Report Of The Health Comittee On Community Health Promoters-

STANDINGCOMMITTEEONHEALTH

PARLIAMENT OF KENYA LIBRARY

REPORTONTHECOMMUNITYHEALTHPROMOTERSBILL,2022(NATIONAL ASSEMBLYBILLSNO.53OF2022)

PAFERS LAID

97/2025

DATE

TABLED BY

1H25115

COMMITTEE

tis is fowarded wth recommndahen fyr appnval fovtabling Snilr' I/+fas.

CLERK AT THE TABLE

Mch4riq.

CLERK'SCHAMBERS, PARLIAMENTBUILDINGS, NAIROBI.

JUNE,2025

TABLEOFCONTENTS

| TABLEOFCONTENTS. | TABLEOFCONTENTS. | |-----------------------------------------|---------------------------------------------| | PRELIMINARIES. | PRELIMINARIES. | | ESTABLISHMENTANDMANDATEOFTHECOMMITTEE 3 | ESTABLISHMENTANDMANDATEOFTHECOMMITTEE 3 | | COMMITTEEMEMBERSHIP. 3 | COMMITTEEMEMBERSHIP. 3 | | CHAIRPERSON'SFOREWORD | CHAIRPERSON'SFOREWORD | | CHAPTERONE | CHAPTERONE | | 1. | INTRODUCTION. 6 | | 1.1 | OVERVIEWOFTHEBILL 6 | | CHAPTERTWO | CHAPTERTWO | | 2. | OVERVIEWOFPUBLICPARTICIPATIONONTHEBILL 9 | | CHAPTERTHREE .10 | CHAPTERTHREE .10 | | 3. | COMMITTEEOBSERVATIONSANDRECOMMENDATIONS .10 | | 3.1 | COMMITTEEOBSERVATIONS.. 10 | | 3.2 | COMMITTEERECOMMENDATIONS. 11 | | LISTOFANNEXES.. .12 | LISTOFANNEXES.. .12 |

PRELIMINARIES

The Standing Committee on Health is established pursuant to standing order 228 (3) and the Fourth Schedule of the Senate Standing Orders and is mandated to consider all matters relatingtomedicalservices,publichealth and sanitation.

Establishment andMandate of the Committee

• Pursuant to Standing Order 228(4), the Committee is specifically mandated to1) investigate, inquire into, and report on all matters relating to the mandate, management,activities,administration and operations of theMinistry ofHealth anditsdepartments;
• 3 study and review all legislation referred to it;
• 2 )study the programme and policy objectives of the Ministry of Health and its departments, and the effectiveness of the implementation thereof;
• 5) consider theBudgetPolicy Statement in linewith theCommittee's mandate; 6 report on all appointmentswhere theConstitutionor any lawrequires theSenate toapprove; D make reports and recommendations to the Senate as often as possible,including recommendations forproposed legislation; 8 considerreports ofCommissions andIndependent Officessubmitted to theSenate
• 4) )study,assessandanalysethesuccessoftheMinistryofHealth anddepartments assigned to it as measured by theresults obtained as comparedwith their stated objectives;
• pursuant to theprovisions of Article254of theConstitution; 9
• 11)follow up and report on the status of commitments made by the Cabinet Secretaries in their response to questions under Standing Order 51C
• examineanystatementsraisedbySenatorson a matterwithinitsmandate;and 10)follow up and report on the status of implementation of resolution within its mandate;and

Committee Membership

The Committee is comprised of the following members-

• Sen. Jackson K. Mandago, EGH, MP 2.

• Sen.Mariam Sheikh Omar, MP 3.

• Chairperson

• Sen. Justice (Rtd.) Stewart Madzayo, EGH, MP 4.

• Vice-Chairperson

• Sen.Ledama Olekina, MP

-Member

5. Sen. David Wafula Wakoli, MP

-Member

6. Sen.Maureen Tabitha Mutinda,MP

-Member

7. Sen. Joseph Githuku Kamau, MP

-Member

8. Sen. Richard Momoima Onyonka, MP 9. Sen. Hamida Ali Kibwana, MP

-Member

• Member

• Member

CHAIRPERSON'SFOREWORD

The Community Health Promoters Bill, 2022 (National Assembly Bills No. 53 of 2022) sponsored by Hon. Martin Peters Owino, MP was introduced in the National Assembly on 14th June, 2023. The Bill was passed by the National Assembly, with amendments, on 2nd December, 2024 and was thereafter referred to the Senate for consideration in Senate by way of First Reading on 4th December, 2024 and thereafter stood committed to the Committee onHealthfor consideration.

The principal object of the Bill is to regulate community health promoters by establishing the Community Health Promoters Council to regulate the profession and also by providing for registration, training and disciplining of community health promoters.

Pursuant to the provisions of Article 118 of the Constitution and standing order 145 (5) of the Senate Standing Orders, the Standing Committee on Health invited interested members of the public and stakeholders to submit any representations that they may have on theBill bywayof written memoranda.Theinvitationsweremadevide advertisements which appeared in the Daily Nation and the Standard on Friday, 31st January, 2025.

At the close of the public. participation period, a total of five (5) written memoranda from members of the public had been received by the Committee. A comprehensive list of all submissions, views and proposed amendments were thereafter captured, compiled and presented in a matrixfor the Committee's consideration.

During consideration of the Bill, the Committee observed the current law governing Community Health Promoters is the Primary Healthcare Act, 2023. The Act establishes a comprehensive regulatory framework for Community Health Promoters, vesting selection authority in community participation forums pursuant to section 9(1) with subsequent appointment by county governments. The Act also provides specific qualification criteria under section 9(2) with a major focus on residency and language literacy.

The Primary Healthcare Act, 2023 provides for the functions of Community Health Promoters under section 11(1), (2) and (3). These functions include health education provision, disease prevention, household monitoring, first aid services, referrals to health facilities, community-based surveillance, psycho-social support and management of communityhealthdata.

The Committee observed that the Bill therefore creates an unnecessary legislative duplication with existing statutory frameworks. Further, there are some counties like Tana River which have enacted Community Health Services Acts and developed attendant regulations. As such, creating a parallel legislation would undermine the existing legal framework and create regulatory confusion.

With the foregoing, the Committee recommends that the Bill should not be proceeded With.

As I conclude, I wish to sincerely thank the Office of the Speaker and the Office of the Clerk of the Senate for the support extended to the Committee in execution of its mandate. I also wish to extend my gratitude to the Committee members for their diligence, commitment and insightful contributions throughout consideration of this Bill.

It is now my pleasant duty, pursuant to standing order 148 (1) of the Senate Standing Orders, to present the Report of the Standing Committee on Health on its consideration of the Community Health Promoters Bill, 2022 (National Assembly Bills No. 53 of2022)

I thankyou

Signedy

Date.

SEN.JACKSONK.ARAPMANDAGO,EGH,MP, CHAIRPERSON,STANDINGCOMMITTEEONHEALTH.

1. Introduction

• 1 The Community Health Promoters Bill, 2022 (National Assembly Bills No. 53 of 2022) was introduced in the Senate by way of First Reading on 4th December, 2024 and thereafter stood committed to the Standing Committee on Health for consideration.
• 2 The principal object of the Bill is to regulate community health promoters by establishing theCommunityHealthPromoters Council toregulate theprofession and also by providing for registration, training and disciplining of community health promoters.

