

“emergency treatment” refers to the necessary immediate

“family-centered reproductive health care” refers to the

“family planning” means the conscious effort by a person to

“female genital mutilation” has the meaning assigned to it

“foetus’ means a baby in utero;