vaccination for children under five years of age; and

maternity care.

the right of men and women of reproductive age to be informed about, and to have access to reproductive health services including to safe, effective, affordable and acceptable family planning services;

the right of access to appropriate health-care services that will enable parents to go safely through pregnancy, childbirth, and the postpartum period, and provide parents with the best chance of having a healthy infant;

access to treatment by a trained health professional for conditions occurring during pregnancy including abnormal pregnancy conditions, such as ectopic, abdominal and molar pregnancy, or any medical condition exacerbated by the pregnancy to such an extent that the life or health of the mother is threatened. All such cases shall be regarded as comprising notifiable conditions.

pre-hospital care;

stabilizing the health status of the individual; or

arranging for referral in cases where the health provider of first call does not have facilities or capability to stabilize the health status of the victim.

user's health status except in circumstances where there is substantial evidence that the disclosure of the user's health status would be contrary to the best interests of the user;

range of promotive, preventive and diagnostic procedures and treatment options generally available to the user;

benefits, risks, costs and consequences generally associated with each option; and

user's right to refuse recommended medical options and explain the implications, risks, and legal consequences of such refusal.

the patient is unable to give informed consent and no person is mandated or authorized to give such consent, but the consent is given by the next of kin;

the provision of a health service without informed consent is authorized by an applicable law or court order;

the patient is being treated in an emergency situation;

failure to treat the user, or a group of people which includes the user, will result in a serious risk to public health; or

any delay in the provision of the health service to the patient might result in his or her death or irreversible damage to his or her health and the patient has not expressly, or by implication or by conduct refused that service.

the user consents to such disclosure in writing in the prescribed form;

a court order or any applicable law requires such disclosure; or

non-disclosure of the information represents a serious threat to public health.

not to be unfairly discriminated against on account of any of the grounds set out in Article 27(4) of the Constitution;

the right to a safe working environment that minimizes the risk of disease transmission and injury or damage to the healthcare personnel or to their clients, families or property;

the right to refuse to treat a user who is physically or verbally abusive or who sexually harasses him or her except in an emergency situation where no alternative healthcare personnel is available;

the right to apply for and accept a salaried post in the public service or the private sector.

to provide healthcare, conscientiously and to the best of their knowledge within their scope of practice and ability, to every person entrusted to their care or seeking their support;

to provide emergency medical treatment as provided for under section 7(2);

to inform a user of the health system, in a manner commensurate with his or her understanding, of his or her health status:

be displayed by all health facilities in a manner that is visible for any person entering the establishment and the procedure must be communicated to users on a regular basis; and

be primarily handled by the head of the relevant facility or any person designated by the facility as responsible for handling user complaints.

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 of health including reproductive healthcare and the right to emergency treatment;

develop and maintain an organizational structure of the Ministry at the national level comprising of technical directorates;

ensure the implementation of rights to health specified in the Bill of Rights and more particularly the progressive realization of the right of all to the highest attainable standard of health including reproductive healthcare and the right to emergency treatment;

ensure, in consultation and collaboration with other arms of government and other stakeholders, that there is stewardship in setting policy guidelines and standards for human food consumption, dietetic services and healthy lifestyle;

offer technical support at all levels with emphasis on health system strengthening;

develop policy measures to promote equitable access to health services to the entire population, with special emphasis on eliminating the disparity in realization of the objects of this Act for marginalized areas and disadvantaged populations;

develop and promote application of norms and standards for the development of human resources for health including affirmative action measures for health workers working in marginalized areas;

provide for medical audit of deaths with a special emphasis on maternal and neonatal deaths as a tool for the further development of obstetric and neonatal care;

put in place policy intervention measures to reduce the burden of communicable and non-communicable diseases, emerging and reemerging diseases and neglected diseases;

develop, through regulatory bodies, standards of training and institutions providing education to meet the needs of service delivery;

set guidelines for the designation of referral health facilities;

through respective regulatory bodies to develop and ensure compliance on professional standards on registration and licensing of individuals in the health sector;

co-ordinate development of standards for quality health service delivery;

provide for accreditation of health services;

co-ordinate through the established intergovernmental relations mechanisms all health aspects of disaster and emergencies;

ensure through intergovernmental mechanisms that financial resources are mobilized to ensure uninterrupted access to quality health services country wide;

promote the development of public and private health institutions to ensure their efficient and harmonious development and in the common interest work towards progressive achievement of the right to health;

provide for the development and expansion of a countrywide national health information management system;

facilitate all forms of research that can advance the interests of public health;

develop and manage the national and specialized health referral facilities;

promote the use of appropriate health technologies for improving the quality of healthcare;

provide policy guidelines and regulations for hospital waste management and conduct of environmental health impact assessment;

collaborate in the common interest with the health authorities of other countries and with regional and international bodies in the field of health;

establish an emergency medical treatment fund for emergencies to provide for unforeseen situations calling for supplementary finance;

provide policy guidelines in public-private partnerships for health to enhance private sector investment; and

provide policy and training, maintenance of standards and co-ordination mechanisms for the provision of emergency healthcare.

