Section 68 of Health Act No 21 of 2017: 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 reduce the burden imposed by communicable and non-communicable diseases and neglected diseases, especially among marginalized and indigent population;
(b) interventions to promote healthy lifestyle including physical activity, counter the excessive use of alcoholic products and the adulteration of such products, reduce the use of tobacco and other addictive substances and to counter exposure of children and others to tobacco smoke;
(c) the promotion of supply of safe foodstuffs of sufficient quality in adequate quantities and the promotion of nutritional knowledge at all population levels;
(d) general health education of the public; and
(e) a comprehensive programme to advance reproductive health including—
(i) effective family planning services;
(ii) implementation of means to reduce unsafe sexual practices;
(iii) adolescence and youth sexual and reproductive health;
(iv) maternal and neo-natal and child health;
(v) elimination of female genital mutilation; and
(vi) maternal nutrition and micro nutrient supplementation.
(2) The national health system shall ensure that measures for managing environmental risk factors to curtail occurrence and distribution of diseases are put in place and implemented. In particular such measures shall target—
(a) the reduction of disease burden arising from poor environmental hygiene, sanitation, occupational exposure and environmental pollution;
(b) the reduction of morbidity and mortality of waterborne, food-borne and vector transmitted diseases, and mitigate the health effects of climate change;
(c) the reduction of morbidity, mortality, prolonged hospital stays, long term disabilities, antibiotic resistance that emanate from health care acquired infections;
(d) the strengthening of national and county capacity to address or forestall transmission of diseases of international concern; and
(e) building community capacity in providing solutions to public health challenges.
Enhance Your Research with Bookmarks and Annotations
Here's how you can use these features:
- To bookmark this page, click the "Bookmark this Page" button below the document title.
- To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
- These features are great for organizing your research and keeping track of key information.
- You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.
- 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...
- Section 75 - Regulation of practice on traditional medicine
(1) There shall be established regulatory body by an Act of Parliament, to regulate the practice of traditional medicine and alternative medicine.
(2) The regulatory body shall, maintain a register...
- Section 76 - Documentation and mapping
The regulatory body shall institute measures for documentation and mapping of traditional and alternative medicine practice and the county executive departments for health shall facilitate the mapping...
- Section 77 - Standardization
The national government department for health shall, in consultation with key stakeholders develop policies for standardization of traditional and alternative medicine practice.
- Section 78 - Charges
The charges levied on the practice of traditional medicine shall be approved by the Authority in consultation with statutory bodies.
- Section 79 - Referral
The national government department of health shall develop policy guidelines for referral mechanisms and a system of referrals from practitioners of traditional and alternative medicine to...
- Section 80 - Human organs transplantation
(1) No person shall remove tissue or gametes from a human being for transplantation in another human being or carry out the transplantation of such tissue or gametes except—
(a) in a duly authorized...
- Section 81 - Making of wills
(1) (a) A person who is competent to make a will may—
in the will; or
in a document signed by him or her in the presence of at least two competent witnesses who are present when he or she signs and...
- Section 82 - Donation purposes
(1) A donation under section 83 may only be made for—
(a) the purposes of the training of students in health sciences;
(b) the purposes of health research;
(c) the purposes of the advancement of...
- Section 83 - Revocation
A donor may, prior to the transplantation of the relevant organ into the donee, revoke a donation in the same way in which it was made or, in the case of a donation by way of a will or other document,...
- Section 84 - Postmortem
(1) Subject to subsection (2), a post mortem examination of the body of a deceased person may be conducted if—
(a) the person when alive gave consent thereto;
(b) the spouse(s), child, guardian,...
- Section 85 - Kenya National Blood Transfusion Service
(1) There shall be established by an Act of Parliament, a body to be known as the Kenya National Blood Transfusion Service.
(2) The legislation contemplated under subsection (1) shall provide for...
- Section 86 - Health finance
(1) The department of health shall ensure progressive financial access to universal health coverage by taking measures that include—
(a) developing mechanisms for an integrated national health...
- Section 87 - Bank account
(1) The National Treasury shall, facilitate the opening and maintenance of bank accounts by the county treasuries, for purposes of operationalizing disbursements of conditional grants, donation and...
- Section 88 - Private health services
(1) The Cabinet Secretary shall pursue strategies conducive to the development and regulation of private health services and their atonement to the needs of the population.