1.1Overviewof theBill

• 3)The Community Health Promoters Bill proposes establishment of the Community :HealthPromoters Council whosefunctions would be-
• b) ensure the maintenance and improvement of the standards of practice by community health promoters;
• a) assess the qualifications of community health promoters;
• c) establish a professional code and supervise the conduct and practice of community health promoters;
• d) take the necessary disciplinary measures in cases of violations of professional conduct and discipline;
• e) maintain the register and keep a record of all communityhealth promoters registered under this Act;
• f)collaboratewith otherbodies such as theKenyaMedical Practitioners and Dentists Council, the Central Board of Health and the Clinical Officers, Council of Kenya;
• h) advise the Cabinet Secretary and county governments on community health matters; and
• g)the Nursing Council of Kenya and the Pharmacy and Poisons Board, in furtherance of the functions of the Council and these bodies;
• i) consider and deal with any other matter pertaining to community health promoters including prescribing badges, insignia or uniforms to be worn by community health promoters.
• The Council would consist of the following4)
• a) the Director-General for Health or a representative designated in writing by the Director-General for Health;
• b) one person from a non-governmental organisation in the health sector nominated by the Non-Governmental Organisations Coordination Board;
• c) one person nominated by the Public Health Officers and Technicians Council;
• appointed by the Cabinet Secretary;

CHAPTERONE

• e) two persons, one of whom shall be a County Chief Officer of Health, with knowledge andexperience inmattersof communityhealthnominatedby the Council of County Governors to represent the interests of counties; and
• f) the Registrar who shall be the secretary and an ex-officio member of the Council.

3. 5 The Chairperson of the Council is to be appointed by the Cabinet Secretary from among the persons in paragraphs (4) and (5) above. 4. 9 The registrar is to be appointed by the Council, and he or she qualifies for appointment if the person-

• a) is a citizen of Kenya;
• b) has a minimum of a degree from a university recognised in Kenya; and
• c) is a registered community health promoter with at least ten years' experience in community health

8. 7 The functions of the registrar are to-

• a) receive applications for registration;
• b) advise the Council on matters relating to the profession;
• c) keep and maintain a register of community health promoters;
• d) publish on its website a list of the names, addresses and qualifications of the registered
• e) community health promoters not later than 31st March in every year; and
• f) 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 which havebeen fraudulently or incorrectly made.

15. 8 A person qualifies for registration as a community health promoter if he or she-

• a) has successfully undergone a prescribed course of training at an approved training institution;
• b) has applied for registration in the prescribed form;
• c) has paid the prescribed fees for registration;
• d) has engaged in training under the supervision of a registered community health promoter for such 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.

21. 9 A person is eligible for registration as a community health promoter where the person has undertaken training in-

• a) community health;
• b) psychology;
• c) counselling;
• d) social work;
• e) community HIV counselling and testing;
• f) immunization;
• g) community development;

29. h)health education; or

• i) any other relevant training as prescribed by the Cabinet Secretary.
• 10) The Community Health Promoters Disciplinary Committee is responsible for receiving and investigating disputes against community health promoters. Members oftheCommitteeinclude-

32. a)the Chairperson ofthe Council;

• b) one representative of the Cabinet Secretary who shall not be a member of the Council;
• c) a representative of the Attorney-General with at least ten years' experience as an advocate of the High Court;
• d) a representative of the Public Health Officers and Technicians Council; and
• e) one community health promoter nominated by the Council of County Governors.
• 11) The Council shall ensure that community health promoters who have not undertaken the prescribed courses do so within twenty-four months upon the commencement of this Act so that they can qualify for registration.
• 12) The Bill will provide for registration and disciplining of persons working as community health promoters, so as to ensure that the public are served by duly qualified and registered professionals.

CHAPTERTWO

2.Overview of PublicParticipation on theBill

• 13) Pursuant to the provisions of Article 118 of the Constitution and standing order 145 (5) of the Senate Standing Orders, the Standing Committee on Health invited interestedmembersofthepublicandstakeholderstosubmitanyrepresentationsthat they may have on the Bill by way of written memoranda. The invitations were made vide advertisements which appeared in the Daily Nation and the Standard on Friday, 31st January,2025 (Annex 3).
• 14) At the close of the public participation period, a total of five (5) written memoranda werereceivedfrom thefollowingstakeholders-
• b) Society of Community Health Caregivers (SOCHE);

4. a Community Health Services and Development Officers Association (CHESOA); 5. The Community Health Promoters of Kenya; d

• e) Advocates for Community Health Volunteers of Kenya

7. Community Health Services and Development Officers Association;

• 15) A comprehensive list of all submissions, views and proposed amendments were thereafter captured, compiled and presented in a matrix (Annex 4) for the Committee's consideration. The stakeholder submissions were considered by the Committee during its meeting held on 3rd April, 2025.
• 16) The Committee further sought views from the Cabinet Secretary, Ministry of Health and the Chairperson, Council of Governors on the implementation status of the sections 8-13 of the Primary Health Care Act, 2023 and the challenges, if any, faced by the county governments in the management of the Community Health Promoters program.

CHAPTERTHREE

3.COMMITTEEOBSERVATIONSANDRECOMMENDATIONS

3.1CommitteeObservations

• 17)Following gextensivedeliberationsandanalysisofthesubmissions and representations on the Bill, the Committee makes the following observations -
• a) The Community Health Promoters Bill, 2022 (National Assembly Bills No. 53 of 2022) creates an unnecessary legislative duplication with existing statutory frameworks. The Primary Health Care Act, 2023 (Act No. 13 of 2023) already comprehensively addresses community health workforce regulation, including registration, recruitment, training, remuneration and supervision of community health promoters. County governments are currently implementing the Act, with some counties like Garissa and Tana River having enacted Community Health Services Acts and developed regulations. Creating a parallel legislation would therefore undermine the existing legal framework and create regulatory confusion.
• b) There is no justification for establishing a separate Community Health Promoters Council asproposed in theBill as there exists no clearly definedprofession of Community Health Promoters that warrants a standalone regulatory body. The community health promoters currently earn the title by dint of their employment and not professional qualifications and therefore lack autonomy of practice necessary for the establishment of any profession. The proposed council would therefore create unnecessary bureaucratic layers in the oversight of community healthworkers.TheCommitteefurthernotesthattheestablishmentof the Council as proposed in the Bill contradicts the government's policy requiring professional regulatory bodies to be financially self-sustaining as opposed to being funded through budgetary allocations.
• c) Under thePrimaryHealthcareAct,theCommunityHealthPromotersarefully under the mandate of the County Governments. The enactment of the Community Health Promoters Bill in its current form proposes the transfer of this function to a Community yHealth Promoters Council consisting largely of persons representing the national government. This would undermine the role of counties in the provision of healthcare services whereas the health function is a devolved function under Part 2 of the Fourth Schedule to the Constitution.
• d) The Council of County Governors who are the primary implementers of the Primary Healthcare Act indicate that there is no legislative gap regarding the regulation of Community health promoters to be addressed through a legislation. They propose that any proposal for introduction of formal education requirements for CHPs is better addressed through subsidiary legislation which the ministry is currently working on.

3.2CommitteeRecommendations

• 18) Having considered the Community Health Promoters Bill, 2022 (National Assembly Bills No. 53 of 2022) and the submissions received thereon, the Standing Committee on Health recommends to the Senate that the Bill not be proceeded with.

