Report On The Harmonization Of The Proposed Amendments To The Assisted Reproductive Technology Bill, 2022

CLERK-AT

REPUBLICOFKENYA THENATIONALASSEMBLY THIRTEENTHPARLIAMENT-FOURTHSESSION DEPARTMENTALCOMMITTEEONHEALTH

REPORTONTHE

HARMONIZATIONOFTHEPROPOSEDAMENDMENTSTOTHEASSISTED REPRODUCTIVE TECHNOLOGY BILL,2022(NATIONALASSEMBLY BILLNO.61 OF 2022)BY THEHON.MILLIE ODHIAMBO,MP

Published by: DirectorateofDepartmentalCommittees Clerk's Chambers Parliament Buildings NAIROBI

Table of Contents

| LISTOFANNEXURES | | |--------------------------------------------------------------------------------------------------------------------------------------------------|----| | Annexure1:MinutesofCommitteesittings | | | Annexure 2:Report adoption schedule. | | | Annexure3:Matrix on committeeresolutions ontheproposed amendments | | | CHAIRPERSON'SFOREWORD | | | CHAPTERONE | | | 1.1ESTABLISHMENTANDMANDATEOFTHECOMMITTEE | | | 1.2COMMITTEEMEMBERSHIP | | | 1.3COMMITTEESECRETARIAT | | | NATIONALASSEMBLYBILLNO.61OF2022. | | | 3.OCONSIDERATIONANDHARMONIZATIONOFTHEPROPOSED AMENDMENTSTOTHEASSISTEDREPRODUCTIVETECHNOLOGYBILL (NATIONALASSEMBLYBILLNO.61OF2022). | | | 3.1Referral oftheAssistedReproductiveTechnologyBill(National AssemblyBill No. | 6 | | 610f2022). | | | CHAPTERFOUR | | | 4.0COMMITTEEOBSERVATIONSONTHEHARMONIZATIONOFPROPOSED AMENDMENTSTOTHEASSISTEDREPRODUCTIVETECHNOLOGYBILL (NATIONAL ASSEMBLY BILL NO. 61 OF 2022).. | | | CHAPTERFIVE | | | 5.0COMMITTEERECOMMENDATIONSONTHEHARMONIZATIONOF | | | TECHNOLOGY BILL (NATIONALASSEMBLY BILLNO.61OF2022). | | | 6.0SCHEDULEOFAMENDMENTS | |

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LISTOFANNEXURES

Annexure 1: Minutes of Committee sittings

Annexure2:Report adoption schedule

Annexure 3: Matrix on committee resolutions on the proposed amendments

CHAIRPERSON'SFOREWORD

This Harmonization Report presents the proceedings of the Departmental Committee on Health on its consideration and harmonization of the proposed amendments to the Assisted Reproductive Technology Bill, 2022 (National Assembly Bill No. 61 of 2022), as proposed by the CommitteeandHon.PeterKaluma,MP.

The Bill, sponsored by Hon. Millie Odhiambo, MP, was published on 24th November 2022 and readfor theFirstTimeonWednesday,3rdMay2023.It was subsequently committedtothe DepartmentalCommittee onHealthfor consideration,facilitation of public participation pursuant toArticle 118 of the Constitution,and reporting to the House in accordance with Standing Order 127(1).

The Bill has fifty-two (52) clauses and seeks to provide for the regulation of assisted reproductive technology, to prohibit certain practices in connection with assisted reproductive technology, to establish anAssisted Reproductive Technology Directorate,and tomake provision in relation to children born through Assisted Reproductive Technology processes and for connected purposes.

During the CommitteeoftheWholeHouseonWednesday,11thJune 2025,theBill was referred back to the Departmental Committee on Health for the harmonization of the proposed amendmentsby theCommittee and Hon.PeterKaluma,MP.

The Committee is grateful to the Office of the Speaker and the Clerk of the National Assembly for thelogistical and technical supportextended throughouttheprocess.

On behalfofthe Committee,and pursuant to Standing Order 127(4), it is my honour and privilege to table this Report on the HARMONIZATIONprocess undertaken by the Departmental Committee on Health in its consideration of the Assisted Reproductive Technology Bill, 2022 (National Assembly Bill No.61 of 2022).

