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REPUBLIC OF KENYA
i{ENYA GAZETTE SU PP LEM ENT
SENATE BILLS, 2014
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NAIROBI, 22nd April, 2014
CONTENT
Bili for Introduction into the Senate-
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THE REPRODUCTM HBALTH CARE BtLL,20t4
ARRANGEMENT OF' CLAUSES
PART I-PRELIMINARY
Section
l-Short title.
2-Interpretation.
2 Objects and purposes of the Act.
PART II-ACCESS TO CONTRACEPTIVES AND
FAMILY PLANNING SERVICES
3-Access to Contraception.
4-Right to Information.
PART III-GESTATIONAL SURROGACY
G-Meaning of Partner.
..
7-Right to Gestational Surrogacy.
8-Surrogate parenthood agreement.
9-Consent of husband, wife or partner.
10-Genetic origin of Child.
I l-Requirements of surrogate parenthood agreement.
1 2-Artifi cial Fertilisation of surrogate mother.
I 3-Termination of parenthood agreemeit.
l4-Payments in respect of surrogacy prohibited.
15-Prohibition of certain acts. .
PART IV-SAFE MOTHERIIOOD
I 6-Authorized Persons.
I 7-Antenatal care Services.
l8-Information and treatment on HIV/AIDS.
PART V-TERMINATION OF PREGNAIICY
I 9-Termination of
pregnancy.
20-tonsent.
286
The Reproductive Health Care Bill,2014
2 l-CIffences and penalty.
PART VI-HEALTH FACILTTIES
22-Medical facilities.
23-lounty referral hospital.
24-Ambulance seivices.
25-Hospital equipment.
26-Medical practitioners.
P.{RT VII-CONFIDENTIALITV
27*Confidentiality.
28-Offences and penalty.
PART YIIF-CHILD HEAI,TH CARE
zg---Child health care.
3G-Immunization, Vaccination and De-worming.
3l-Annual check up.
32-Medical training.
PART IX-REPRODUCTIVE X{EALTH OF
ADOLESCENTS
33-Adolescent reproductive health services.
34-Provision of information and policies.
3 S-Female Genital Mutilation.
"
PART X_REPRODUCTTVE AND CHILD TIEALTE{
CARE BOARI)
36-Establishment of a Board.
37-Members of the Board.
38-Vacancy of office.
39-Extension of a term.
4VEx officiomember.
PART XI-REPRODUCTIVE ANI} CHILD HEALTII
EARE TRIBUNAL
4 I
-Establishment
of a Tribirnal
42_.Expiration of aterm of office.
The Reproduetlve Health eare Bill,20l4 281
43*Term of offrse.
44*Jurisdictioir of the Tribunal.
'45-Refusal
to give evidence before the Tribunal.
'
4G:Awards of tbe Tribunal.
47*Rules
of the Tribunal.
PART XII*MIS CELTANEOUS FR.O.VIStrONS
48-CI#enses and Peneg
49*Regulation$,
S0*PErsono agggievcd by ths Act.
PART XIII-SAYtrNGS, REFEALS AND
TRAT*SMIEN
' Sl*Incqneisency.
288
The Reproductive
Health Care Bill,2014
Sho( title
Interpretation
Cap l4l
Csp 260
THE REPRODUCTTVE HEALTH CARE BILL,2014
A Bill for
AN ACT of Parliament to Provide for the
recognition of reproductive rights; to set the
standards of reproductive health; provide for the
right to make decisions regarding reproduction
free from discrimination, coercion and violence;
and for connected purposes.
ENACTED by the Parliament of Kenya, as follows-
PART I-PRELIMINARY
1. This Act may be cited as the Reproductive Health
Care AcJ, 2014.
2.In this Act-
-
"adolescent" means any person aged between ten and
seventeen years.
'.'antenatal care" includes the correct diagnosis of
pregnancy, followed by periodic examinations, screening
and management of complications during pregnancy
"authorized facility" means a facility authorized by
the Medical Practitioners and Dentists Board for the
purposes of this Act.