LISTOFANNEXES

Annex 1:

Minutes of the Committee Sittings

Annex 2:

Copy of the Community Health Promoters Bill, 2022

Annex 3:

Advertisement as published in the Dailies

Annex 4:

TheBill Digest

Annex5:

The Legal Brief

Annex6:

Matrixof stakeholder submissions to theBill

ANNEX1-

Minutes of Committee Sittings

13THPARLIAMENT J4THSESSION

MINUTES OF THE TWENTY THIRD (23RP) SITTING OF THE STANDING COMMITTEE ON HEALTH HELD ON THURSDAY, 8TH MAY, 2025 AT 11.00 PMINBUNGETOWERS,FIRSTFLOORCOMMITTEEROOM7

MEMBERSPRESENT

1. Sen. Mariam Sheikh Omar, MP 2. Sen. Tabitha Mutinda, MP 3. 3.Sen. Joseph Githuku Kamau, MP 4. Sen. Hamida Kibwana, MP 5. Sen. Richard Onyonka, MP

ABSENTWITHAPOLOGY

1. Sen. Jackson K. Arap Mandago, EGH, MP 2. Sen. Ledama Olekina, MP 3. Sen. Justice (Rtd.) Stewart Madzayo, EGH, MP 4. 4.Sen.David Wakoli, MP

SENATESECRETARIAT

1. Mr. Humphrey Ringera 2. Mr. David Ngamate 3. 3.Mr. Gilbert Juma 4. Mr. Ian Otieno 5. Mr. Ibrahim Odindo 6. Ms. Purity Nginyi

MIN/SEN/SCH/119/2025

• Vice-Chairperson
• -Member
• -Member
• -Member
• -Member
• Chairperson
• -Member

-Member

• -Member
• -SeniorResearch Officer
• Clerk Assistant
• Legal Counsel
• Audio Assistant
• Serjeant-At-Arms
• -Attache

PRELIMINARIES

The Chairperson called the meeting to order at twenty-five minutes past·eleven and the proceedings commenced with a word of prayer said by the Chairperson. This was followed by a round of introductions by theMembers.

MIN/SEN/SCH/120/2025

ADOPTIONOF THEAGENDA

The agenda of the meeting was adopted after being proposed by Sen. Tabitha Mutinda, MP, and seconded by Sen. Richard Onyonka, MP, as listed below-

• 1) Prayers;
• 2) Adoption of the/Agenda;

3. 3)Confirmation 6f Minutes of previous meetings-

• (1) Minutes of the 11th meeting held on 20rh March, 2025;
• (3) Minutes of the 13th meeting held on 8th April, 2025;
• (2) Minutes of the 12ih meeting held on 3rd April, 2025;
• (4) Minutes of the 14"h meeting held on 10"h April, 2025; and

8. 4)Consideration of the Committee Report on the Community Health Promoters Bill (National Assembly Bills No. 53 of 2022) (Committee Paper No.124);

• (5) Minutes of the 16h meeting held on 17th April, 2025
• 5) Any other business; and
• 6) Adjournment/Date of the Next Meeting.

MIN/SEN/SCH/121/2025

CONFIRMATIONOFTHEMINUTESOF THEPREVIOUSSITTINGS

• 1)The Minutes of the 12th meeting held on Thursday 3rd April, 2025 at 11:00 a.m. were confirmed as a true record of the proceedings of the Committee having been proposed by Sen. Tabitha Mutinda, MP, and seconded by Sen. Richard Onyonka, MP;
• 2 The Minutes of the 13th meeting held on Tuesday, 8th April, 2025 at 11:00 a.m. were confirmed as a true record of the proceedings of the Committee having been proposed by Sen. Richard Onyonka, MP, and seconded by Sen. Tabitha Mutinda, MP; and
• 3) The Minutes of the 16th meeting held on Tuesday, 17th April, 2025 at 11:00 a.m. were confirmed as a true record of the proceedings of the Committee having been proposed by Sen. Hamida Kibwana, MP, and seconded by Sen. Tabitha Mutinda, MP.

MIN/SEN/SCH/122/2025

| CONSIDERATION OF | |-------------------------------------| | THE COMMUNITYHEALTH PROMOTERS | | BILLNATIONALASSEMBLYBILLSNO. | | 53 OF 2022)(COMMITTEE PAPER NO.124) |

• 1 TheSecretariat presented a brief on the Community HealthPromotersBill, 2022 (Bill No. 53 of 2022) as contained in Committee Paper No. 124;
• 2) The Committee was informed that he Bill was passed by the National Assembly, with amendments, on 2nd December, 2024 and was thereafter referred to the Senate for consideration in accordance with Article 110 (4) of the Constitution. The Bill was introduced in the Senate by way of First Reading on 4th December 2024 and thereafter stood committed to the Committee on Health for consideration.
• 3)Pursuant to the provisions of Article 118 of the Constitution and standing order 145 (5) of the Senate Standing Orders, the Standing Committee on Health invited

• interested members of the public and stakeholders to submit any representations that they may have on the Bill by way of written memoranda. The invitations were made vide advertisements which appeared in the Daily Nation and the Standard on Friday,31st January,2025;
• 4 At the close of the public participation period, a total of five (5) written memoranda had been received by the Committee. A comprehensive list of all submissions, views and proposed amendments were thereafter captured, compiled and presented in a matrix for Committee's consideration. Consequently, these stakeholder submissions were considered by. the Committee during its meeting held on 3rd April, 2025;
• s (DLS) had prepared a legal brief which analyzed the Community Health Promoters Bill, 2022 (Bill No. 53 of 2022) for Committee consideration.

Advisory from the Directorate of Legal Services

• 6 The Committee was informed that the analysis identified potential legal conflicts between the proposed Community Health Promoters Bill and Primary Healthcare Act.It alsohighlighted theeffecton theBillof thepolicy directive contained in the presidential directive on state corporations reform contained in the Executive Office of the President Press Release (Issue No. 1 of 2025);
• 7 TheCommitteewasinformed that the currentlawgoverning theCommunity Health Promoters is the Primary Healthcare Act, 2023. The Act establishes a comprehensive regulatory framework for community health promoters, vesting with subsequent appointment by county governments. The Act also provides specific qualification criteria under'section 9(2) with a major focus on residency andlanguage literacy;
• 8) The Community Health Promoters Bill, 2022, on the other hand, proposes a conflicts with the provisions of the Primary Healthcare Act. Two legislative instruments dealing with same subject matter but containing varied provisions have the potential to cause confusion in the implementation and interpretation of thelaw;
• 9 The Community Health Promoters Bill, 2022 seeks to establish a centralized Community Health Promoters Council as a body corporate with the primary responsibility of regulating the Community Health Promoters profession. However, the Primary Health Care Act, 2023 clearly mandates the County Governmentstobein charge of thecommunityhealthpromotersincluding their selection, designation of functions, registration and overseeing the ethical standards.

• 10)The Bill seeks to enforce ethical standards through the establishment of a professional code of conduct for community health promoters. The Primary Health Care Act on the other hand codifies specific ethical obligations directly in section 11(3)(a) to (e) of the Act;
• 11) The Committee was further informed that the Presidential directive (Issue No. 1 of 2025, dated 21s January 2025) seeks to reorganize state corporations by merging entities with duplicating functions and also declassifying professional bodies categorized as state corporations. The Directive provides that the thirteen professional bodies currently categorized as state corporations should be declassified and should not be financed through budgetary allocations;
• a) The Clinical Officers Authority
• 12)The Committee was informed that the entities affected by this directive are largely professional bodies in the Health Sector including -
• b) Council of the Institute of Nutritionists and Dieticians
• d)Kenya Medical Laboratory Technicians and Technologists Board
• c)Kenya HealthProfessionals Oversight Authority
• e) Kenya Medical Practitioners and Dentists Council
• g) Nursing Council of Kenya
• f)Public Health Officers and Technicians Council and
• 13)The Community Health Promoters Bill establishes the Community Health Promoters Council under clause 3 with a budgetary funding model similar to the professional bodies listed above. While the directive is not binding to Parliament, it shapes the policy direction when dealing with government agencies. The proposal therefore goes against the spirit of the presidential directive issued on 21st of January, 2025.

