Browse an Act, find a provision and read each section in context.
Browse Acts ↓(1) No specified health service may be provided to a patient without the patient's informed consent unless— (a) the patient is unable to give informed consent and such consent is given by a person— (i) mandated by the patient in writing to grant consent on his or her behalf; or (ii) authorized to gi…
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 provision…
(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 th…
(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 damag…
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 establishment;…
(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 public…
(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…
(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 subsect…
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 into…
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 directorates…
(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 th…
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, including…
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.
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 rehabilita…
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 provi…
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 refer…
(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.
(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 (b) each…
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 coll…
The Forum shall meet at least twice a year.
The Forum shall regulate the conduct and regulation of the business and affairs of the Forum.
(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 Principa…
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 another; (d)…
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…
(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 fr…
(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.
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.
(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…
(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 particu…
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.