to implement any provision of this Act; and

to implement within Kenya measures agreed upon within the framework of any treaty, international convention or regional intergovernmental agreement to which Kenya is a party.

be a medical practitioner registered by the Medical Practitioners and Dentists Board;

at least be a holder of a Masters degree in public health, medicine or any other health related field;

have experience of at least ten years in management of health services, five of which must be at a senior management position; and

meet the provisions of Chapter Six of the Constitution of Kenya.

be a medical practitioner registered by the Medical Practitioners and Dentists Board;

be at least a holder of a Masters degree in public health, medicine or any other health related discipline; and

have at least five years' experience in management of health services.

be the technical advisor on all matters relating to health within the County;

be the technical advisor to the County Health Executive Committee member and the Governor;

supervise all health services including mental health services within the County;

promote the public health and the prevention, limitation or suppression of infectious, communicable or preventable diseases within the County;

prepare and publish reports and statistical or other information relative to the public health within the County;

report periodically to the Director-General for health on all public health occurrences including disease outbreaks, disasters and any other health matters; and

perform any other duties as may be assigned by the appointing authority and any other written law.

the Director-General for health or a designated representative; and

each County Director of health or a designated representative.

a Chairperson, who shall be appointed by the Cabinet Secretary;

the Principal Secretary for the time being responsible for matters relating to health or a representative designated by the Principal Secretary;

one person, not being a governor, nominated by the Council of Governors;

the Attorney-General or a representative designated by the Attorney-General;

the Director-General for health or a representative designated by the Director-General;

one representative nominated by the Public Service Commission;

one person nominated by the county directors of health;

one person nominated by the county public service boards;

three persons nominated by the public universities, private universities and mid-level institutions; and

the Chief Executive Officer who shall be an ex officio member and secretary to the Council.

suing and being sued;

acquiring, holding and disposing of movable and immovable property; and

doing or performing all such other things or acts as may be lawfully done by a body corporate.

holds at least a degree in medicine from a university recognized in Kenya, and is registered by the Medical Practitioners and Dentists Board;

has at least ten years' experience in the practice of medicine, five of which shall be experience at a senior management level; and

meets the requirements of Chapter Six of the Constitution.

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;

exercise transparency in the recruitment process; and

ensure competitive recruitment and selection on the basis of personal integrity, competence and suitability.

payment of salaries, allowances and other charges in respect of the members of staff or agents of the Council;

payment of pensions, gratuities and other charges in respect of members and other staff of the Council;

proper maintenance of buildings and grounds of the Council;

acquisition, maintenance, repair and replacement of the equipment and other movable property of the Council; and

funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment, or in respect of such other matter as the Council may deem appropriate.

a statement of income and expenditure during the year;

a statement of the assets and liabilities of the Council as of the last day of that year;

a cash flow statement for the financial year; and

any other statements and accounts that may be necessary to fully disclose the financial position of the Council.

suing and being sued;

acquiring, holding and disposing of movable and immovable property; and

doing or performing all such other things or acts as may be lawfully done by a body corporate.

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;

the Principal Secretary in the Ministry for the time being responsible for health or a designated representative;

the Director-General for health or a designated representative;

the Attorney-General or a designated representative;

two representatives nominated by the health regulatory bodies established under an Act of Parliament;

two representatives nominated by the Council of Governors;

two representatives nominated by the health professional associations registered by the Registrar of Societies who are not regulated or registered by any regulatory body;

one representative from the private sector appointed by the Cabinet Secretary;

one representative from consumer rights bodies appointed by the Cabinet Secretary; and

the Chief Executive Officer, appointed by the Authority, through a competitive process and who shall be an ex officio member and the secretary to the Authority.

maintain a duplicate register of all health professionals working within the national and county health system;

promote and regulate inter-professional liaison between statutory regulatory bodies;

coordinate joint inspections with all regulatory bodies;

receive and facilitate the resolution of complaints from patients, aggrieved parties and regulatory bodies;

monitor the execution of respective mandates and functions of regulatory bodies recognised under an Act of Parliament;

arbitrate disputes between statutory regulatory bodies, including conflict or dispute resolution amongst Boards and Councils; and

ensure the necessary standards for health professionals are not compromised by the regulatory bodies.

the manner and form of coordinating joint inspections with all regulatory bodies;

the procedure for receipt and facilitation of the resolution of complaints from patients aggrieved parties and regulatory bodies;

the manner of monitoring the execution of respective mandates and functions of regulatory bodies recognized under an Act of Parliament;

the mechanisms for arbitration of disputes between statutory regulatory bodies, including conflict or dispute resolution amongst Boards and Authorities; and

mechanisms to ensure that the necessary standards for health professionals are not compromised by the regulatory bodies.

is a health practitioner registered by the respective regulatory body;

has at least ten years' experience in the practice of medicine, five of which shall be experience at a senior management level; and

meets the requirements of Chapter Six of the Constitution.