HON.DR.NYIKALJAMESWAMBURA,CBS,MP CHAIRPERSON,DEPARTMENTALCOMMITTEEONHEALTH

CHAPTERONE

1.1ESTABLISHMENTANDMANDATEOFTHECOMMITTEE

• 1.The Departmental Committee on Healthis established pursuant to the provisions ofStanding Order 216 of the National Assembly Standing Orders and in line with Article 124 of the Constitution which provides for the establishment of the Committees byParliament.The mandateandfunctionsoftheCommitteeinclude:
• a)To investigate, inquire into, and report on all matters relating to the mandate, management
• b To study the programme and policy objectives of ministries and departments and the effectiveness oftheimplementation;
• ba) on a quarterly basis, monitor and report on the implementation of the national budget in respect of itsmandate;
• Tostudy andreviewall legislationreferredtoit;
• d) To study,assess and analyse the relative success of the ministries and departments as measured by theresultsobtained ascomparedwiththeirstatedobjectives;
• e) they may deem necessary, and as may be referred to them by the House;
• f Vet and report on all appointments where the constitution or any other larw requires the national Assembly to approve, except those understanding Order 204 (Committee on appointments);:
• g) To examine treaties,agreements and conventions;
• h) To make reports and recommendations tothe House as often as possible, includingrecommendation ofproposedlegislation;
• ) To consider reports of Commissions and Independent Offices submitted to the House pursuant to theprovisionsofArticle254oftheConstitution;and
• To examine any questions raised by Members on a matter within its mandate.
• 2.In accordance with the Second Schedule ofthe Standing Orders,the Committeeis mandated to consider mattersrelated tohealth,medical care and health insurance includinguniversal healthcoverage.
• 3.In executingits mandate,the Committee oversights the Ministry of Health with its two State Departments namely the State Department for Medical Services and the State Department forPublicHealthandProfessionalStandards.

UDA Party

1.2COMMITTEEMEMBERSHIP

• 4.TheDepartmental Committee onHealth was constituted bytheHouse on 27th October 2022 and comprises of the following Members:

Chairperson

Hon. (Dr.) Nyikal James Wambura, MP Seme Constituency ODM Party

Vice-Chairperson

Hon.Ntwiga,Patrick Munene,MP Chuka/Igambang'ombe Constituency

Hon. (Dr.) Robert Pukose, MP Endebess Constituency

Hon. Kibagendi Antoney, MP Kitutu Chache South Constituency ODM Party

Hon. Mathenge Duncan Maina, MP Nyeri Town Constituency

UDA Party

Hon. Julius Ole Sunkuli Lekakeny, MP Kilgoris Constituency

KANU

Hon.MukhwanaTitusKhamala,MP Lurambi Constituency

ANC Party

Hon. (Prof.) Jaldesa Guyo Waqo, MP Moyale Constituency

UPIA Party

Hon. Oron Joshua Odongo, MP Kisumu Central Constituency

ODM Party

UDA Party

Hon. Owino Martin Peters,MP Ndhiwa Constituency ODM Party

Hon. Muge Cynthia Jepkosgei, MP Nandi (CWR)

UDA Party

Hon. Wanyonyi Martin Pepela, MP WebuyeEastConstituency

Ford Kenya Party

Hon. Kipng'ok Reuben Kiborek, MP Mogotio Constituency

UDA Party

Hon. Maingi Mary, MP Mwea Constituency

UDA Party

Hon. Lenguris Pauline, MP Samburu (CWR) UDA Party

1.3COMMITTEESECRETARIAT

• 5.The Committee is supported by the following secretariat:

Mr.HassanAbdullahiArale ClerkAssistantI/HeadofSecretariat

Ms. Gladys Jepkoech Kiprotich

ClerkAssistantIII

Mr. Timothy Kimathi ClerkAssistantIII

| Ms. Marlene Ayiro | Ms.Sheila Chebotibin | |---------------------------|----------------------------| | Principal Legal Counsel I | Principal Serjeant-At-Arms | | Ms. Faith Chepkemoi | Ms. Abigael Muinde | | Legal Counsel II | Research OfficerIII | | Mr. Hiram Kimuhu | Ms. Rahab Chepkilim | | Fiscal Analyst II | AudioRecording Officer II | | Mr Eric Lungai | Mr. Hillary Mageka | | Hansard Reporter II | MediaRelations OfficerIII |

CHAPTERTWO

2.0 OVERVIEW OF THE ASSISTED REPRODUCTIVE TECHNOLOGY BILL,2022, NATIONALASSEMBLYBILLNO.61OF2022.

• 6.TheBill seeks toprovidefor the regulation of assisted reproductive technology,toprohibit certain practices in connectionwith assisted reproductivetechnology,to establishanAssisted Reproductive Technology Directorate and to make provision in relation to children born through assisted reproductive technology processes and for connected purposes.

7. PART I (Clause 1-4) of the Bill contains the preliminary provisions on the short title, interpretation, application and object and purpose of the Act.

