The Community Health Promoters Bill, 2022

REPUBLICOFKENYA

PARLIAMENT

NATIONALASSEMBLYBILLS (BillNo.53of2022)

THECOMMUNITYHEALTHPROMOTERSBILL,2022

(A Bill published in the Kenya Gazette Supplement No. 183 of 2022 and passed by the National Assembly, with amendments, on Wednesday, 20th November, 2024)

N.A./B/No.53/2022

THECOMMUNITYHEALTHPROMOTERSBILL, 2022

ARRANGEMENTOFCLAUSES

Clause

PARTI-PRELIMINARY

• 1—Short title.
• 2—Interpretation.

PARTII-ESTABLISHMENT,FUNCTIONSAND POWERSOFTHECOMMUNITYHEALTH PROMOTERSCOUNCIL

• 3—Establishment of the Council.
• 4-Headquarters of the Council.
• 5—Functions of the Council.
• 6Membership of the Council.
• 7—Term of office.
• 8—Vacation of office.
• 9—Powers of the Council.
• 10—Conduct ofbusiness and affairs of the Council.
• 11—Remuneration.
• 12—Staff.
• 13— -Experts.
• 14-Common seal.
• 15—Protection from personal liability.
• 16—Liability for damages.

PARTIII-REGISTRATIONANDTRAININGOF COMMUNITYHEALTHPROMOTERS

• 17—Appointment of Registrar.
• 18—Qualification of theRegistrar.
• 19—Functions of the Registrar.
• 20—Particulars of the register.
• 21—Inspection of the register.

• 22—Registration and effect of registration.
• 23—Prescribed courses for registration.
• 24Surrender of certificates.
• 25—Use of titles.

PARTIV-DISCIPLINE

• 26—Establishment of aDisciplinaryCommittee.
• 27—Disciplinary powers of the Committee.
• 28—Proceedings of theDisciplinaryCommittee.

PARTVFINANCIALPROVISIONS

• 29—Funds of the Council.
• 30—Financial year.
• 31—Annual estimates.
• 32—Accounts and audit.
• 33—Annual report.

PARTVI-PROVISIONSONDELEGATED LEGISLATION

• 34-Regulations.

PARTVII-TRANSITIONALPROVISIONS

• 35—Transitional provisions.

FIRSTSCHEDULE

CONDUCTOFBUSINESSANDAFFAIRSOF THEBOARD

SECONDSCHEDULE

PRESCRIBEDCOURSES

THECOMMUNITYHEALTHPROMOTERSBILL,2022

ABillfor

ANACTofParliamenttoregulatethepracticeof communityhealthpromoters;tomakeprovision for the training andregistrationof community health promoters;toestablish the Community Health Promoters Council and for connected purposes

ENACTED by the Parliament of Kenya, as follows-—

PARTI-PRELIMINARY

1. This Act may be cited as the Community Health Short tile. Promoters Act, 2022. 2. 2.In this Act,unless the context otherwise requires—

"Cabinet Secretary" means the Cabinet Secretary for the timebeingresponsibleformattersrelatingtohealth;

"certificate" means a certificate of registration issued by the Council to a person entitled to be registered under this Act;

"community health unit' has the meaning assigned to itundersection2of thePrimaryHealthCareAct,2023;

"Council"means the Community Health Promoters Councilestablishedundersection3;

"County Chief Officer of Health"" means a county chief officer of health appointed under section 45 of the County GovernmentsAct;

Cap.265.

No.13of2023.

"community health promoter" has the meaning assignedtoit under section 2of thePrimaryHealth Care Act,2023;

"register" means the register of community health promoters which the Registrar is required to maintain under section 19;and

"Registrar" means the person appointed as a Registrar under section17of thisAct.

Interpretation.

No.13 of 2023.

PARTII-ESTABLISHMENT,FUNCTIONSAND POWERSOFTHECOMMUNITYHEALTH PROMOTERSCOUNCIL

3.(1) There is established a Council to be known as the Community HealthPromoters Council.

(2)The Council 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 movable and immovable property;
• (c)borrowing money or making investments;
• (d) entering into contracts; and
• (e) doing or performing all other things or acts necessary for the proper performance of its functions under this Act,which may lawfully be done or performed by a body corporate.