"Board" means the Board of Directors established
under section 35;
"Cabinet Secretary" means the Cabinet Secretary for
the time being respOnsible for health;
'nchild" has the meaning assigned to it in the Children
Act;
"child's health care rights" means the right of every
child to access quality health and medical care;
"clinical officer" means a person registered as a
clinical officer under the Clinical Officers (Training,
Registration and Licensing) Act;
"contraception" msans the deliberate prevention of
pregnancy by measures that prevent
the normal process of
ovulation, fertilization and implantation;
"family planning" means the conscious effort by a
person
to plan for and attain th6 person's
desired number of
Cap 629
The Reproductive Health Care Bill,20l4 289
children and to regulate the spacing and timing of the births
of the children with or without the use of contraceptive
commodities;
"female genital mutilation" means female genital
mutilation as defined in the Prohibition of Female Genital
Mutilation Act;
"$estational surrogacy" means the process by which a
woman attempts to carry and give birth to a child created
through in'vitro fertilization using the gamete or gametes of
at least one of the intended parents and to which the
gestational surrogate has made no genetic contributibn;
"health care provider" means any person or institution
that has been authorized to deliver health care services;
"health regulatory bodies" refer to any body or
authority authorized by law to regulate the practice of
medicine or health care provision;
"informed consent" means consent obtained freely,
without threats or improper inducement, after appropriate
disclosure to the patient of adeiluate and understandable
information in a ?orm and language understood by the
patient;
"informed choice" means a voluntary decision by a
c'q25'
patient to use or not to use a contraceptive method or to
accept a sexual and reproductive health service, after capzs7
receiving adequate infonhation regarding the options, risks,
advantages and disadvantages of all the available methods;
'Juristic person" means an entity other than-a natural
person created by law and recognized as a legal entity
having distinct identity, legal peisonality, duties and rights;
"maternal care" includes health care of a woman
during pregnancy, childbirth and forty two
.days
after
childbirth;
"medical
practitioner" means a person duly registered
as a medlcal practitioner under the Medical Practitioners
and Dentistsl Act;
)
"nursez' means a person duly registerbd as a nurse
under the Nurses Act;
'i'Pregnancy"
means the presence of a foetus in the
womb;
290
The Reproductiie
Health Care Bitl,20t4
Objects and
purposes
Accss to
contraceptioo
"provider-initiated health care or festing" means the
provision of care or testing to ensure public health or
advancement of medicine;
"reproductive health" means a state of complete
physical, mental and social well-being, and not merely the
absence of disease or infirmity, in all matters relating to the
feproductive system and to its functions and processes;
"reproductive rights" include the right of all
individuals to attain the highest standard of sexual and
reproductive health and to make informed decisions
regarding thei? reproductive lives freg from discrimination,
coercion or violence;
"right to safe motherhood" means the right to access
information and quality service by women throughout
pregnancy arid childbirth with the desired outcome of a live
and healthy mother and baby;
"termination of pregnancy" for the purpose of this Act
means tfre separation and expulsion by medical or surgical
means, of the contents of the uterus of a pregnant woman
before the foetus has become capable of sustaining an
independent life outside the uterus; and
"tribunal" is the Tribunal established under section 41.
3. The objects and purposes of this Act are to-
(a) provide a framework for the protection and
advancement of reproductive and health rights for
the women;.
(b) promote women's health and safe rnotherhood;
(c) achieve a rapid and substantial reduction in
maternal and child mortality rate; and
(d) ensure access to quality and comprehensive
provision of health care services to women and
children.
PART II-ACCESS TO CONTRACEPTIVES AND
FAMILY PLANNING SER\ICES
4. The National and County Governments shall make
available contraception and family plannin! services,
including contraceptive options, counseling, information
and education.
The Reproductive Health Care Bill,2014
S.Every health care service provider prescribing a
Rishttoinrormation
contraceptive method shall provide information to the
person to whom the prescription is being given as to its
advantages and disadvantages and ensure informed
consent.
PART UI-GESTATIONAL SURROGACY
6.In this part, the term "partner" means a stable
MeaninsorparftFr
person of the opposite sex in a relationship.
7. (1) Every person has a right to gestational
surrogacy.
'
(2) The Cabinet Secretary shall make regulations to
regulate the right to gestational surrogacy.
8. A surrogate parenthood agreement is valid if--
(a) it is in writing and is signed by all the parties
thereto;
(b) it is en{ered into in Kenya; and
(c) the surrogate mother and her husband or partner,
if any, are at the time of entering into the
agreement domiciled in Kenya.
9. (1| Where a oomrnissioning parent is
qnarried
or
involved in a perrnanent reiationship, the agreement shall
not be valid unless the husband, wife or partner of the
commissioning parent has given his or her written consent
to the agreement and has become a party
to
the agreement.
