Section 4 of Health Act No 21 of 2017: Responsibility for health
It is a fundamental duty of the State to observe, respect, protect, promote and fulfill the right to the highest attainable standard of health including reproductive health care and emergency medical treatment by inter alia—
(a) developing policies, laws and other measures necessary to protect, promote, improve and maintain the health and well-being of every person;
(b) ensuring the prioritization and adequate investment in research for health to promote technology and innovation in health care delivery;
(c) ensuring the realization of the health related rights and interests of vulnerable groups within society, including women, older members of society, persons with disabilities, children, youth, members of minority or marginalized communities and members of particular ethnic, religious or cultural communities;
(d) ensuring the provision of a health service package at all levels of the health care system, which shall include services addressing promotion, prevention, curative, palliative and rehabilitation, as well as physical and financial access to health care;
(e) ensuring adequate investment in research for health to promote technology and innovation in health care delivery.
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- Section 5 - Standard of health
(1) Every person has the right to the highest attainable standard of health whichshall include progressive access for provision of promotive, preventive, curative, palliative and rehabilitative...
- Section 6 - Reproductive health
(1) Every person has a right to reproductive health care which includes—
(a) the right of men and women of reproductive age to be informed about, and to have access to reproductive health services...
- Section 7 - Emergency treatment
(1) Every person has the right to emergency medical treatment.
(2) For the purposes of this section, emergency medical treatment shall include
—
(a) pre-hospital care;
(b) stabilizing the health...
- Section 8 - Health information
(1) Every health care provider shall inform a user or, where the user of the information is a minor or incapacitated, inform the guardian of the—
(a) user's health status except in circumstances...
- Section 9 - Consent
(1) No specified health service may be provided to a patient without the patient's informed consent unless—
(a) the patient is unable to give informed consent and such consent is given by a...
- Section 10 - Information dissemination
The national government, county governments and every organ having a role or responsibility within the National Health System, shall ensure that appropriate, adequate and comprehensive information is...
- Section 11 - Confidentiality
(1) Information concerning a user, including information relating to his or herhealth status, treatment or stay in a health facility is confidential except where such information is disclosed under...
- Section 12 - Healthcare providers
(1) The Rights and duties of healthcare providers shall include—
(a) not to be unfairly discriminated against on account of any of the grounds set out in Article 27(4) of the Constitution;
(b) the...
- Section 13 - Duty of users
A user of the health system has the duty, in the absence of any observable incapacity—
(a) to adhere to the rules of a health facility when receiving treatment or using the health services provided...
- Section 14 - Complaints
(1) Any person has a right to file a complaint about the manner in which he or she was treated at a health facility and have the complaint investigated appropriately.
(2) The relevant national and...
- Section 15 - Duties of national government
(1) The national government ministry responsible for health shall—
(a) develop health policies, laws and administrative procedures and programmes in consultation with county governments and health...
- Section 16 - Office of the Director-General
(1) There shall hereby be established the office of the Director-General forhealth.
(2) The Director General for health shall be recruited by the Public Service Commission through a competitive...
- Section 17 - Functions of the Director-General
The Director-General shall—
(a) be the technical advisor to the Government on all matters relating to health within the health sector;
(b) be the technical advisor to the Cabinet Secretary of...
- Section 18 - Directorates
For purposes of section 15(1)(b), the Cabinet Secretary shall— (a) form directorates to deal with the following matters—
(i) medical services;
(ii) nursing;
(iii) pharmaceutical...
- Section 19 - County health system
(1) There shall be established with respect to every county, a county executive department responsible for health, which shall be in line with the health policy guidelines for setting up county health...
- Section 20 - Duties of county government
The county government in furtherance of the functions assigned to it under the Fourth Schedule of the Constitution shall be responsible for—
(a) implementing the national health policy and standards...
- Section 21 - Coordination
The National Health System shall work in a manner that respects the distinct levels of government, while respecting the principles of cooperation and coordination as outlined in this Act and in...
- Section 22 - Public health facilities
The national and county governments shall ensure the progressively equitable distribution throughout the country of such publicly owned health institutions, including hospitals, health centers,...
- Section 23 - Public private partnership
Notwithstanding the provisions of section 65 and subject to any other law regulating public-private partnerships, nothing under this Act shall prevent the national and county governments from entering...
- Section 24 - 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...
- 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...