4. The headquarters of the Council shall be in Nairobi.

• 5.The Council shall perform the following functions-
• (a) assess the qualifications of communityhealth promoters;
• (b)ensurethemaintenanceandimprovementof the standardsofpractice by communityhealth promoters;
• (c) establish a professional code and supervise the professional conduct and practice of community health promoters;
• (d) take the necessary disciplinary measures in cases ofviolations of professional conductand discipline;
• (e) maintain the register and keep·a record of all communityhealthpromotersregistered under this Act;
• (f) collaborate with other bodies such as the Kenya Medical Practitioners and Dentists Council,the Central Board of Health,the Clinical Officers

Establishment of the Council.

Headquarters of the Council.

Functions of the Council.

Council-of Kenya, the Nursing Council of Kenya and the Pharmacy and Poisons Board, in furtheranceof thefunctionsof theCounciland these bodies;

• (g)advisethe( Cabinet tSecretary and county governments on community health matters; and
• (h) consider and deal with any other matter pertaining to community health 1promoters including prescribing badges, insignia or uniforms to be worn by community health promoters.

6. (1) The Council shall consist of

• (a) the Director-General for Health or a representative designated in writingby the Director-General for Health;
• (b) one person from a non-governmental organisation in the health sector nominated bythe NonGovernmental Organisations Coordination Board;
• (c) one person nominated by the Public Health Officers and Technicians Council;
• (d) two persons with knowledge and experience in mattersofcommunityhealthappointedbythe Cabinet Secretary;
• (e)twopersons,one of whom shall be a County Chief OfficerofHealth,withknowledgeandexperience in matters of communityhealthnominated by the Council of County Governors to represent the interests of counties; and
• (f)theRegistrar who shall be the secretary and an ex officiomember of theCouncil.

(2) The Chairperson shall be appointed by the Cabinet Secretary from amongst the members under subsection (1) (d) and (e).

(3) A person shall not be qualified for appointment as a member of the Council under subsection (1)(d) and (e) if the person——

• (a)has been and remains removed from the register or his or her registration, enrolment or licence has been suspended under section 27(a) and (b);

Membership of the Council.

• (b) hasbeenremovedfrom publicofficefor contravening the Constitution or any other law; or
• (c)is an undischarged bankrupt.
• (4) All appointments shall be notified in the Gazette.

7. The members appointed under section 6 (1)(b), (c), (d) and (e) shall hold office for a term of three years and shall be eligible for reappointment for one further term.

8.(1) A member of the Council, other than an exofficiomember,shall ceasetobe a member of the Council if such person—-

• (a)is unable to perform the functions of the office by reason of mental or physical infirmity;
• (b)is adjudged bankrupt;
• (c)is convicted of a criminal offence and sentenced to a term of imprisonment of more than six months;
• (d)is absent from three consecutive meetings of the Councilwithoutgood cause;
• (e)resigns in writing by a notice addressed to the Cabinet Secretary;
• (f) dies; or
• (g)is removed in accordance with theprovisions of the Constitution.

(2)The Council shall be properly constituted notwithstanding a vacancy in its membership.

9.The Council shall have all thepowers necessaryfor the proper performance of its functions under this Act and inparticular,butwithout prejudice to thegenerality of the foregoing, the Council shall have the power to—-

• (a)manage, control and administer its assets in such a manner andfor suchpurposes asbestpromotes the purpose for which the Council is established;
• (b) open such bank accounts for its funds as may be necessary;
• (c) determine the provisions to be made for capital andrecurrentexpenditureandforthereservesof

Term of office.

Vacationof office.

Powersof the Council.

the Council;

• (d) subject to approval of the Cabinet Secretary for the time being responsible for matters relating to finance, invest any of the Council's funds not immediately required for the purposes of this Act, as it may determine;
• (e) receive gifts, grants, donations or endowments madetotheCouncilandmakedisbursements therefrom;
• f enter into association with such other bodies or organisations within or outside Kenya as it may consider desirable or appropriate andin furtherance of the purposes for which the Council is established;and
• (g)undertake any activity necessary for the fulfilment of any of its functions.

10.The Council shall conductits affairsin accordance with the provisions of the First Schedule,but subject thereto, the Council may regulate its own procedure.

11.The members of the Council shall be paid such remuneration,allowances and disbursements for expenses consultation withtheSalariesandRemuneration Commission.

12. The Council may appoint such officers, agents and staff as are necessaryfor theproper and efficient discharge of the functions of the Council under this Act,upon such terms and conditions of service as the Council may determine in consultation with the Salaries and Remuneration Commission.

13. (1) The Council may engage the services of such expertsin respect of anyof its functions in which the expertshave special competence.

