- Section 10 of Health Act No 21 of 2017: 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 disseminated on the health functions for which they are responsible being cognizant of the...
- Section 11 of Health Act No 21 of 2017: 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 order of court or informed consent for health research and policy planning purposes.
(2) Subject to...
- Section 12 of Health Act No 21 of 2017: 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 right to a safe working environment that minimizes the risk of disease transmission and injury or...
- Section 13 of Health Act No 21 of 2017: 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 by the establishment;
(b) to adhere to the medical advice and treatment provided by the...
- Section 14 of Health Act No 21 of 2017: 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 county governments shall establish and publish the procedure for the laying of complaints within...
- 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...
- Section 16 of Health Act No 21 of 2017: 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 process, vetted by Parliament and appointed by the Cabinet Secretary.
(3) A person appointed under...
- Section 17 of Health Act No 21 of 2017: 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 health;
(c) be responsible for preventing and guarding against the introduction of infectious diseases...
- Section 18 of Health Act No 21 of 2017: 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 services;
(iv) public health; and
(v) administrative services;
(b) notwithstanding paragraph (a), form other...
- Section 19 of Health Act No 21 of 2017: 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 system and shall in all matters be answerable to the Governor and the County Assembly subject to...
- Section 20 of Health Act No 21 of 2017: 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 as laid down by national government Ministry responsible for health;
(b) service delivery,...
- Section 21 of Health Act No 21 of 2017: 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 legislation regulating the relationships and functions of the county and national government.
- Section 22 of Health Act No 21 of 2017: 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, pharmacies, clinics and laboratories, as are deemed necessary for the promotive, preventive and...
- Section 23 of Health Act No 21 of 2017: 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 into public-private partnerships for the purpose of establishing and deepening health service...
- 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...
- Section 25 of Health Act No 21 of 2017: 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 government at the commencement of this Act.
- Section 26 of Health Act No 21 of 2017: 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 Forum shall comprise of—
(a) the Director-General for health or a designated representative; and...
- Section 27 of Health Act No 21 of 2017: 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 activities for health service delivery;
(c) be a platform for mutual consultation, coordination and...
- Section 28 of Health Act No 21 of 2017: Meetings of the Forum
The Forum shall meet at least twice a year.
- Section 29 of Health Act No 21 of 2017: Conduct of Business
The Forum shall regulate the conduct and regulation of the business and affairs of the Forum.
- Section 30 of Health Act No 21 of 2017: 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 the time being responsible for matters relating to health or a representative designated by the...
- Section 31 of Health Act No 21 of 2017: 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 healthcare professionals;
(c) transfer of healthcare professionals from one level of Government to...
- Section 32 of Health Act No 21 of 2017: 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 have power to—
(a) control, supervise and administer the assets of the Council in such manner and for...
- Section 33 of Health Act No 21 of 2017: 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 the Chief Executive Officer to the Council if the person—
(a) holds at least a degree in medicine...
- Section 34 of Health Act No 21 of 2017: 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 procedure.
- Section 35 of Health Act No 21 of 2017: 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 powers or the performance of any of the functions or duties of the Council under this Act.
- Section 36 of Health Act No 21 of 2017: 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 members of the Council shall be appointed in such a manner that the respective expiry dates of their...
- Section 37 of Health Act No 21 of 2017: 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 Council, the Council shall comply with the values and principles set out in the Constitution and in...
- Section 38 of Health Act No 21 of 2017: 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 of Health Act No 21 of 2017: 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 the course of carrying on the functions of, or exercising of powers conferred upon the Council...