Section 15 of Health Act No 21 of 2017: 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 sector stakeholders and the public for the progressive realization of the highest attainable standards of health including reproductive health care and the right to emergency treatment;
(b) develop and maintain an organizational structure of the Ministry at the national level comprising of technical directorates;
(c) ensure the implementation of rights to health specified in the Bill of Rights and more particularly the progressive realization of the right of all to the highest attainable standard of health including reproductive health care and the right to emergency treatment;
(d) ensure, in consultation and collaboration with other arms of government and other stakeholders, that there is stewardship in setting policy guidelines and standards for human food consumption, dietetic services and healthy lifestyle;
(e) offer technical support at all levels with emphasis on health system strengthening;
(f) develop policy measures to promote equitable access to health services to the entire population, with special emphasis on eliminating the disparity in realization of the objects of this Act for marginalized areas and disadvantaged populations;
(g) develop and promote application of norms and standards for the development of human resources for health including affirmative action measures for health workers working in marginalized areas;
(h) provide for medical audit of deaths with a special emphasis on maternal and neonatal deaths as a tool for the further development of obstetric and neonatal care;
(i) put in place policy intervention measures to reduce the burden of communicable and non-communicable diseases, emerging and reemerging diseases and neglected diseases;
(j) develop, through regulatory bodies, standards of training and institutions providing education to meet the needs of service delivery; (k) set guidelines for the designation of referral health facilities;
(l) through respective regulatory bodies to develop and ensure compliance on professional standards on registration and licensing of individuals in the health sector;
(m) co-ordinate development of standards for quality health service delivery;
(n) provide for accreditation of health services;
(o) co-ordinate through the established intergovernmental relations mechanisms all health aspects of disaster and emergencies;
(p) ensure through intergovernmental mechanisms that financial resources are mobilized to ensure uninterrupted access to quality health services country wide;
(q) promote the development of public and private health institutions to ensure their efficient and harmonious development and in the common interest work towards progressive achievement of the right to health;
(r) provide for the development and expansion of a countrywide national health information management system;
(s) facilitate all forms of research that can advance the interests of public health;
(t) develop and manage the national and specialized health referral facilities;
(u) promote the use of appropriate health technologies for improving the quality of health care;
(v) provide policy guidelines and regulations for hospital waste management and conduct of environmental health impact assessment;
(w) collaborate in the common interest with the health authorities of other countries and with regional and international bodies in the field of health;
(x) establish an emergency medical treatment fund for emergencies to provide for unforeseen situations calling for supplementary finance;
(y) provide policy guidelines in public-private partnerships for health to enhance private sector investment; and
(z) provide policy and training, maintenance of standards and coordination mechanisms for the provision of emergency healthcare.
(2) The Cabinet Secretary responsible for health in consultation through the established inter-governmental relations mechanisms shall make regulations on any matter where it is necessary or expedient in order—
(a) to implement any provision of this Act; and
(b) to implement within Kenya measures agreed upon within the framework of any treaty, international convention or regional intergovernmental agreement to which Kenya is a party.

Disclaimer: This document is not to be taken as legal advise.

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