(2) A person attending a meeting as an expert under this section may participate in any discussion at the meetingbutshallnotvote.

14.(1)The common seal of the Council shall bekept in the custody of the Registrar or of such other person as Conduct of business and affairsof the Council.

Remuneration.

Staff.

Experts.

Common seal.

theCouncilmaydirect,andshallnotbeusedexcepton the orderoftheCouncil.

(2) The affixing of the common seal of the Council shallbeauthenticatedbythesignatureoftheChairperson and theRegistrar.

(3) The Council shall in the absence of either the Chairperson or the Registrar, in any particular matter, nominateonememberoftheCounciltoauthenticatethe sealoftheCouncilonbehalfofeithertheChairpersonor theRegistrar.

(4)Thecommonsealof theCouncilwhenaffixedtoa documentanddulyauthenticated,shallbejudiciallyand officially noticed,and unless the contrary is proved,any necessaryorder or authorizationbythe Councilunderthis sectionshall bepresumed tohavebeendulygiven.

15.(1) No matter done by a member of the Council or by any officer,member of staff or agent of the Council shall, if the matter or thing is done bona fide for the purpose of executing thefunctions,powers or duties of the Council under this Act, render the member, officer, employee\_or agent\_or any\_person acting on their directions personally liable in an action, claim or demand whatsoever.

prosecution brought against him or her in any court, in respect of any actwhich is done orpurported to be done by him orher under thedirectionof the Council,shall,if the court holds that such act was done bona fide,bepaid out of thefundsoftheCouncil,unlesssuchexpensesare recovered by him or her in such suit or prosecution.

16. The provisions of section 15 shall not relieve the Council of the liability to pay compensation or damages to any person for any injury to him or her,his or her property oranyofhisorherinterestscausedbytheexerciseof any power conferred by thisAct or any otherwrittenlaw or by thefailure,whollyorpartially,of anyworks.

PARTIII-REGISTRATIONANDTRAININGOF COMMUNITYHEALTHPROMOTERS

17.(1) There shall be a Registrar of the Council recruitedandappointedbytheCouncilthrougha Protectionfrom personal liability.

Liability for damages.

Appointmentof Registrar.

competitiveprocess.

• (2) The Registrar shall hold office on such terms and conditions of employment as the Council may determine.

18. A person shall qualify for appointment as the Registrar if that person —- 3. (a) is a citizen of Kenya; 4. (b)has a minimum of a degreefrom auniversity recognised inKenya; and 5. (c)is a registered communityhealth promoter with at least ten years'experience in community health. 19. The Registrar shall— 7. (a)receive applications for registration; 8. (b) advise the Council on matters relating to the profession; 9. (c) keep and maintain a register of community health promoters; 10. (d) publish on its website a list of the names, addressesandqualificationsof theregistered communityhealthpromotersnotlater than31st March in every year; and 11. (e) subject to the directions of the Council, make any necessary alterations or corrections in the register in relation to an entry including the deletion of names of communityhealth promoters whohave died and entries whichhave beenfraudulently or incorrectly made. 20. (1) The register shall contain the following particulars of community health promoters-- 13. (a) name and address; 14. (b) qualifications of the community health promoter; and 15. (c)placeof business or employment of the community health promoter. 16. (2)A community health promoter shall notify the Registrar of any change of particulars.

Qualificationof theRegistrar.

Functions of the Registrar.

Particulars of the register.

| 21.Any person may inspect the register and any documents relating to any entry,and may obtain from the Registrar, a copy of, or an extract from the register on paymentof theprescribedfee. | Inspectionof the register. | |----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------| | 22. (1) A person shall be qualified for registration, if he or she-- | Registration and effectof registration. | | (a) has successfully undergone a prescribed course of training at an approved training institution; | | | (b) has applied forregistration in the prescribed form; (c) has paid the prescribed fees for registration; | | | (d) has engaged in training under the supervision of a registeredcommunityhealthpromoter forsuch period, being not less than one year or such period as the Council may prescribe; and | | | (e) is a fit and proper person to be registered. (2)Any person whois aggrieved by the decision of the | | | Council not to registerhim or her may appeal to theHigh Courtwithinsixtydaysofsuchrefusal and theHigh Court mayconfirm,annul orvarythe Council's decision. (3)The Registrar shall,with the approval of the | | | Council, issue to every person registered under this Act a 23. The prescribed courses for a person to qualify to | | | certificateofregistrationin theprescribedform. beregisteredasacommunityhealthpromotershallbeas setoutintheSecondSchedule. | Prescribed courses forregistration. | | 24. A person whose name is removed from the register for anyreasonshallwithinthirtydays of publicationof theremovalintheGazette,surrenderhis or her certificate of registration tothe Councilfor cancellation. | Surrender of certificates. | | 25. The Council shall prescribe such title or titles as maybeused todenote that aperson isregistered under this Act. | Use oftitles. | | PARTIV—DISCIPLINE | | | 26.(1)There is established the Community Health PromotersDisciplinaryCommittee. | Establishment ofa Disciplinary Committee. | | (2) The Committee shall consist of- | |