14)During deliberations the Committee Observed that-

• (1) Currently, the Community Health Promoters are fully under the mandate of theCounty Governments.The enactment of the Community Health Promoters Bill in its current form proposes the transfer of this function to a Council consisting largely of persons representing. the national government. This would undermine the role of counties in the provision of healthcare service whereas the health function is a devolved function under Part 2 of the Fourth Schedule to the Constitution; and
• (2) The PrimaryHealthcare Act deliberately classifies community health employment rather than advanced educational qualifications represents a clear legislative intent to establish them as communityfacilitatorsrather than professionals with regulatory oversight and autonomous practice authority.

Committee Resolution

• 15) with the foregoing, the Comimittee resolved to seek views from the Cabinet Secretary, Ministry of Health and the Chairperson, Council of Governors on the Bill with specific emphasis on the following issues-
• (2) The number of Community Health Promoters hired and registered across the 47 counties since the enactment of the Primary Healthcare Act, 2023;
• (1) The implementation status of sections 8-13 of the Primary Health Care Act, 2023 in the counties;
• (3) The challenges, if any, faced by the county governments in the management of the Community Health Promoters;
• (5) The Ministry's views on establishment of a regulatory body such as the proposed Community Health Promoters Council; and
• (4) The Ministry's position on setting out formal education qualifications for Community Health Promoters beyond the current requirements as set out in the Primary Healthcare Act, 2023;

7. strengthen the existing Community Health Promoters Program.

MIN/SEN/SCH/123/2025

ANYOTHERBUSINESS

Members raised concerns over lack of publicity and media coverage in mainstream and social media including Senate Weekly Journal. They further raised concerns over the inordinate time taken to update the Committee activities on the social media.

MIN/SEN/SCH/124/2025

ADJOURNMENT

The meeting was adjourned at fifty minutes past twelve noon. The next meeting would be held on Tuesday 13th May, 2025 at 11.00 am.

SIGNED:

202S

SEN.JACKSON K.ARAP MANDAGO,EGH,MPM (CHAIRPERSON, COMMITTEE ON HEALTH)

MEMBERSPRESENT

13TH PARLIAMENT 14TH SESSION

MINUTESOFTHETWELFTHSITTINGOFTHESTANDINGCOMMITTEEON HEALTHHELDONTHURSDAY,3RPAPRIL2025AT10.00AMINBUNGETOWERS, COMMITTEEROOM3.

1. Sen. Jackson K. Arap Mandago, EGH, MP

ABSENTWITHAPOLOGY

• 2.Sen.MariamSheikh Omar,MP

• Chairperson

3. Sen. Richard Onyonka, MP

• Vice-Chairperson

4. Sen: Tabitha Mutinda, MP

-Member

5. Sen. Joseph Githuku Kamau, MP

• Member

• 6.Sen.Hamida Kibwana, MP

-Member

• 1.Sen. Justice (Rtd.) Stewart Madzayo, EGH MP

2. Sen. Ledama Olekina, MP

SENATESECRETARIAT

3. Sen. David Wakoli, MP 1. Mr. Humphrey Ringera 3. Mr. Gilbert Juma 2. Mr. David Ngamate 4. Mr. Ryan Injendi 6. Ms. Lilian Onyari 5. Mr. Dennis Amunavi 7. Mr. Ian Otieno 8. Purity Nginyi

MIN/SEN/SCH/063/2025

MIN/SEN/SCH/064/2025

-Member

-Member

-Member

-Member

• Senior Research Officer
• Legal Counsel
• Clerk Assistant
• Research Officer
• Fiscal Analyst
• Research Officer
• Audio Assistant

PRELIMINARIES

• Attaché (DsEC)

The Chairperson called the meeting to order at twenty minutes past ten o'clock and the proceedings commenced with a word of prayer said by the Chairperson.

The agenda of the meeting was adopted after being proposed by Sen. Joseph Githuku Kamau, MP, and seconded by Sen.Hamida Kibwana, MP, as listed below-

ADPOTIONOFTHEAGENDA

• 1) Prayers;

2. 2 3. Adoption of the Agenda;

• 3) Confirmation of Minutes of the previous meetings; Minutes of the 2nd meeting held on 27th February, 2025;
• (1) Minutes of the 9th meeting held on 13th March 2025; and
• (2) Minutes of the 10th meeting held on 18th March 2025.

7. (3) 8. 4 Matters arising from Minutes of the previous meeting Consideration of the Community Health Promoters Bill, 2024 (National Assembly Bill No.

• 5) 53 of 2022 (Committee Paper No. 114); Consideration of the Tobacco Control (Amendment) Bill (Senate Bills No.35 of 2024)

10. 6 (Committee Paper No.113); 11. 7 Any other business; and Adjournment/Date of the Next Meeting.

8)

MIN/SEN/SCH/065/2025

CONFIRMATIONOFTHEMINUTESOFTHE PREVIOUSSITTINGS

Confirmation of the Minutes of the previous meeting was deferred following re-organisation of the agenda

MIN/SEN/SCH/066/2025

MATTERSARISINGFROMMINUTESOFTHE PREVIOUSMEETINGS

There were no matters arising from the Minutes of the previous meeting following reorganisation of the agenda

MIN/SEN/SCH/067/2025

CONSIDERATIONOFCOMMUNITYHEALTH PROMOTERS BILL, 2024 (NATIONAL ASSEMBLYBILLNO.53OF2022:

• 1) The Secretariat presented the Community Health Promoters Bill, 2024 (National Assembly Bill No. 53 of 2022) as contained in Committee Paper No. 114 for consideration.

2. 2)The Committee was informed that the Community Health Promoters Bill, 2024 (National Assembly Bill No.53 of 2022) was introduced in the Senate by way of First Reading on 4th December, 2024 and thereafter stood committed to the Standing Committee on Health for consideration. Pursuant to standing order 145 of the Senate Standing Orders, the Committee is required to facilitate public participation and to consider the views and recommendations of the public when it submits its report to the Senate; 3. The principal object of the Bill is to regulate community health promoters by establishing 3) the Community Health Promoters Council to regulate the profession and also by providing for registration, training and disciplining of community health promoters;

• 4)The Committee was informed that while the Country had made significant strides in its efforts to achieve universal health care by implementing various strategies such as Kenya Primary Healthcare Strategic Framework 2019-2024, the Kenya Community Health Policy 2020-2030 and the Primary Healthcare Act. No. 13 of 2023, there have been gaps in legislation particularly on training and registration of community health promoters;
• 5)The Committee was further informed that in accordance with the provisions of Article 118 of the Constitution and standing order 145 (5) of the Senate Standing Orders, the Committee subsequently through public advertisements had invited interested members of the public to submit any representations that they may have on the Bill by way of written memorandum.Thereceivedsubmissionshadbeen tabulated inamatrixfor Committee consideration; and
• 6) Following consideration ofthe Matrix on stakeholder submissions, the Committee resolved to prepare its report for consideration during the next meeting.

MIN/SEN/SCH/068/2025

CONSIDERATION OF THE TOBACCO CONTROL(AMENDMENT)BILL(SENATE BILLSNO.35OF2024)(COMMITTEEPAPER NO.113):

The Consideration of the Tobacco Control (Amendment) Bill (Senate Bills No 35 of 2024) was pended to the next meeting due to time constraints.

MIN/SEN/SCH/069/2025

ANYOTHERBUSINESS

1. The Committee resolved to be holding meetings at 11:00 a.m. to provide Members sufficient time to attend to other competing responsibilities and meetings that commence earlier; and 2. 2.Members raised concerns over the incessantlackof teas and refreshments and audio recording equipment during Committee meetings.

