Section 24 of Health Act No 21 of 2017: Retention of service provision
Without prejudice to the distribution of health functions and services between the national and county levels of government as set out in Fourth Schedule of the Constitution, the national Government shall manage and be responsible for—
(a) any public health institution classified as a national referral facility under this Act;
(b) any institution or service dependent for its function on expertise that is a shared resource as classified from time to time in regulations under this Act;
(c) laboratories and other institutions designated as serving a national rather than a regional purpose;
(d) regulation of health products and health technologies including assessment, licensing and control of commercial and industrial activities;
(e) facilitation through inter-governmental institutions, procurement and supply chain management of public health goods including vaccines, pharmaceutical and non-pharmaceuticals for the purpose of ensuring control of highly infectious and communicable health conditions, putting measures for quality assurance and standards as well as measures for guarding against resistance strains in the interest of public health; and
(f) any health care function or service that is not otherwise assigned to the county government.
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- Section 25 - Classification of levels of health care
(1) The technical classification of levels of health care shall be as set out in the First Schedule.
(2) Subsection (1) shall not apply to a health facility under the management of a county...
- Section 26 - Establishment of Forum
(1) There is established a Health Sector Inter-Governmental ConsultativeForum, in line with the provisions of the Inter-Governmental Relations Act (No. 2 of 2012) and any applicable law.
(2) The...
- Section 27 - Purpose of the Forum
The Forum shall—
(a) develop criteria and framework for determining matters requiring intergovernmental consultation; and
(b) develop inter-governmental agreements for joint implementation of any...
- Section 28 - Meetings of the Forum
The Forum shall meet at least twice a year.
- Section 29 - Conduct of Business
The Forum shall regulate the conduct and regulation of the business and affairs of the Forum.
- Section 30 - Establishment of the Council
(1) There is established a Kenya Health Human Resource Advisory Council which shall consist of—
(a) a Chairperson, who shall be appointed by the Cabinet Secretary;
(b) the Principal Secretary for...
- Section 31 - Functions of the Council
The Council shall review policy and establish uniform norms and standards for
—
(a) posting of interns to National Government and County Government facilities;
(b) inter county transfer of...
- Section 32 - Powers of the Council
The Council shall have all powers necessary for the proper performance of its functions under this Act and in particular, but without prejudice to the generality of the foregoing, the Council shall...
- Section 33 - Chief Executive Officer
(1) The Public Service Commission shall, through an open and transparent process, recruit a Chief Executive Officer who shall be appointed by the Council.
(2) A person is qualified for appointment as...
- Section 34 - Conduct of business and affairs of the Council
(1) The conduct and regulation of the Business and affairs of the Council shallbe as provided in the Second Schedule.
(2) Except as provided in the Second Schedule, the Council may regulate its own...
- Section 35 - Delegation by the Council
The Council may, by resolution generally or in any particular case, delegate to any committee of the Council or to any member, officer, employee or agent of the Council, the exercise of any of the...
- Section 36 - Tenure of office
(1) The chairperson and the members of the Council, other than the exofficio members, shall hold office for a term of five years and shall be eligible for reappointment for one further term.
(2) The...
- Section 37 - Staff of the Council
(1) The Council may competitively appoint suitably qualified staff as may be necessary for the efficient performance of the functions of the Council.
(2) In the appointment of the staff of the...
- Section 38 - Terms and conditions of service
The staff of the Council shall serve on such terms of service as the Council, on recommendation of the Salaries and Remuneration Commission may determine.
- Section 39 - Protection from liability
(1) A member of the Council or any person working under the instructions of the Council shall not be personally liable for any act or default of the Council done or omitted to be done in good faith in...
- Section 40 - Funds of the Council
The funds of the Council shall comprise—
(a) such funds as may be appropriated by the Parliament;
(b) such monies or assets as may accrue to or vest in the Council in the performance of its...
- Section 41 - Financial year
The Financial year of the Council shall be the period of twelve months ending on the thirtieth day of June in every year.
- Section 42 - Annual estimates
(1) The Council shall, at least three months before the commencement of each financial year, cause to be prepared estimates of revenue and expenditure of the Council for that financial year.
(2) The...
- Section 43 - Accounts and audit
(1) The Council shall cause to be kept all proper books of records of accounts of the income, expenditure, assets and liabilities of the Council.
(2) The accounts of the Council shall be audited and...
- Section 44 - Investment of funds
The Council may, subject to the approval of the Cabinet Secretary for the time being responsible for matter relating to finance invest any of the funds of the Council in securities in which, for the...
- Section 45 - Establishment of the Authority
(1) There is established an Authority known as the Kenya Health Professions Oversight Authority.
(2) The Authority shall be a body corporate with perpetual succession and a common seal, and shall in...
- Section 46 - Board of the Authority
(1) The Authority shall be administered by a Board which shall consist of—
(a) a chairperson appointed by the Cabinet Secretary who shall be a health professional who meets the requirements of...
- Section 47 - Powers of the Board
The Board shall have all powers necessary for the proper performance of its functions under this Act and in particular, but without prejudice to the generality of the foregoing, shall have power...