• (a) the Chairperson of the Council;
• (b) one representative of the Cabinet Secretary who shallnotbe amemberoftheCouncil;
• (c)arepresentativeof theAttorney-Generalwith at least ten years' experience as an advocate of the High Court;
• (d)arepresentative of thePublicHealth Officersand Technicians Council;and
• (e)one communityhealth promoter nominated by the Council of County Governors.

(3) The Registrar of the Council shall be the Secretary to the Disciplinary Committee but shall have no voting power.

(4)The quorum of the Committee shall be three members.

(5) The Disciplinary Committee shall receive and investigate complaints against community health promoters in accordance with the rules and regulations under this Act.

(6)Subject to this Act, the Disciplinary Committee shallregulateitsownprocedures.

27.The Disciplinary Committee may make the following orders against a community health promoter —

• (a) removal from the register;
• (b) suspension of registration; or
• (c)imposition of a fine.

28. (1) Upon an inquiry held by the Committee, the personwhose conduct isbeinginquiredintoshallbe afforded an opportunity of being heard either in person or through an advocate.

(2) For the purposes of proceedings at any inquiry held.by the Disciplinary Committee,the Committee may administer an oath,and may subject to anyregulationmade under thisAct,enforceattendanceofpersons aswitnesses and theproductionofbooksanddocuments.

(3) Any person whose name has been removed from theregister shall forthwith surrender tothe Council his or Disciplinary powersofthe Committee.

Proceedings of the Disciplinary Committee.

her certificate of'registration.

(4)Acommunityhealthpromoterwhocontravenes subsection(3)commits an offenceand upon conviction, shallbeliabletoa finenotexceeding twentythousand shillings.

(5)A communityhealth promoterwhois aggrievedby thedecisionoftheCouncilin theexerciseofitspowers under this section may,within sixty days from the date of the decision of the Council, appeal to the High Court.

PARTV-FINANCIALPROVISIONS

• 29.The Funds of the Council shall consist of
• (a) such monies as may be appropriated by the NationalAssemblyfor the purposes of the Council;
• (b) suchmonies asmaybepayableto the Council pursuant tothisAct or anyotherwrittenlaw;
• (c) gifts, grants, donations or endowments as may be given to the Council;
• (d) anyfundsprovidedbybilateralor multilateral donors,forthepurpose-ofthe-Council;
• (e) feesfor services rendered by the Council; and
• () moniesfromanyotherlawfulsourceprovided for the Council.

30.The financialyear of the Council shall be the period of twelve months ending on the thirtieth of June in each year.

31.Atleastthreemonthsbeforethecommencementof each financial year, the Council shall cause to be prepared estimates ofrevenue and expenditure of the Council for that year.

32.(1) The Council shall cause to be kept proper books and records of accounts of the income,expenditure, assets and liabilitiesof the Council.

(2)Within theperiodof threemonthsafter theendof eachfinancialyear,theCouncilshall submittotheAuditorGeneral,theaccountsoftheCouncilinrespectof thatyear togetherwith—

Funds of the Council.

Financial year.

Annualestimates.

Accounts and audit.

• (a)a statement ofincome and expenditure-duringthe year; and
• (b) a balance sheet of the Council on the last day of thatyear.

(3)The accountsof the Council shall be audited and reportedupon in accordance with the provisions of the PublicAuditAct.

Cap.412B.

Annualreport.

33.The Council shall,before the endof June in each year, cause a report on the work carried out by the Council during thatfinancialyear tobe supplied to theCabinet Secretary, and shall cause such further information as may be required by the Cabinet Secretary from time to time to be supplied.

PARTVI-PROVISIONSONDELEGATED LEGISLATION

34.(1) The Cabinet Secretary may in consultation with the Council, make regulations for the better carrying into effect thefunctions of theAct.

Regulations.