(2) Where the surrogate mother is married or involved
in a permanent relationship, the agrecment shall not be
valid unless her husband or partner has given his written
consent to the agreement and has become a party to the
agreement.
(3) Where a husband or partner of a surrogate mother
who is not the genetic parent of the child unreasonably
withholds his consent, the parties shall proceed to sign the
agreement and it shall be valid.
10. No surrogate parenthood agreementjs valid unless
the conception of the child contemplated in the agreement
is tt be
pffected
by the use of the gametes of both
commissioning parents or, if that is not possible due- to
biological, meOicat or other valid reasons, the gamete of at
291
Right to Gestational
Surrogacy
Surrogate
parenthood
agreem'lt.must be
in uriting
Consent ofhusband,
wife or partner
Genetic originof
child
2y2 The Reproductive Health Care Bill,20l4
Rcquircrnmts of a
Surrogate
prenthood
rgtecmGnt
-
least one of the commissioning parents or, where the
commissioning parent is a single person, the gamete of that
person.
11. A party may enter into a surrogate parenthood
agreement only if-
(a) the commissioning parent or parents are not able
to give birth to a child and that the condition is
permanent and irreversible;
(b) the commissioning parent,or parents-
(i) are in terms of this Act competent to enter
into the agreement;
(ii)
are in all respects suitable persons to accept
the parenthood of the child that is to bt
conceived; and
(iii) understand and accept the legal consequences
of the agreement and this Act and their rights
and obligations thereof:
(c)
the surrogate mother-
(i) is in terms of this Act competent to enter into
the agreement;
(ii) is in all respects a suitable person to act as a
surrogate mother;
(iii) understands and accepts the legal
consequences of the agreement
lnd
this Act
and her rights and obligations thdreof;
(iv) is not using gestational surrogacy as a source
of income;
(v) has a dgcumented history of at least one
.
pregnancy and viable delivery; and
(vi) has a living child of her own;
1llfiy,,apl.eementincludesadequateprovisionsforthe
contact, care, upbringing and general weliare of
the child that is to be born in a stable
. home
environment, including the child's position in the
event of the death of the commissioning parents or
one of them, or their divorce or separation before
the birth of the child; and
The Reproductive Health Care Biil,2al4 293
(e) in general, having regard to the personal
circumstances and family situations of all the
parties concerned, but above all the interests of the
child that is to be born, the agreement should be
confirmed.
12. No artificial fertilisation of the surrogate mother
may take place; before the surrogate parenthood agreement
is duly signed and the provisions of section 10 satisfied.
13. A surrogate parenthood agreement is terminated
by a termination of pregnancy that may be carried out in
terms of the provisions of this Act.
14. (1) Subject"to subsections (2) and (3), a"person
may not in connection with a surrogate parenthood
agreement give or promise to give to any person, or receive
from any person, a reward or compensation in cash or in
kind.
(2) A promise or agreement for the payment of any
compensation to a surrogate mother o! any other person in
connection with a surrogate parenthood agreement or the
execution ofsuch an agreement is not enforceable, except a
&aim for-
(a) compegsation for expenses that relate direptly to
the artificial fertilisation and pregnancy of the
surrogate mother, the birth of the child and the
confirmation of the surrogate parenthood
agreement;
(b) loss of earnings suffered by the surrogate mother
as a result of the surrogate parenthood agreement;
or
(c) insurance to cover the surrogate mother for
anything that may lead to death or disability
brought abou! by the
pregnancy.
(3) any person who'renders a bona fide professional
legal or medical service with a view to the confirmatipn of
a surrogate parenthood agreement in terrns of section I I or
in the execution of' such an agreement, is entitled to
reasonable compensation therefor.
15.
11)
A person may not artificially fertitise a woman
in the execution of a surrogate parenthood agreement.
Artificial
fertilisation of
surrogate mother
Termination of .
parenthood
agreemnt
Payments in respect
ofsunolacy
prohibited
Prohibition of
ccrtain acts
294
The Reproduetive Health earc Bill,20t4
Authorized persons
Aflte-natal cero and
delivery scrvices
Informatioa md
teatnient of
HIV/AIDS
Cap246A
Tormination of
preSnanGy
(2) A person may not in any way for or with a view to
compensation, make known that any pefson is or might
possibly be willing to enter into a swrogate parenthood
agreement.