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;

exercise transparency in the recruitment process; and

ensure competitive recruitment and selection on the basis of personal integrity, competence and suitability.

payment of salaries, allowances and other charges in respect of the members of staff or agents of the Authority;

payment of pensions, gratuities and other charges in respect of members and other staff of the Authority;

proper maintenance of buildings and grounds of the Authority;

acquisition, maintenance, repair and replacement of the equipment and other movable property of the Authority; and

funds to meet future or contingent liabilities in respect of retirement benefits insurance or replacement of buildings or equipment, or in respect of such other matter as the Authority may deem appropriate.

a statement of income and expenditure during the year;

a statement of the assets and liabilities of the Authority as of the last day of that year;

a cash flow statement for the financial year; and

any other statements and accounts that may be necessary to fully disclose the financial position of the Authority.

the Clinical Officers Authority established under the Clinical Officers Act (Cap. 260);

the Nursing Council of Kenya established under the Nurses Act (Cap. 257);

the Kenya Medical Laboratory Technicians and Technologists Board established under the Medical Laboratory Technicians and Technologists Act (Cap. 253A);

the Medical Practitioners and Dentists Board established under the Medical Practitioners and Dentists Act (Cap. 253);

the Radiation Protection Board established under the Radiation Protection Act (Cap. 243);

the Pharmacy and Poisons Board established under the Pharmacy and Poison Act (Cap. 244);

the Council of Institute of Nutritionists and Dieticians established under the Nutritionists and Dieticians Act (Cap. 253B);

the Public Health Officers and Technicians Council established under the Public Health Officers (Training, Registration and Licensing) Act (Cap. 253G); and

any other body as may be prescribed by the Cabinet Secretary under this Act.

licence health products and health technologies;

licence manufacturers and distributors of health products;

conduct laboratory testing and inspection of manufacturing, storage and distribution facilities of health products and technologies;

control of clinical trials;

conduct advertising and promotion, post marketing surveillance for quality, safety and disposal of health products and health technologies;

regulate contractors for medical devices and physical security for products including radioactive material and biological products.

interventions to reduce the burden imposed by communicable and non-communicable diseases and neglected diseases, especially among marginalized and indigent population;

interventions to promote healthy lifestyle including physical activity, counter the excessive use of alcoholic products and the adulteration of such products, reduce the use of tobacco and other addictive substances and to counter exposure of children and others to tobacco smoke;

the promotion of supply of safe foodstuffs of sufficient quality in adequate quantities and the promotion of nutritional knowledge at all population levels;

general health education of the public; and

the reduction of disease burden arising from poor environmental hygiene, sanitation, occupational exposure and environmental pollution;

the reduction of morbidity and mortality of waterborne, food-borne and vector transmitted diseases, and mitigate the health effects of climate change;

the reduction of morbidity, mortality, prolonged hospital stays, long-term disabilities, antibiotic resistance that emanate from healthcare acquired infections;

the strengthening of national and county capacity to address or forestall transmission of diseases of international concern; and

building community capacity in providing solutions to public health challenges.

in a duly authorized health facility for that purpose; and

the criteria for the approval of organ transplant facilities; and

the procedural measures to be applied for such approval.

Any person who contravenes the provision of this section or fails to comply therewith or who charges a fee for a human organ commits an offence.

Any person convicted of an offence under paragraph (a) is liable on conviction to a fine not exceeding ten million shillings or to imprisonment for a period not exceeding ten years or to both a fine and imprisonment.

A person who makes a donation as contemplated in paragraph (a) must nominate an institution or a person contemplated under this Act;

If no donee is nominated in terms of paragraph (b), the donation shall be null and void;

Paragraph (b) does not apply in respect of an organ donated for the purposes contemplated in section 80(1) and the donee of such organ must be determined as provided in section 80(2).

The Cabinet Secretary may, after the death of a person and if none of the persons contemplated in subsection (2) can be located, donate the body or part or any specific tissue of that person to an institution or a person contemplated in section 81(2).