(2) Without prejudice to the generality of subsection (1), the regulations made under this section may provide for--

• (a) the attendance ofwitnesses and theproduction of books and documents at an inquiryheld by the Disciplinary Committee;
• (b) the forms tobe used in connection with this Act;
• (c) the fees tobe charged under this Act; and
• (d) the standards andconditionsof professional practice of a person registered or licensed under this Act.
• (3) For the purpose of Article 94(6) of the Constitution—-
• (a)thepurpose and objective of the delegation under thissection is toenable theCabinet Secretary to makerulestoprovideforthebetter carryinginto effect the provisions of this Act;
• (b) theauthorityof theCabinetSecretarytomake regulationsunderthisActwillbelimitedto

bringing into effect the provisions of this Act and fulfilment of the objectives specified under this section;and

• (c)theprinciplesandstandardsapplicabletotherules madeunderthissectionarethosesetoutinthe Interpretation and General Provisions Act and the StatutoryInstrumentsAct.

PARTVII-TRANSITIONALPROVISIONS

35. Within twenty four months upon the commencementofthisAct,theCouncil shallensurethat communityhealthpromoterswho,immediatelybeforethe commencement of this Act,have not undertaken the courses prescribed shall undertake any of the courses prescribed in the Second Schedule for purposes of registration as a communityhealth promoter under thisAct.

Cap.2. Cap.2A.

Transitional provisions.

FIRSTSCHEDULE

COUNCIL

1.(1) The Council shall meet not less than four times ineveryfinancialyear andnotmorethantwomonthsshall lapsebetween thedateof onemeetingand thedateof the nextmeeting.

(s.10)

Meetings.

(2) A meeting of the Council shall be held on such date and at such time as the Chairperson shall appoint.

(3)Unlessthemajorityof themembershipof the Council otherwise agree,at least fourteen days'notice of every meeting shall be given to every member.

(4) The Chairperson shall on the written application of at least one-third of the members,convene a special meeting of the Council.

(5)The quorumfor the conduct of thebusiness of the Councilshallbefourmembersatleasttwoofwhomshall be members appointed under section 6 (1)(d).

(6) The Chairperson shall, when present, preside at everymeetingof theCouncil butthememberspresentshall electonemembertopresidewhenevertheChairpersonis absent, and the person so elected shall have all the powers of the Chairperson withrespect to that meeting and the businesstransactedthereat.

(7) Unless an unanimous decision is reached, a decision on any matter before the Council shall be by a majority of the votes of the members present and voting, andincaseofanequalityofvotes,theChairpersonor the person presiding shall have a casting vote.

(8) Subject to subparagraph (5), no proceedings of the Council shall be invalid byreason only of avacancy among the membersthereof.

2.(1)A member whohas aninterest in any contract, or othermatter present at ameeting shall at the meeting and assoonasreasonablypracticableafter thecommencement, disclosethefactthereofandshallnottakepartinthe consideration or discussion of, or vote on,any questions withrespectto the contract orother matter,or becounted in Disclosureof Council interestby members.

the quorum of themeeting duringconsideration of the matter.

(2) A disclosure of interest made under subparagraph (1) shall berecorded in the minutes of themeeting atwhich it is made.

(3)Amember of theCouncil who contravenes subparagraph (1) commits an offence and is liable on conviction to imprisonment for a term not exceeding six months,or to a fine not exceeding onehundred thousand shillings,or toboth.

3.Any contract or instrument which, if entered into or executed by a person not being a body corporate,would not requiretobeunderseal,maybeenteredintoorexecutedon behalf of the Council by any person generally or specially authorizedbytheCouncil.

4. The Council shall cause minutes of all resolutions and proceedings of meetings of the Council tobe entered in bookskept for that purpose.

Execution of instruments.

Minutes.

SECONDSCHEDULE PRESCRIBEDCOURSES

(s. 23)

A person is eligible for registration as a community health promoter where the person has undertaken training in—

• (a)community health;
• (c)counselling;
• (b)psychology;
• (d)social work;
• (e)community HIV counselling and testing;
• (g)community development;
• (f) immunization;
• (h)health education; or
• (i) any other relevant training as prescribed by the Cabinet Secretary.

I certify that this printed impression is a true copy of the Bill passed by the NationalAssembly on the 20thNovember,2024.

S

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ClerkoftheNationalAssembly

Endorsed for presentation to the Senate in accordance with the provisions of Standing Order 142 of the National Assembly Standing Orders.

efauaus

SpeaReroftheNdtionalAssembly