MIN/SEN/SCH/070/2025

The meeting was adjourned at half past one o'clock. The next meeting was scheduled to be held on Monday 7th April 2025 at 10.00 a.m.

ADJOURNMENT

SIGNED:

DATE08/05/2025

SEN.JACKSONK.ARAPMANDAGO,EGH,MP (CHAIRPERSON,COMMITTEEONHEALTH)

13THPARLIAMENTI4THSESSION

• 1.Sen. Jackson K.Arap Mandago, EGH, MP 2. Sen Mariam Omar, MP

4. Sen. David Wakoli, MP

MINUTES OF THE TWENTY SEVENTH(27TH)SITTING OF THE STANDING COMMITTEE ONHEALTHHELD ON THURSDAY,29THMAY,2025AT10.00 PMINBUNGETOWERS,FIRSTFLOORCOMMITTEEROOM4 MEMBERSPRESENT

3. Sen. Ledama Olekina, MP 5. Sen. Richard Onyonka, MP

ABSENTWITHAPOLOGY

• 6.Sen. Tabitha Mutinda, MP
• 1.Sen. Justice (Rtd.) Stewart Madzayo, EGH MP
• 2.Sen. Joseph Githuku Kamau, MP

SENATESECRETARIAT

• 3.Sen. Hamida Kibwana, MP

1. Mr. Humphrey Ringera 3. Mr. Gilbert Juma 2. Mr. David Ngamate 4. Mr. Ryan Injendi 6. Mr. Ian Otieno 5. Ms. Lilian Onyari 7. Mr. Jamie Otieno

• Vice Chairperson
• Chairperson
• -Member
• -Member
• -Member
• Member
• Member
• -Member
• -Member
• -Senior Research Officer
• Legal Counsel
• Clerk Assistant
• Research Officer
• Audio Assistant
• Fiscal Analyst
• Attache' (DsEC)

The Chairperson called the meeting to order at fifteen minutes past ten o'clock and the proceedings commenced with a word of prayer said by the Chairperson and a round of introductions.

PRELIMINARIES

MIN/SEN/SCH/141/2025

MIN/SEN/SCH/142/2025

The agenda of the meeting was adopted after being proposed by Sen. David Wakoli, MP, and secondedbySen.Mariam Omar,MP,aslistedbelow-

• 1
• 2) 3) Matters arising from the Minutes of the Previous Committee Meeting;
• Prayers; Adoption of the Agenda; Confirmation of the Minutes of the 23rd Sitting held on Thursday 8th May, 2025;
• 4 Consideration and Adoption of the Committee Report Community Health Promoters
• 5) Bill, 2024 (National Assembly Bill No. 53 of 2022 (Committee Paper No.128);
• 6 Any other business; and Adjournment/Date of the Next Meeting.

7

CONFIRMATIONOFMINUTES

MIN/SEN/SCH/143/2025 The Minutes of the 23rdmeeting held onThursday 8thMay, 2025were confirmed as a true record of the proceedings having been proposed by Sen. Richard Onyonka, MP and seconded by Sen. Tabitha Mutinda, MP.

MIN/SEN/SCH/144/2025

CONSIDERATIONANDADOPTIONOF THE COMMITTEE REPORT ON THE COMMUNITYHEALTHPROMOTERS BILL,2022(NATIONALASSEMBLYBILL NO.53OF2022

1. The Secretariat presented the Committee Report on the Community Health Promoters Bill,2022(National AssemblyBill No.53of 2022)for consideration as contained in 2. Committee Paper No. 128; 2. The Committee was informed that the Ministry of Health (MoH) had submitted that the provisions of the Bill are similar to the provisions in the Primary Health Care (PHC) Act, 2023 which could lead to conflict in application of the law relating to Community Health Promoters. The Ministry had consequently proposed that efforts should be made towards developing regulations to strengthen the implementation of the PHC Act, 2023; 3. The Committee was further informed that the Council of Governors (CoG) had submitted that county governments are in the process of implementing sections 3-13 of the PHC Act,2023 and that some counties had even enacted their own Community Health Services Acts and developed attendant regulations to implement these laws. 4. 4.The Committeewasfurtherinformed theCoGhad insteadrecommended that theCHP program should be strengthened and as such the MoH should hasten the development of regulations under the Primary Health Care Act. It was further recommended that the county governments should, where necessary, enact their own community health services laws that take into account their specific unique circumstances in the implementation of community health services.

ADOPTIONOFTHEAGENDA

Committee Observations

CommitteeResolution

5. The Committee observed that the submissions by the Ministry of Health and the Council of Governors were consistent with its observation that the Bill would create an unnecessary legislative duplication with existing statutory frameworks. 6. The Committee unanimously adopted its report on the Community Health Promoters Bill, 2022 (National Assembly Bill No. 53 of 2022). 7. The adoption of the report was proposed by Sen, Mariam Sheikh Omar, MP and seconded by Sen. Ledama Olekina, MP.

MIN/SEN/SCH/145/2025

The Committee resolved to undertake County Oversight and Networking Engagement in Kirinyaga, Laikipia, Isiolo, Meru and Garissa counties during the recess scheduled to take place between 12th June and 7th July, 2025

MIN/SEN/SCH/146/2025

The meeting was adjourned at eighteen minutes past eleven o'clock. The next meeting would beheldonnotice

ANYOTHERBUSINESS

ADJOURNMENT

SIGNED:..

.......DATE.

SEN.JACKSONK.ARAPMANDAGO,EGH,MP (CHAIRPERSON, COMMITTEE ONHEALTH)

ANNEX2-

The Community Health Promoters

Bill, 2022 (National Assembly Bills) (Bill No. 53 Of 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 of business and affairs of the Council.
• 11—Remuneration.
• 12—Staff.
• 13—Experts.
• 14Common seal.
• 15—Protectionfrompersonalliability.
• 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 forregistration.
• 24Surrender of certificates.
• 25—Use of titles.

PARTIV-DISCIPLINE

• 26—Establishment of a Disciplinary Committee.
• 27—Disciplinary powers of the Committee.
• 28—Proceedings of the Disciplinary Committee. PARTV-FINANCIALPROVISIONS
• 29—Funds of the Council.
• 30—Financial year.
• 31—— Annual estimates.
• 32—Accountsand audit.
• 33Annual report. PARTVIPROVISIONSONDELEGATED LEGISLATION
• 34—Regulations. PARTVII-TRANSITIONALPROVISIONS
• 35—Transitional provisions.

FIRSTSCHEDULE

CONDUCTOFBUSINESSANDAFFAIRSOF THE BOARD

SECONDSCHEDULE

PRESCRIBEDCOURSES

THECOMMUNITYHEALTHPROMOTERSBILL,2022

ABillfor

• ANACTofParliamenttoregulate thepracticeof communityhealth promoters;tomakeprovision for thetraining and registration ofcommunity health promoters;toestablish the Community Health PromotersCouncilandfor connected purposes

ENACTED by the Parliament of Kenya, as follows-

PARTI-PRELIMINARY

• 1.This Act may be cited as the Community Health Promoters Act,2022.
• 2.In thisAct,unless the context otherwise requires

"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to health;

"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 itundersection2ofthePrimaryHealthCareAct,2023;

"Council" means the Community Health Promoters Council established under section 3;

Cap.265.

"County Chief Officer of Health" means a county chiefofficerofhealthappointedundersection45of the County GovernmentsAct;

No.13of2023.

"community health promoter" has the meaning assignedtoitunder section 2of thePrimaryHealthCare Act,2023;

"register" means the register of community health promoterswhich theRegistrarisrequired tomaintainunder section19;and

"Registrar" means the person appointed as a Registrar undersection17ofthisAct.

