- 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.
- Section 62 of Health Act No 21 of 2017: 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 of Health Act No 21 of 2017: 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 manufacturing, storage and distribution facilities of health products and technologies;
(d) control...
- Section 64 of Health Act No 21 of 2017: 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 recognized standards and approval may be made subject to conditions, notably with respect to the...
- Section 65 of Health Act No 21 of 2017: 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 regulatory body established under this Part.
(2) Any person, firm or institution in the possession of...
- Section 66 of Health Act No 21 of 2017: 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 therapeutic or the intended effect it claims to possess or which may reasonably be attributed to...
- Section 67 of Health Act No 21 of 2017: 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 arrangements for medicine and medical products agreed upon.
(2) The classes of products procured by Kenya...
- Section 68 of Health Act No 21 of 2017: 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 reduce the burden imposed by communicable and non-communicable diseases and neglected diseases,...
- Section 69 of Health Act No 21 of 2017: 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 include—
(a) ensuring and promoting the provision of quarantine especially in ports, borders and...