PART IV*SAFE MOTHERHOOD
16. Maternal care shall be offered by-
(a) Medical practitioners;
(b) Clinical Officers;
(c) Nurses; and
(d) Community health workers.
17. Every public hospital whether under the
management of a County Governmont or National
Government shall provide free ante-natal care and delivery
services.
18. Aceess to infoimation and trcatment of HIV and
AIDS to a
pregn&nt woman shall be as stipulated in the
HIV and AIDS Prevention and Control Act.
PART V_TERMINATION OF PREGNANCY
19. (1) A pregnaney may be terminated if a trained
health professional, after consultation with the pregnant
woman, is of the opinion that-
(a) the continued pregnancy would endanger the
health of the mother; or
(b) as a result of the pregnancy the life or health of the
mother is in danger.
(2) Trained health professionals shall offer non-
mandatory and-non-directive counseling, before and after
the termination of a pregnancy.
20. Subject to section l9(l); termination of pregnancy
may take place-
(a) only with the consent of the pregnant
ryoman;
(b) in the ease of a pregnant minor, after consultation
with the minor's paretrts, guardian or such other
persons with parental responsibility over the said
minor, provided that the
best
interest of the minor
slrall prevail; or
The Reproductive Health Care Bill,20l4
(c) in the case of a mentally unstable person, after
consultation with the parents, guardian or such
other persons with parental responsibility over the
said person.
21. A person who violates section 20 commits an
orrencesand
offence and is liable on conviction to a fine not exceeding
"
two hirndred thousand shillings or to imprisonment for a
term not exceeding three years.
PART VI_HEALTH FACILITIES
22. A person offering maternal and child health care
Medicar racilities
slervices shall operate in an environment with adequate
medical facilities.
23. There shall be a level five hospital in every
nt;.Tl],'"**"'
Counly responsible for offering county referral services.
24. (1) Each level five hospital shall have at least five
Emergmcvseruices
ambulances.
(2) No person shall be denied em"ergency medical
treatment in whatever circumstance, including inability to
pay.
25. A level five hospital shall be fully equipped to
Hospitarequipment
handle-_
(a) child-birth emergencies; and
(b) intensive care patients.
26. The level five hospitals shall have such number of
Medicar
medical practitioners, clinical officers and nurses as the
practitioners
county executive member for health in the County in
consultation with the Board, shall from time to time
determine.
PART VII-CONFIDENTIALITY
27. A person who possesses information by virtue of
conndeirtiditv
this Act shall not divulge such information to any person
unless as provided under this Act.
28. A person who contravenes section 27 commits.an
l#:lf
-'
offence and ip liible on conviction to a fine not exceeding
two hundred thousand shillings, or to imprisonment for a
term not exceeding two years or both.
295
296 The Reproductive
Health Care Bill,20l4
Child health care
Immunization,
vaccination and de.
worming
Annual check up
Medical training
Adolescent
'
reproductive health
seruices
Provision of
information and
polioies
PART VIII-CHILD HEALTH CARE
Z9.Every child has a right to health care, of which
parents, national govemment and the county govemment
shall have the responsibility of providing.
30. Every child has a right to free immunization,
vaccination and de-worming at any public hospital.
31. Any child below the age of five years is entitled to
a free annual medical check up at any public hospital.
32. The County Executive Member responsible for
health in the County shall facilitate training to the formal
and informal community based midwives and health care
providers in basic maternal and child health services to
improve ante-natal and post-natal care for women and
children.
PART IX-RE,PRODUCTIVE HEALTH OF
ADOLESCENTS
33. (l) The Cabinet Secretary for health shall
consultation with the Board facilitate the provision
adolescent friendly reproductive health services.
(2) In the provision of reproductive health services to
adolescents, parental consent is not mandatory.
(3) Despite sub-section (2) above, nothing prevents a
health care provider from whom reproductive health
services are sought by an adolescent, from referring the
adolescent to a qualified person for provision of the
necessary services.
34. (l) The Board is consultation with government
institutions and other bodies shall-
(a) facilitate the provision to of adolescent- friendly
reproductive health and sexual health information
and education;
(b) facilitate the provision to adplesqents of
confidential, comprehensive, non-jldgmental and
affordable reproductive health services;
(c) develop policies to protect adolescents from
physical and sexual violence and discrimination
including cultural practices that violate the
reproductive health rights of the adolescents; and
m
of
The Reproductive Health Care Bill,2014 2n
(d) facilitate adolescents access to information,
comprehensive sexuality education and
colfidential services.