Short title.

Interpretation.

No.13 of 2023.

PARTII-ESTABLISHMENT,FUNCTIONSAND POWERSOFTHECOMMUNITYHEALTH PROMOTERSCOUNCIL

• 3.(1)Thereisestablished aCouncil tobeknown as the CommunityHealthPromoters 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)suingand 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 necessaryfor 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 Councilshallperform 1the following functions--
• (a) assess the qualifications of communityhealth promoters;
• (b)ensurethemaintenanceandimprovementofthe standards of practice bycommunity health promoters;
• (c)establish a professional code andsupervise 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 communityhealthpromotersregisteredunder this Act;
• (f)collaboratewith other bodies such as theKenya 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 ofKenya,theNursing CouncilofKenya and the Pharmacy and Poisons Board, in furtherance of thefunctions of the Council and these bodies;

• (g)advisethe Cabinet tSecretary andcounty governments on community health matters; and
• (h)consider and deal with any other matterpertaining tocommunity health promoters including prescribing badges, insignia or uniforms to be wornby communityhealthpromoters.
• 6.(1)TheCouncil shall consistof—
• (a) the Director-General for Health or a representative designated inwriting by theDirector-Generalfor Health;
• (b) one person from a non-governmental organisation inthehealthsector nominatedby theNonGovernmental Organisations Coordination Board;
• (c)one personnominated bythe Public Health Officers and Technicians Council;
• (d) two persons with knowledge and experience in mattersofcommunityhealthappointedbythe CabinetSecretary;
• (e) two persons, one of whom shall be a County Chief Officer ofHealth,withknowledgeandexperience inmattersofcommunityhealthnominatedbythe Council of CountyGovernors torepresent the interests ofcounties;and
• (f)theRegistrarwho shall be the secretary and anex officiomember of theCouncil.

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

(3)Aperson shall not bequalifiedfor appointment as a member of the Council under subsection (1)(d) and (e) if the person——

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

Membership of the Council.

• (b) has beenremovedfrompublic office for contravening the Constitution or any other law; or
• (c)is an undischarged bankrupt.
• (4)All appointments shall benotified 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 beeligibleforreappointmentforonefurther term.

8.(1) A member of the Council, other than an exofficiomember,shall ceasetobe amemberof theCouncil 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 convictedofa criminal offence and sentenced to a term ofimprisonment ofmore than sixmonths;
• (d)is absentfrom threeconsecutivemeetingsof the Councilwithoutgoodcause;
• (e)resigns in writing by a notice addressed to the Cabinet Secretary;
• (f) dies; or
• (g)isremovedinaccordancewith theprovisionsof the Constitution.
• (2) The Council shall be properly constituted notwithstanding a vacancy in its membership.

9. The Council shall have all the powers necessary for theproperperformance of itsfunctions under thisAct and in particular,butwithout prejudice to the generality of the foregoing, the Council shall have the power to

• (a)manage,control and administer its assets in such a manner and for such purposes as best promotes the purpose for which the Council is established;
• (b)open such bank accounts forits funds as maybe necessary;
• (c) determine the provisions to be made for capital andrecurrentexpenditure andfor thereserves of

Term ofoffice.

Vacation of office.

Powersofthe Council.

the Council;

• (d)subject to approval of the CabinetSecretaryforthe time beingresponsible for matters relating to finance, invest any of the Council's funds not immediatelyrequiredfor thepurposes of thisAct, as it may determine;
• (e) receive gifts, grants,donations or endowments madetotheCouncilandmakedisbursements therefrom;
• enterintoassociationwithsuchotherbodiesor organisations within or outside Kenya as it may consider desirable or appropriate and in furtherance of the purposesfor which the Council isestablished;and
• (g)undertake any activitynecessaryfor thefulfilment of any of itsfunctions.
• 10.TheCouncil shallconductitsaffairsin accordance with the provisions of the First Schedule,but subject thereto,theCouncil mayregulateitsownprocedure.
• 11.Themembersof theCouncilshallbepaid such remuneration,allowancesanddisbursementsfor expenses asmaybeapprovedbytheCabinetSecretaryin consultation withtheSalariesandRemuneration Commission.

12. The Council may appoint such officers, agents and staff as are necessaryfor theproper and efficient discharge ofthefunctionsof theCouncilunderthisAct,uponsuch termsand conditionsof serviceas theCouncilmay determine in nconsultationwiththeSalariesand Remuneration Commission. 13. (1) The Council may engage the services of such expertsinrespectofanyofitsfunctionsinwhichthe expertshavespecialcompetence.

• (2)A person attending a meeting asan expert under this section may participate in any discussion at the meetingbutshallnotvote.
• 14.(1) The common seal of the Council shall bekept inthecustodyoftheRegistrarorofsuchotherpersonas

Conductof business and affairsofthe Council.

Remuneration.

Staff.

Experts.

Common seal.

theCouncilmaydirect,andshallnotbeusedexceptonthe orderoftheCouncil.

(2)Theaffixingof thecommonsealof theCouncil shall be authenticated by the signatureof theChairperson andtheRegistrar.

(3)TheCouncil shallintheabsenceof either the Chairperson or the Registrar, in any particular matter, nominateonememberoftheCounciltoauthenticatethe sealoftheCouncilonbehalfofeither theChairpersonor the Registrar.

(4) The common seal of the Council when affixed to a documentanddulyauthenticated,shallbejudiciallyand officially noticed,and unless the contrary is proved,any necessaryorderorauthorizationbytheCouncilunderthis section shall bepresumed tohavebeen dulygiven.

15. (1) No matter done by a member of the Council or by any officer,member of staff or agent of the Council shall,ifthematterorthingisdonebonafideforthe 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 personallyliable in an action,claim or demand whatsoever.

prosecution brought against him or her in any court,in himorherunder thedirection oftheCouncil,shall,if the court holdsthatsuch actwas done bonafide,bepaid out of thefundsof the Council,unless such expenses are recovered by him or her in such suit or prosecution.

16.Theprovisions of section15 shall notrelieve the Council of the liability to pay compensation or damages to any person for any injury to him or her, his or her property or any of his orher interests caused by the exercise of any power conferred by thisAct or any other written law or by the failure, wholly or partially, of any works.

PARTIII-REGISTRATIONANDTRAININGOF COMMUNITYHEALTHPROMOTERS

17.(1)There shall be a Registrar of the Council recruited and appointed by the Council through a Protectionfrom personal liability.

Liabilityfor damages.

Appointment of Registrar.

competitiveprocess.

• (2)TheRegistrar shallholdofficeon such termsand conditionsofemploymentastheCouncilmaydetermine.

18.A person shall qualifyfor appointment as the Registrarifthatperson—

• (a) is a citizen of Kenya;
• (b) has a minimum of a degree from a university recognised in Kenya; and
• (c)isaregisteredcommunityhealthpromoterwith at least ten years'experiencein community health.

19. The Registrar shall-

• (a)receive applicationsfor registration;
• (b) advise the Council on matters relating to the profession;
• (c) keep and maintain a register of community health promoters;
• (d) publish on its website a list of the names, addressesandqualificationsoftheregistered communityhealthpromotersnotlaterthan31st March in every year; and
• (e) subject to the directions of the Council, make any necessary alterations or correctionsin theregister inrelationtoanentryincludingthedeletionof namesof communityhealthpromoterswhohave died andentrieswhichhavebeenfraudulentlyor incorrectly made.
• 20.(1)The register shallcontain the following particulars of communityhealth promoters-
• (a)name and address;
• (b)qualifications of the community health promoter; and
• (c)place of business oremployment of the community health promoter.
• (2)Acommunityhealth promoter shall notifythe Registrar of any change ofparticulars.