- Section 48 - Functions of the Authority
(1) The functions of the Authority shall be to—
(a) maintain a duplicate register of all health professionals working within the national and county health system;
(b) promote and regulate...
- Section 49 - Chief Executive Officer
(1) The Public Service Commission shall, through an open and transparent process, recruit a Chief Executive Officer who shall be appointed by the Authority.
(2) A person is qualified for appointment...
- Section 50 - Conduct of business and affairs of the Authority
(1) The conduct and regulation of the business and affairs of the Board shall be as provided in the Third Schedule.
(2) Except as provided in the Third Schedule, the Authority may regulate its own...
- Section 51 - Delegation by the Authority
The Authority may, by resolution generally or in any particular case, delegate to any committee of the Authority or to a member, officer, employee or any agent of the Authority, the exercise of any of...
- Section 52 - Staff of the Authority
(1) The Board may competitively appoint suitably qualified staff as may be necessary for the efficient performance of the functions of the Board.
(2) In appointment of the staff of the Board, the...
- Section 53 - Terms and conditions of service
The staff of the Board shall serve the Board on such terms of service as the Board, on recommendation of the Salaries and Remuneration Commission may determine.
- Section 54 - Protection from liability
(1) A member of the Board, or an officer, employee or agent of the Authority or any person acting under their direction is not liable for any matter or things if that matter or thing is done in good...
- Section 55 - Funds of the Authority
The funds of the Authority shall comprise—
(a) such funds as may be appropriated by Parliament;
(b) such monies or assets as may accrue to or vest in the Authority in the performance of its...
- Section 56 - Financial year
The financial year of the Authority shall be the period of twelve months ending on the thirtieth day of June in every year.
- Section 57 - Annual estimates
(1) The Board shall, at least three months before the commencement of each financial year, cause to be prepared estimates of revenue and expenditure of the Authority for that financial year.
(2) The...
- Section 58 - Investment of funds
The Board may, subject to the approval of the Cabinet Secretary for the time being responsible for matter relating to finance invest any of the funds of the Authority in securities in which, for the...
- Section 59 - Accounts and Audit
(1) The Board shall cause to be kept all proper books and records of accounts of the income, expenditure, assets and liabilities of the Authority.
(2) The Accounts of the Authority shall be audited...
- Section 60 - Relationship with other regulatory bodies
(1) The obligation to inspect, monitor and evaluate the standard of performance in all the services regulated and professionals engaged in the health sector, both public and private shall be...
- Section 61 - Formation of professional bodies
Any health professionals seeking to form a professional regulatory body must adhere to the criteria prescribed by the Cabinet Secretary in consultation with the Authority.
- Section 62 - Establishment of a single regulatory body for health products and technologies
There shall be established by an Act of Parliament, a single regulatory body for regulation of health products and health technologies.
- Section 63 - Functions of the regulatory body
(1) The regulatory body shall—
(a) licence health products and health technologies;
(b) licence manufacturers and distributors of health products;
(c) conduct laboratory testing and inspection of...
- Section 64 - Conditions
Legislation under section 62 shall provide for the granting of marketing approval only by a technically competent body after appropriate assessment has established that such a product meets generally...
- Section 65 - Licences
(1) No person, firm or institution may engage in one or more of the activitiesspecified in section 63(1) whether by way of trade or otherwise, unless one has a valid licence granted by the single...
- Section 66 - Standards
Any medicine, vaccine or other health product and technology intended for sale to members of the public shall be eligible for licensing only if—
(a) after due assessment, it is found to achieve the...
- Section 67 - Procurement of health products and technologies
(1) The procurement for the public health services of health products and technologies shall be undertaken in line with the Public Procurement and Disposal Act as well as the inter-governmental...
- Section 68 - Public and environmental health
(1) The National health system shall devise and implement measures to promote health and to counter influences having an adverse effect on the health of the people including—
(a) interventions to...
- Section 69 - Policies
Pursuant to meeting the objects set out in section 68, the national government department of health shall formulate national strategic and operation policies that shall provide for measures that...
- Section 70 - Amendment of Cap. 242
The Public Health Act (Cap. 242) is amended by deleting the expression "Director of Medical Services" and substituting therefor the expression "Director General for health", wherever it appears.
- Section 71 - Lactation stations in the workplace
(1) All employers shall in the workplace establish lactation stations which shall be adequately provided with necessary equipment and facilities including hand washing equipment, refrigerates or...
- Section 72 - Provision of break intervals for nursing employees
(1) An employer shall grant all nursing employees break intervals in addition to the regular times off for meals to breast feed or express milk.
(2) The time intervals referred to in subsection (1)...
- Section 73 - Mental health
There shall be established by an Act of Parliament, legislation to—
(a) protect the rights of any individual suffering from any mental disorder or condition;
(b) ensure the custody of such persons...
- Section 74 - Promotion of practice
(1) The national government department of health shall formulate policies to guide the practice of traditional and alternative medicine.
(2) The county executive department for health shall ensure...