(2) The public and private...
- Section 89 - Licensing of private entities to operate hospitals. clinics, etc.
(1) Private entities shall be permitted to operate hospitals, clinics, laboratories and other institutions in the health sector, subject to licensing by the appropriate regulatory bodies.
(2) The...
- Section 90 - Private health workers
Private health workers appropriately qualified to practice any health profession shall similarly be entitled to practice their profession in Kenya, subject to licensing by the appropriate regulatory...
- Section 91 - Duty of licensees
(1) Institutions licensed under section 88 and private health workers licensed under section 89 shall irrespective of any specific conditions attached to such a licence be bound—
(a) to permit and...
- Section 92 - Partnership agreements
(1) Where appropriate, and subject to the provisions of the Public Private Partnerships Act (No. 15 of 2013), the Cabinet Secretary and the County Governors shall be entitled to enter into partnership...
- Section 93 - Establishment of the National Health Research Committee
(1) There shall be established by the Cabinet Secretary, a National Health Research Committee which shall be a technical committee.
(2) The membership of the Committee shall be as provided for under...
- Section 94 - Membership
The membership of the Committee established under this section shall as much as possible reflect ethnic, gender, county and regional balance and shall include membership drawn from the...
- Section 95 - Term of office
(1) The term of office of the Chairperson shall be five years, renewable for one further term of five years.
(2) The chairperson may resign through a letter addressed to the Cabinet Secretary.
(3) A...
- Section 96 - Functions of the Committee
(1) The Committee shall make recommendations on the development on the national research for health policy and on the various priorities to be accorded in the area of research for health in the light...
- Section 97 - Institute
(1) The Kenya Medical Research Institute established under the Science and Technology Act (Cap. 250) shall review its programmes to optimally attune to the health interests of the population and the...
- Section 98 - Procedures
Except as may be provided in the Fourth Schedule, the Committee may regulate its own procedure.
- Section 99 - Research Approval
(1) Where medical and scientific research is to be conducted on human subjects, details shall in all cases be submitted as per the regulations articulated under the Commission for Science, Technology...
- Section 100 - Minors
(1) Where research or experimentation is to be conducted on a minor for a therapeutic purpose, the research or experimentation may only be conducted— (a) if it is in the best interest of the...
- Section 101 - Research budget
Having regard to the necessity of both scientific and policy research in the field of health in Kenya, a portion of not less than thirty per cent of the National Research Fund shall be allocated for...
- Section 102 - Donor support and collaborative arrangements
Notwithstanding the responsibility of national government under section 92 of this Act, non-governmental and international organizations may cooperate with research institutions including the Kenya...
- Section 103 - E—health
E—Health shall be a recognized mode of health service.
- Section 104 - E—legislation
The Cabinet Secretary shall, within three years of the operation of this Act, ensure the enactment of legislation that provides for among other things—
(a) administration of health information banks...
- Section 105 - Health information system
(1) The Ministry of health shall facilitate the establishment and maintenance of a comprehensive integrated health information system.
(2) The Cabinet Secretary in consultation with the Director...
- Section 106 - Collaboration
(1) While the Cabinet Secretary responsible for health shall bear primary responsibility for this Act, the respective levels of government and other agencies of government shall collaborate, consult...
- Section 107 - Training
(1) The establishment, management and maintenance of institutions for the training of all categories of health professionals shall be the subject of national policy providing for collaboration,...
- Section 108 - Fields of collaboration
Subject to section 106, the fields in which the need for collaboration, consultation and cooperation shall be necessary include, though not exclusively, those that deal with matters relating...
- Section 109 - Existing laws
(1) Except to the extent that this Act expressly provides to the contrary, all rightsand obligations, however arising, of the Government and subsisting immediately before the effective date shall...
- Section 110 - Public service
(1) Any public officer appointed by the Public Service Commission in exercise of its constitutional powers and functions before the coming to effect of this Act and is serving under the National...
- Section 111 - General penalty
(1) A person convicted of an offence under this Act for which no penalty is provided shall, on conviction, be liable to a fine not exceeding two million shillings or to imprisonment for a term of...
- Section 112 - Regulations
The Cabinet Secretary in consultation with the Director General shall make regulations generally for the better carrying out of the provisions of this Act and without limiting the generality of the...