(2) The Board shall make such recommendations to
the Cabinet Secretary on a continuous basis as to changes
or inclusions to make such regulations as may be necessary
to ensure that the object ofsection 33 (l) is achieved.
35. The Prohibition of Female Genital Mutilation Act,
shall govern any issues relating to female genital mutilation
and adolescents.
PART X-REPRODUCTIVE AND CHILD HEALTH
CARE BOARD
36. (1) There is established a body to be known as the
Reproductive and Child Health Care Board.
(2) The Board 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) taking, purchasing or otherwise acquiring,
holding, charging and disposing of moveable and
intmoveable property;
(c) borrowing or lending money; and
(d) undertaking such other functions for the proper
performance of its functions under this Act.
(3) The secretariat of the Board shall be based in
Nairobi City County.
(a) The functions of the Board are to-
(a) ensure the co-ondination and implementation of
National and County Governmpnt policies,
regulations and obligations under national and
intemational laws relating to reproductive and
child health care rights;
(b) in conjunction with other relev4nt bodies, iarry
out regular surveys in all aspects of reproductive
and child health in order to establish the status of
the cultural and other practipes applied and to
make recoilrmendations to the Cabinet Secretary;
Femal genital
mutilation
Cap 628
Establishment of
Board
298 The Reproductive Health Care Bill,20l4
Members of the
Board
(c) provide administrative guidance to the Board's
secretariat;
(d) recruit and supervise the chief executive officer;
(e) create awareness and educate members of the
public about all issues relating to reproductive and
child health care;
(f; propose, formulate and ensure the passing of laws,
rules, guidelines and policies for the
implementation of reproductive and child health
. care rights; and
(g) carry out such duties or functions as may be
necessary to achieve the objects and purposes of
this Act.
37. (1) The Board shall consist of-
(a) a chairperson appointed by the Board from among
its members;
(b) the Principal Secretary, responsibld for the
National Treasury or a person designated by the
Principal Secretary;
(c) the Principal Secretary, responsible for Health or a
person designated by the Principal Secretary;
(d) the Principal Secretary, responsible for Devolution
and Planning or a person designated by the
Principal Secretary;
(e) the Director of the National Coordinating Agency
for Population and Development;
(0 a Commissioner of the Kenya National
Commission on Human Rights nominated by the
Commission;
(g) a representative of the Kenya' Medical
Practitioners and Dentists Board;
(h) a representative of the Kenya Medical
Association;
(i) a representative of theNursing Council oftr(enya;
O
a representative frorn the Kenya Clinical Officers
Association;
(k) two persons representing civil society
The Reproductive Health Care Bill,2014 2W
organizations $orking in the area of reproductive
and child heplth care;
(l) one person appointed by the Cabinet Secretary,
who has knowledge, experience and strong
commitment to advocacy for reproductive and
child health care;
(m)a young person representing a reproductive and
child health care rights institution or movement;
and
(n) one person representing persons with disabilities.
(2) The Cabinet Secretary shall have due regard to
gender balance in appointing members of the Board.
(3) The Board shall have powers to-
(a) manage, control and administer the assets of the
-
Board in such manner and for such'purposes as
best promote the purposes for which the Board is
established;
(b) receive any gifts, grants, donations or endowments
made to the Board or any other monies in respect
of the Board
and
make disbursements there-from;
(c) determine the.provisions to be made for capital
and recurrent expenditure and reserves for the
Board;.
(d) open a bank account or bank accounts for the
funds of the Board; and
(e) invest any monies of the Board not immediately
needed by the Board.
(4) There shall be a secretary to the Board who shall
be the chief executive officer who shall be appointed by the
Board through a competitive process.
(5) The Board may appoint such officers as are
necessary for the
proper discharge of the functions of the
Board under this Act, upon such terms and conditions as
the Board may from time to time detenqine.
(6) The Board shall determine its own procedure.
(7) There shall be paid to the members'of the Board
such remuneration and allowances as the Cabinet Secretary
300
The Reprod.uctive
Health Care Bill,2014
VacancY ofofftce
Term ofoffice
Ex- olrtcip men$q
Establishnient of
ribunal
may determine
in
consultation with the National
'Ireasury
and the Salaries and Remuneration Commission.