The Cabinet Secretary shall only allow the donated tissue to be used if all the prescribed steps have been taken to locate the persons contemplated in subsection (2).

the purposes of the training of students in health sciences;

the purposes of health research;

the purposes of the advancement of health sciences;

therapeutic purposes, including the use of tissue in any living person; or

the production of a therapeutic, diagnostic or prophylactic substance.

preparation of the body of a deceased person for the purposes of embalming;

making of incisions in the body for the infusion thereof by a preservative; or

restoration of any disfigurement or mutilation of the body before its burial.

the person when alive gave consent thereto;

the spouse(s), child, guardian, brother or sister of the deceased, in the specific order mentioned, gave consent thereto; or such an examination is necessary for determining the cause of death.

there is a medical practitioner in charge of clinical services in the hospital or authorized institution or of the mortuary in question, or any other medical practitioner authorized by such practitioner; or

in the case where there is no medical practitioner in charge of clinical services, a medical practitioner authorized by the person in charge of such hospital or authorised institution, authorizes the post mortem examination in writing and in the prescribed manner.

developing mechanisms for an integrated national health insurance system including making provisions for social health protection and health technology assessment;

establishing in collaboration with the department responsible for finance oversight mechanism to regulate all health insurance providers;

developing policies and strategies that ensure realization of universal health coverage;

determining, during each financial period and in consultation with individual county authorities, cost sharing mechanisms for services provided by the public health system without significantly impending the access of a particular population groups to the system in the areas concerned;

defining in collaboration with the department responsible for finance, public financing of heath care framework, including annual allocations towards reimbursing all healthcare providers responding to disasters and emergencies as contemplated under this Act;

ensuring, that all pharmaceutical and non-pharmaceutical products correspond to Kenya Medical Supplies Authority market prices; and

defining in collaboration with the department responsible for finance, a standard health package financed through prepayment mechanisms including last expense.

provide a framework for collaboration with the ministries responsible for finance, planning and any other relevant department to secure healthcare for vulnerable groups and indigents;

provide a framework for examining means of optimizing usage of private health services as a result of relieving the burden carried by the publicly financed system; and

provide a framework for establishing a harmonized common mechanism for coordinating planning and financing and monitoring and evaluation within the health sector.

to permit and facilitate inspection at any time by the Authority and regulatory bodies;

to provide emergency services in their field of expertise required or requested either by individuals, population groups or institutions, without regard to the prospect or otherwise of direct financial reimbursement.

the burden of disease;

the cost-effectiveness of interventions aimed at reducing the burden of disease;

the availability of human and institutional resources for the implementation of an intervention at the level closest to the affected communities;

the health needs of vulnerable groups such as women, older persons, children and people with disabilities;

the health needs of communities;

national security; and

emerging issues on health.

determine the extent of research for health to be carried out by public and private health authorities whether national or international;

ensure that research for health agenda and research resources focus on priority health problems;

develop and advise the Cabinet Secretary on the application and implementation of an integrated national policy and strategy for health research;

ensure that the intellectual property benefits arising from any health research conducted in the country are commensurately enjoyed by all involved parties;

ensure resource mobilization or budget allocation for the National Research Fund for the established research for health priorities;

create a framework for linking research outcomes into policy and legislation;

set up a national research database; and

enhance capacity building and strengthening in the research for health activities.

if it is in the best interest of the minor;

in such manner and on such conditions as may be prescribed; and

with the informed written consent of the parent or guardian of the minor.

in such manner and on such conditions as may be prescribed by the Committee; and

with the informed written consent of the parent or guardian of the minor.

an integrated comprehensive health information system relating to the national government health functions;

an integrated comprehensive health information system relating to every county and in respect of county functions;

the consolidation and harmonization of health information obtained under paragraph (a) and paragraph (b);

the minimum standards applicable for establishment and maintenance of health information systems;

a guide on the minimum indices to be captured by each county health information system;

the mechanism for ensuring inter-connectivity between each county information system and the national system;

the guiding principles for management and administration of health information banks; and

any other information on health services, including sources of health financing, human resources available in health sector.

establish and maintain a health information system as part of the health information system as specified under subsection (1); and

ensure compliance with the provision of paragraph (a) as a condition necessary for the grant or renewal of annual operating licenses.

a law that was in effect immediately before the effective date assigns responsibility for that matter to a particular State organ or public officer; and

a provision of this Act that is in effect assigns responsibility for that matter to a different State organ or public officer, the provisions of this Act shall prevail to the extent of the conflict.

the officer's terms of service including remuneration, allowances and pension or other benefits shall not be altered to the officer's disadvantage but only to his or her advantage; and

the officer shall not be removed from the service except in accordance with the terms and conditions applicable to the officer as at the date immediately before the establishment of the county government or in accordance with the law applicable to the officer at the time of commencement of the proceedings for the removal.