KELIN Participates In the Public Hearing of the Health Bill 2015 before the Senate Health Committee

On 9 June, 2016 the Clerk of the Senate invited members of the public to a hearing of the Health Bill that was to take place on 15 June, 2016 at the Kenyatta International Convention Centre (KICC). This call was made pursuant to the Constitutional requirement under Article 118 that mandates Parliament to facilitate public participation and involvement in the legislative business of the House. This meeting follows the public hearing before the National Assembly that took place on 15 July, 2015.

Senators chairing the public participation forum on the Health Bill 2016. Photo courtesy of Dr. Zipporah Ali, Executive Director Kenya Hospices & Palliative Care Association (KEHPCA).
Senators chairing the public participation forum on the Health Bill 2016. Photo courtesy of Dr. Zipporah Ali, Executive Director Kenya Hospices & Palliative Care Association (KEHPCA).

KELIN, and 30 other stakeholders, including Reproductive Health Rights Alliance, Kenya Hospice and Palliative Care Association, Health Options for Young Men, Ipas Africa Alliance, and Dandelion Kenya participated in the discussion. The key recommendations made by the 31 Civil Society Organizations Working on the Right to Health included:

  • Establishing a health professional tribunal – The bill should establish a health tribunal for any person to file a complaint about the manner in which he or she was treated at a healthcare facility.
  • Setting clear timelines for enacting regulations – For all clauses that are geared towards establishment of enabling legislation and regulations, the bill must set out timelines within which the legislation or regulations are to be made.
  • Recognizing mature minors – The Committee should recognize the right of mature minors to give consent in accessing health care services as already recognized in the HIV Prevention and Control Act.
  • Eliminating provisions of the bill that are unconstitutional – The committee should strike all clauses of the proposed bill that do not align with the Kenyan Constitution, particularly those involving the establishment of the Kenya Health and Human Resource Advisory Council.

KELIN and other stakeholders will follow up to see how the Senate responds to the proposed amendments. This health bill is a pivotal law that will lay the foundation for laws focusing on the right to health, including reproductive health laws and mental health. At this point, the Senate has the ability to accept the proposed amendments and submit the bill back to the National Assembly for mediation over any unresolved issues before it is forwarded to the office of the President, where it will be signed into law.

Key documents

  1. Letter to the Clerk of the Senate
  2. Memoranda on Health Bill 2015
  3. Health Bill

To continue contributing to the discussions on this forum, follow KELIN on our social media platforms:

Twitter: @KELINKenya using these hashtag: #HealthBill2015

Facebook: http://www.facebook.com/kelinkenya

 For more information contact:

Allan Maleche

Executive Director,

Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)

4th Floor, Somak Building, Mombasa Road

Tel +254202515790; Cell +254708389870

Email: amaleche@kelinkenya.org