38. The office of a member of the Board shall become
vacant-
(a) at the expiry of three years from the date of
appointment;
(b) if the memLer is removed from the membership of
the Board by the Cabinet Secretary for failure to
discharge the functions of the office;
(c) if the member resigns as a member of the Board;
(d) upon the death of such member;
(e) if the member is bankrupt; or
(0 if the member sufflers physical or mental
incapacity that hinder the discharge of furictions of
,the
office.
39. The term of a Board membershall be tluee years,
renewable ofice.
40. The Chief Executive Officer of the Board shall be
an ex-fficio member of the Board with no voting rights.
PART XI-REPRODUCTIVE AI\D CHILD
IIEALTH CARE TRIBUNAL
41,(1) There is established a tribunal to be known as
the Reproductive and Child Health Care Tribunal.
(2) The Tribunal shall consist of the following
members who shall be appointed by the Judicial Service
Commission with the approval of the Senate-
(a) a chairperson with
.
legal experience
knowledge of reproductive and child heallh
rights;
(b) the Attorney-General or a person designated by
the Attorney-General;
(c) an advocate of the High Cburt of Kenya
nominated by the Law Society of Kenya;
(d) trvo representatives nominated by the medical
practitioners and dentists Board, being specialists
in matters of reproductive'health care;
and
care
The
ff.eproductive
Health Care Bill,2014 301
I
i
(e) two persons having such specialized skill or
knowledge necessary for the discharge of the
functions of the Tribunal.
(3) The quorum of a meeting of the Tribunal shall be
three members.
(4) All matters before the Tribunal shall be determined
by the decision of a simple majority of the members
present.
(5) There shall be paid to the members of the Tribunal
such remuneration and allowances as the Cabinet Secretary
may in consultation with the National Treasury and the
Salaries and Remuneration Commission determine.
42.The office of a member of the Tribunal shall be
deemed to be vacant-
(a) at the expiry of three years;
(b) if the member ceasos to be a member of the
professional body that appointed the member;
(c) if the member is removed from membership of
the Tribunal by the Judicial Service Commission
for failure to discharge the flrnctions of the office;
and
(d)
if the memberresigns from office.
43..The Judicial Service Commission shall while
appointing members to the Tribunal ensure that the term of
no more than one-third of the members of the Tribunal
lapses at the same time.
44. (l) The Tribunal shall have
jurisdiction-
(a) to hear and determine complaints arising out of
any breach of the provisions of this Act;
(b) to hear and determine any matter as may be
referred to it pursuant to the provisions of this Act;:
(c) to perform such other functions as may be
conferred upon it by this Act or any other written
law.
(2) On hearing a complaint, the Tribunal shall have all
the powers of a subordinate court of the first class to
summon witnesses, to take evidence upon oath or
Expiration ofterm
Term oloffis
l.
i
i
raz
The Repradacttve Heutth Care Bill,20l4
affirmation
and to call for the production of books of
account and other documents.
(3) The Tribunal shall within fourteen days of receipt
of a complaint, give notice of the complaint to the
respondent in writing informing the respondent to file a
response thereto within twenty eight days of the notice.
(4) Where the Tribunal considers it desirable, it may
receive evidence by affidavit and administer interrogatories
and require the person to whom the interrogatories are
administered to make full and true reply to the
interrogatories within the time specified by the Tribunal.
(5) In determining any matter the Tribunal may take
into consideration any evidencs which it considers rele-vant
to the subject matter before it, notwithstanding that the
evidence would not otherrviso bs adrnissible under the
Evidence Aet.
(6)
The Tribunal shali have power to summon expert
evidence as may be necessary for the discharge of its
functions under this Act.
(7) All summons, notices or other'documents issued
under the hand and seal of the chairperson shall be deemed
to be issued by the Tribunal.
,hir,{:1,
yfJf,,ffi;,",TxJrt
made to the rribunar under
(a) consider the complaint on merit and make suctr
orders as it may consider
just
and fitting;
(b) recommend cancellation or suspension of a
practitioner's certificate; or
(c) reprimand the practitioner.
(9) Any aggrieved party may be represented before the
Tribunal by an advocate.
(10) Any parly aggrieved by a decision of the Tribunal
shall have a right of appeal to the High Court within thirty
days of the decision.
