- 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...
- Section 40 of Health Act No 21 of 2017: 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 functions or exercise of its powers under this Act or any other written law; and
(c) all monies from any...
- Section 41 of Health Act No 21 of 2017: 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 of Health Act No 21 of 2017: 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 annual estimates shall make provisions for all the estimated expenditure of the Council for the...
- Section 43 of Health Act No 21 of 2017: 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 reported upon in accordance with the provisions of the Public Audit Act (No. 12 of 2003).
(3) The...
- Section 44 of Health Act No 21 of 2017: 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 time being, trustees may by law invest funds or any other securities which the Treasury may, from...
- Section 45 of Health Act No 21 of 2017: 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 its corporate name be capable of—
(a) suing and being sued;
(b) acquiring, holding and disposing...
- Section 46 of Health Act No 21 of 2017: 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 Chapter six of the Constitution of Kenya;
(b) the Principal Secretary in the Ministry for the time being...
- Section 47 of Health Act No 21 of 2017: 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 to—
(a) control, supervise and administer the assets of the Authority in such manner and for such...
- Section 48 of Health Act No 21 of 2017: 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 inter-professional liaison between statutory regulatory bodies;
(c) coordinate joint inspections with all...
- Section 49 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 Authority.
(2) A person is qualified for appointment as the Chief Executive Officer to the
Authority if the person—
(a) is a health practitioner...
- Section 50 of Health Act No 21 of 2017: 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 procedure.
- Section 51 of Health Act No 21 of 2017: 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 the powers or the performance of any of the functions or duties of the Authority under this Act.
- 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...
- Section 53 of Health Act No 21 of 2017: 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 of Health Act No 21 of 2017: 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 faith for executing the functions, powers or duties of the Authority.
(2) Despite subsection (1),...
- Section 55 of Health Act No 21 of 2017: 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 functions or the exercise of its powers under this Act or any other written law; and
(c) All monies from...
- Section 56 of Health Act No 21 of 2017: 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 of Health Act No 21 of 2017: 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 annual estimates shall make provision for the estimated expenditure of the Authority for the...
- Section 58 of Health Act No 21 of 2017: 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 time being, trustees may by law invest funds or in any other securities which Treasury may, from time...
- Section 59 of Health Act No 21 of 2017: 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 and reported upon in accordance with the provisions of the Public Audit Act (No. 12 of...
- Section 60 of Health Act No 21 of 2017: 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 undertaken by the respective regulatory bodies provided that they are not in conflict with the functions of...
- Section 61 of Health Act No 21 of 2017: 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.