• 8.PART II(Clause 5-10)ofthe Bill provides for the establishmentofthe Assisted Reproductive TechnologyDirectorate,its composition and functions.It alsosets out the obligations of the National Government andCountyGovernments inmatters of Assisted Reproductive Technology.
• 9.PART III (Clause 11-19) of the Bill provides for matters regulating prohibited activities in relation to the use ofembryos, use of gametes, and use of gametes obtained from a minor. It alsoprovidesfor obtaining theconsent ofpartieswhogo through assistedreproductive technology processes, and sets out the circumstances for undertaking assisted reproductive technology and the circumstances underwhich assistedreproductivetechnologyisprecluded.
• 10.PART IV (Clause 20-32)ofthe Bill provides for the rights of commissioning parents,donors and children in relation to the right to assisted reproductive technology, the right to assisted reproductivetechnology by intersexpersons.It alsomakesprovisions on theuseof sperm after the death of a man, consent to assisted reproductive technology services, the duties of assisted reproductive technology experts, the rights that accrue to children born through selection andcommercial artificialreproductivetechnology andsaleofhumangametes, zygotes and embryos.
• 11.PART V(Clause 33-37) of theBill provides for matters regulating access to information as regards assisted reproductive technology including the establishment of an assisted reproductive technology register, the processing and provision ofinformation bythe Assisted Reproductive Technology Directorate and restrictions on disclosure ofinformation.
• 12.PART VI(Clause 38-49)oftheBill provides for the regulation oflicensing to offerassisted reproductionrelated services.It alsosetsouttheconditionstobemetbefore alicenceis issued and revoked as well as the right of review and appeal where a licence is denied.
• 13.PART VIII (Clause 50 and 51) of the Bill contains miscellaneous provisions on general penalty and offences related to the regulation of assisted reproductive technology.

• 14.PART IX (Clause 52) of the Bill provides for the making of Regulations by the Cabinet Secretary responsible for health in consultation with the Assisted Reproductive Technology Directorate.

CHAPTERTHREE

• 3.0 CONSIDERATIONAND HARMONIZATIONOFTHE PROPOSED AMENDMENTSTOTHEASSISTEDREPRODUCTIVETECHNOLOGYBILL (NATIONAL ASSEMBLY BILL NO. 61 OF 2022)
• 3.1 Referral oftheAssisted Reproductive TechnologyBill(National AssemblyBill No.61 of 2022)

15. The Assisted Reproductive Technology Bill (National Assembly Bill No. 61) sponsored by Hon. Millie Odhiambo, MP was read a First Time on 3rd May, 2023 and committed to the Departmental Committeeon Healthfor facilitation ofpublic participationpursuant toArticle 118 of the Constitution and reporting to the House, pursuant to Standing Order 127(1).

• 16.On Wednesday,11th June, 2025,during the Committee of the Whole House, the Bill was referredbacktotheDepartmentCommittee onHealthforHarmonizationoftheamendments proposed by the Committee and the Hon.Peter Kaluma,MP,to the Bill.
• 17.Pursuant to the provisions of Standing Order 131,the Speaker directed that all the amendmentsreceived bereferred totheDepartmental CommitteeonHealthand besubjected toHarmonization.

3.2COMMITTEECONSIDERATIONOFTHESUBMISSIONS

18. The Committee undertook the Harmonization process with Hon. Millie Odhiambo, MP (the sponsor of the Bill) and Hon. Peter Kaluma, MP, and made observations and recommendations on all the proposed amendments.

CHAPTERFOUR

4.0COMMITTEEOBSERVATIONSONTHEHARMONIZATIONOFPROPOSED (NATIONAL ASSEMBLY BILL NO. 61 OF 2022)

• 19.The Committee, having considered the amendments as proposed to the Assisted ReproductiveTechnologyBill,2022by the CommitteeandHonourable Members,the Committeemadethefollowingobservations:
• (a)The Regulations under the proposed Bill are too technical, substantive and of great significance and as such they require affirmative resolution,that is,they should be approved in draft form by both Houses of Parliament before they are published by the CabinetSecretaryforHealth;
• (b)Thereis aneed torestrict theprovisionof assistedreproductivetechnology services to onlyKenyan citizens toprevent theexploitation of thecitizens ofKenya;and
• (c) The Bill also protects the rights of children born out of assisted reproductive technology includingin their registrationin linewithArticle 53 of the Constitution and the Children Act,(Cap.141).

CHAPTERFIVE

• 5.0COMMITTEERECOMMENDATIONS ONTHEHARMONIZATIONOF PROPOSEDAMENDMENTSTOTHEASSISTEDREPRODUCTIVETECHNOLOGY BILL (NATIONALASSEMBLY BILL NO.61OF2022)
• 20.TheCommittee,having considered theamendments tothe Assisted Reproductive Technology Bill (National Assembly Bill No. 61 of 2022) proposed by the Committee and Hon. Peter Kaluma, MP recommends that the House approves the Bill with the amendments set out in Chapter six of this report.

SIGNED.

DATE.

HON.DR.NYIKALJAMESWAMBURA,CBS,MP CHAIRPERSON,DEPARTMENTALCOMMITTEEONHEALTH