Refusaltogive
45. Any person summoned by the Tribunal to attend,
evidence r
and give evidence or to produce any rocords, books of
account, statements, or other documents or who is required
to answer interrogatories and who, without suffieient
cause-
The Reproductive Health Care Bill,2014 303
(a) refuses or fails to attend at the time and place
mentioned in the srunmofls served upor that
person;
(b) refuses or fails to answer or to answer fully and
satisfactoriiy, to the best of the person's
knowledge and belief all questions lawfully put to
the person by or with the concurrence. of the
Tribunal; or
(c) refuses or fails to produce any records, books of
account, statements or other documents which are
in the person's possession or under the person's
control rneniioned in any swnmors ser,ved upon
the person;
Comrnits an offence and shall be liable upon
conviction to a fine not exceeding fifty thousand shillings,
imprisonment for a term not exceeding six months, or to
both.
46. (1) Where the Tribunal awards darpages or costs in
any matter before it, it shall, on application by the person in
whose favor the damages or costs are awarded, issue to him
a certifieate stating the amount of damages or costs.
(2) Every certificate issued under zubsectiou (1) may
be filed in the lligh Court by the person in whose favor the
damages or costs have.been awarded and,
gpon
being so
filed, shall be deemed to be a decree of the tligh Court and
may be executed as such.
47. Except as otherwise provided in this Act, the
Chief Justice may in consultation with the chairperson of
the Tribunal, and by Notice in the Gazette make nrles
governing the practice and procedure of the Tribunal
having regard to the objeot and purpose of
the
Act.
PART XII-MISCELLANEOUS PROVISIONS
48. A person convicted of an offence under this Act
for which no penalty is provided shall be liable to
imprisonment for a term not exceeding three yqars or to a
fine not exceeding one hundred thousand shilli+gs, or to
both.
49. Subject to the provisions of this Act, the Cabinet
Secretary may make Regulations orr-
Awards of the
Tribunal
Rules ofthe
TriFtal
Offenesod
Penalty
Regulations
'
304 The Reproductive Health Care Bill,2014
Persons aggriwcd
by Act
Inconsi$ency
(a) implementation of this Act;
(b) aey matter which is required or peilnitted by this
Act to be prescribed by regulations;
(c) the provision of high qualrty and acceptable family
planning services; and
(d) any other matter which is necessary or bxpedient
in order to achieve or promote the objects of this
Act.
50. Any person who is aggrieved by any decision
made under this Act or Regulations made hereunder may
make a reference to the Tribunal established under section
41.
51. Where the provisions of this Act or
.
any
Regulations made hereturder are inconsistent with the
provisions of any other written law, the provisions of this
Act shall prevail.
The Reproductive Healtk Care Bill,2014 305
.
MEMORANDUM OF' OBJECTS AND REASONS
Statement of the Objects and Reasons for the Bill
The Bill seeks to make provision for the actualization
of reproductive rights. The right to make free
and
informed
decisions, which is central to the exercise of any right, shall
not be subjected to any form of coercion and must be fully
guaranteed by the State, like the right itself. Respect for
protection and fulfillment of reproductive health and rights
which seek to promote the rights and welfare. of every
person particularly couples, adult individuals, women and
adolescents.
The Bill also seeks to deal with the issue of inadequate
facilities at county government hospitals, especially in
terms of emergency services including but not limited to
ambulance services and equipment for intensive care
services and gynaelogical services as well.
The Bill seeks to bring forth the issue reproductive
health for the adolescent and mentally unstable persons,
which has been neglected for somO time. It gives for
guidance
Statement on the delegation of legislative powers and
limitation of fundamental rights and freedoms
The Bill does not delegate
legislative
powers nor does
it limit fundamental rights and freedoms,
Statement of how the Bilt concerns county governments
The Bill concerns county governments in terms of
Article 110(a) of the Constitution as it affects the functions
and powers of County Governments sel out in the Four0r
Schedule. The issue of health care and especially
provision
of health facilities affect the functions of, county
.:
3S6 The ReBraducttve He*tthCare BilLNl4
Statdment tholthe Bilt b rot s mony niII wiint tUc
meaning of Article ll4 of.tho Constitution
.
Thiq BiU is not a Eorey Bill within the meaning of
Article 114 ofthe Constitution
.
Dated the 8th April, 2014.
ruDITH SIJEI\ry,
Senator.
d