Section 52 of Health Act No 21 of 2017: 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 Board shall comply with the values and principles set out in the Constitution and in particular—
(a) afford adequate and equal opportunities for appointment and advancement at all levels, of men and women, members of all ethnic groups and persons with disabilities;
(b) exercise transparency in the recruitment process; and
(c) ensure competitive recruitment and selection on the basis of personal integrity, competence and suitability.
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- 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...
- 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...