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 paymentoftheprescribedfee. 22. (1) A person shall be qualified for registration, if he or she-- 3. (a)has successfully undergone a prescribed course of training at an approved training institution; 4. (b) has applied for registration in the prescribed form; 5. (c)has paid the prescribed feesfor registration; 6. (d) has engaged in training under the supervision of a registeredcommunityhealthpromoterforsuch period, being not less than one year or such period as the Council may prescribe; and 7. (e) is a fit and proper person to be registered.

• (2) Any person who is aggrieved by the decision of the Council not toregister him orhermay appeal to theHigh Court within sixty days of such refusal and theHigh Court may confirm,annul orvary the Council'sdecision.
• (3) The Registrar shall, with the approval of the Council, issue to every person registered under this Act a certificate of registration in the prescribed form.

23. The prescribed courses for a person to qualify to beregisteredasacommunityhealthpromotershallbeas setoutintheSecondSchedule. 24. A person whose name is removed from the register for anyreasonshall within thirtydays of publication of theremovalin theGazette,surrenderhis or her certificate of registration to the Council for cancellation. 25. The Council shall prescribe such title or titles as maybe used to denote that a personisregistered under this Act.

PARTIV-DISCIPLINE

• 26.(1) There is established the Community Health Promoters Disciplinary Committe.
• (2)TheCommitteeshall consistof—

Inspectionof the register.

Registrationand effectof registration.

Prescribed courses forregistration.

Surrenderof certificates.

Use of titles.

Establishment ofa Disciplinary Committee.

• (a) the Chairperson of the Council;
• (b)onerepresentativeoftheCabinetSecretarywho shall notbeamemberofthe Council;
• (c)a representativeof the Attorney-Generalwith at least ten years' experience as an advocate of the High Court;
• (d) a representative of the Public Health Officers and Technicians Council;and
• (e)one community health promoter nominated by the Council of County Governors.
• (3) The Registrar of the Council shall be the Secretary to theDisciplinary 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 therules andregulations under this Act.
• (6)Subject to this Act,theDisciplinary Committee shall regulate its own procedures.

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 isbeing inquired intoshallbe 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 any regulation made underthisAct,enforce attendanceofpersonsaswitnesses andtheproductionofbooksanddocuments.
• (3)Any person whose name has been removed from theregistershall forthwith surrender to the Council his or

Disciplinary powersof the Committee.

Proceedingsof the Disciplinary Committee.

her certificate of registration.

(4)Acommunityhealthpromoter whocontravenes subsection (3) commits an offence and upon conviction, shallbeliabletoafinenotexceedingtwentythousand shillings.

(5)A communityhealthpromoter whois aggrieved by the decision of the Council in the exercise of itspowers under thissectionmay,within sixty daysfrom 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) suchmoniesasmaybe appropriatedbythe NationalAssemblyfor thepurposesof the Council;
• (b) such monies asmay be payable to the Council pursuant to this Act or any other written law;
• (C) gifts, grants,donations or endowments as may be given to the Council;
• (d) anyfundsprovidedbybilateralormultilateral donors, for the purpose of the Council;
• (e) feesfor services rendered by the Council;and
• () monies from any other lawful source provided for the Council.

30.The financial year of the Council shall be the periodof twelvemonthsendingonthe thirtiethof Junein each year.

31.Atleastthreemonthsbeforethecommencementof eachfinancialyear,the Council shall cause to be prepared estimatesofrevenue andexpenditure of theCouncil for that year.

32.(1) The Council shall cause tobe kept proper booksandrecordsofaccountsoftheincome,expenditure, assets andliabilitiesofthe Council.

(2)Within theperiod of threemonths after the end of eachfinancial year, the Council shall submit to the AuditorGeneral,the accounts of theCouncilinrespect of thatyear together with—

Funds of the Council.

Financial year.

Annualestimates.

Accounts and audit.

• (a)a statement ofincome andexpenditure during the year; and
• (b)abalancesheetoftheCouncilon thelastdayof that year.
• (3)Theaccountsof theCouncilshallbeaudited and reported upon in accordance with the provisions of the PublicAuditAct.
• 33.The Council shall,before theendofJune in each year, cause a report on the work carried out by the Council duringthatfinancialyear tobe suppliedtotheCabinet Secretary, and shall cause such further information as may be required by the CabinetSecretary 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 intoeffectthefunctionsoftheAct.

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

3. (a) theattendanceofwitnessesandtheproductionof books and documents at an inquiryheld by the Disciplinary Committee; 4. (b) the forms to be used in connection with this Act; 5. (c) thefees to becharged under thisAct; and 6. (d) the standards and conditions of professional practice of apersonregisteredorlicensed under this Act.

• (3) For the purpose of Article 94(6) of the Constitution--

8. (a)thepurposeand objective of the delegation under thissection is toenable theCabinetSecretary to makerules toprovidefor the better carryinginto effect the provisions of this Act; 9. (b) theauthorityof theCabinet Secretary tomake regulations under this Act will be limited to

Cap.412B.

Annualreport.

Regulations.

• bringinginto effect the provisions of this Act and fulfilment of theobjectives specified under this section; and
• (c)theprinciples and standards applicableto therules madeunderthissectionarethosesetoutinthe Interpretation and GeneralProvisionsActand the StatutoryInstrumentsAct.

PARTVII-TRANSITIONALPROVISIONS

35. Within twenty four months upon the commencementof thisAct,theCouncil shallensure that communityhealthpromoterswho,immediatelybefore the 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 promoterunder thisAct.

Cap.2. Cap.2A:

Transitional provisions.

FIRSTSCHEDULE

(s. 10)

CONDUCTOFBUSINESSANDAFFAIRSOFTHE COUNCIL

1.(1)The Council shallmeet notless than four times in everyfinancialyear andnotmore thantwomonths shall lapsebetweenthedateofonemeetingandthedateofthe next meeting.

Meetings.

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

(3)Unless the majorityof themembership of the Councilotherwise agree,at least fourteen days'notice of everymeetingshallbegiventoeverymember.

(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 Council shallbefourmembersatleasttwoofwhomshall be members appointed under section 6 (1)(d).

(6) The Chairperson shall, when present,preside at every meeting of the Council but thememberspresent shall electonemembertopresidewhenevertheChairpersonis absent,and thepersonso elected shall haveallthepowers of theChairpersonwithrespect to thatmeeting and the businesstransactedthereat.

(7) Unless an unanimous decision is reached, a decision on anymatterbefore theCouncil shallbebya 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 by reason only of a vacancy among themembersthereof.

2.(1) A member who has an interest in any contract, orother matter present at ameetingshall at themeeting and assoon asreasonablypracticable afterthecommencement, disclosethe factthereof and shallnot takepart in the consideration or discussion of, or vote on,any questions with respect to the contract or other matter, or be counted in Disclosureof interestby Council members.

thequorumof themeetingduringconsideration ofthe matter.

(2) A disclosure of interest made under subparagraph (1) shall be recorded in the minutes of the meeting at which it is made.

(3) A member of the Council who contravenes subparagraph (1) commits an offence and is liable on convictiontoimprisonmentfora termnotexceeding six months,ortoafinenotexceedingonehundredthousand shillings,ortoboth.

3.Any contract or instrument which,if entered into or requiretobeunderseal,maybeenteredintoorexecutedon behalf of the Council by any person generally or specially authorizedbytheCouncil.

4.TheCouncil shall causeminutesof allresolutions and proceedings of meetings of the Council to be entered in bookskeptforthatpurpose.

Executionof instruments.

Minutes.

SECONDSCHEDULE PRESCRIBEDCOURSES

(s. 23)

Apersoniseligibleforregistration asacommunity health promoter where the person has undertaken training in—

• (a) community health;
• (b)psychology;
• (c)counselling;
• (d)social work;
• (e)community HIVcounsellingand 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 NationalAssemblyonthe20thNovember,2024.

S

mmm

ClerkoftheNationalAssembly

Endorsed forpresentation to theSenatein accordance with theprovisions ofStandingOrder142of theNationalAssemblyStandingOrders.

letauanla

SpeaReyoftheNqtionalAssembly

ANNEX3-

Advertisements as Published in The Media

REPUBLICOFKENYA

THIRTEENTHPARLIAMENTITHIRDSESSION THESENATE

INVITATIONFORSUBMISSIONOFMEMORANDA

THEKENYA HEALTHPRODUCTSANDTECHNOLOGIESREGULATORYAUTHORITYBILL 2024[NATIONALASSEMBLYBILLN0.540F2022]

The Kenya Health Products and Technologies Regulatory Authority Bill,2024 [National Assembly BillNo.54of2022]wasreadaFirstTimeintheSenateonWednesday.4December, 2024and thereafterstoodcommittedtotheStandingCommitteeonHealthfor consideration.The participationontheBilland totakeintoaccounttheviewsandrecommendationsof thepublicwhen theCommitteemakesitsreporttotheSenate.

TheprincipalobjectoftheBillistoestablishacomprehensivelegalframeworkfortheregulationof healthproductsandtechnologies,tosafeguardpublichealththroughdevelopmentofaregulatory systemtoensuresafety,quality,efficacy,effectivenessandperformanceofhealthproductsandto

InaccordancewiththeprovisionsofArticle118oftheConstitutionandstandingorder145[5]ofthe SenateStandingOrders,theStandingCommitteeonHealthnowinvitesinterestedmembersofthe publictosubmitanyrepresentationsthattheymayhaveontheBillbywayof writtenmemoranda.

ThememorandamaybesubmittedtotheClerkoftheSenate,P.0.Box41842-00100.Nairobi.handdeliveredtotheOfficeoftheClerkoftheSenateMainParliamentBuildings,Nairobioremailedtoclerk. ate@parliament.go.keand copied to healthcomittse.senateperliarment.go.ke to bereceived beforeFriday,14February,2025at5.00p.m.

The BillandadigestthatsummarizesthecontentsandcontextoftheBillmaybeaccessedonthe Parliament website at http://wwv.parliament.gc.ke/the-senate/house-business/bilis.

J.M.NYEGENYE,CBS, CLERKOFTHESENATE.

REPUBLICOFKENYA

THIRTEENTHPARLIAMENTITHIRDSESSION THESENATE

INVITATIONFORSUBMISSIONOFMEMORANDA

THECOMMUNITYHEALTHPROMOTERSBILL,2024[NATIONALASSEMBLYBILL NO.530F2022]

The CommunityHealthPromotersBill,2024[NationalAssemblyBillNo.53of2022]wasread aFirstTimeintheSenateonWednesday,4hDecember,2024andthereafterstoodcommittedtothe StandingCommitteeonHealthforconsideration.TheCommitteeisrequiredunderstandingorder 145[5]of theSenateStandingOrders,tofacilitatepublicparticipation on theBill andto take into ccount theviewsandrecommendationsof thepublicwhentheCommitteemakesitsreport to the enate.

The principalobjectof the Billistoregulate thepracticeof communityhealthpromoters;tomake munityHealthPromotersCouncil.

InaccordancewiththeprovisionsofArticle118oftheConstitution andstandingorder145(5]ofthe SenateStandingOrders,theStandingCommitteeonHealthnowinvitesinterestedmembersof the publictosubmit anyrepresentations thattheymayhave ontheBill byway ofwrittenmemoranda.

The memoranda may be submitted to the Clerk of the.Senate,P.0.Box41842-00100.Nairobi, hand-deliveredtotheOfficeoftheClerkoftheSenateMainParliamentBuildingsNairobioremailed toclerk.senate@parliament.go.ke and copied to heaithcoromjttee.seoate@galiament.go.ke tobe receivedonorbeforeFriday,14hFebruary,2025at5.00p.m

TheBillanda digestthatsummarizesthecontentsandcontextof theBillmaybe accessedonthe Parliamentwebsiteathttp://www,paliamant.go.ke/the:sebatehouse-business/hills.

J.M.NYEGENYE,CBS, CLERK OFTHESENATE.

JOBADVERTISEMENT-ESAMI/VAC/2025/001/DFHRA

The Eastern and Scuthern African Management Institute (ESAMil) is an intergovernmental regicnal management,human resources management,project management.energy and environment manacement and gendermanagement among othars.

The Opportunity

seeks asuitably qualifiedandexperiencedperson tofill thevacancyof theDirectorFinance,Human Inits pursuit of excellence in leadership and management capacity building acrossAfrica,ESAMI Resource and Admlnlstration stits Headquarters in Arusha,Tanzania.

The job holder is responsibie for theInstitute's long-term financial health and growth.This includes planning.crganizing.coordinating.leading,directing.and managing the functions and operations of the Finance,Human Resource and Administration directorate.The Director provides strategic administrative operations of the institute.This role is instrumental in ensuring the organization's to support the achievement of the institutes overall objectives.The position repcrts to the Director General and supervises the Chief Acccuntant,Manager Human Resources, Manager ICT and Digital and ProcurementOfficer.

Duties and Responsibilities

• Responsibilitiesof allacccunting andfinancial matters of the Institute and ensuring that accurate acccunting and Financerecords are maintained and kept up to date.

2. Developing andoperating scund acccunting.financial control and budgeting systems and evaluate thetr effectiveness. 3. Developing cashflowrequirementsof the Institute for short and long-termcroviding advance information on the cost effectiveness of thevaricus Institute activities.

• Providing financialplanning and analysisof services involving long term forecastof revenue. expenditure and investmentsandrecommending remedial measuresforany adverse trendson the financial position cf theInstitute,

5. forauditingandpublicaticn inaccordance with therequirement of theAgreement Establishing the institute'sAccounting Manual,

• 6 Oversee the administrationofgrants,subventions and loans and advising on the financing of majcrprojects,

7. Oversee the building ofaworkforce for the institute thrcughattracting.developing.and competitiveness of the institute. 8. Oversee the prcvision ofappropriate and adequate facilitiesandproperty to caterforstaff.the number ofProgrammescn offer and students'enrollment. 9. Cversee the prccurement of goods and servicesto support the institute's deivery of services toboth itsexternal and intemal customers. 10. Establish and direct the implementation of theDigital and Technoicgy Division's strategicplan in alignment with the Institute'sStrategicPlan. 11. Provision of financialplanning and analysis services.including long-term revenue and axpenditure forecasts,withreccmmendationsformitigating adverse financial trends. 12. Timslyproduction ofaccurate repcrts.ranging from weekly toannual.compliant with the Institute's Accounting Manual. 13. Oversightofgrants.subventions.lcans administration,andadvising onmajor project financing. 14. Ensuring the develcprment andoperation of effectivebudgeting.financial ccntrol methocs.and accounting procedures.

Entry Quallflcatlons

relevant professional quallfication and member ofa relevant professional body such as CPA,ACCA CIA,etc. At least ten (1o) yearsexperience of which eight (8)years must be in senior managerial position in a similar organization.

In Service Structure

Relevant professional qualification andmember of a relevant professional body such as CPAACCA CIA.etc.with five(5)years'experience.

Competences

• Strategic thinker
• interpersonal skills
• Team player and collaboratcr
• Conflictresolution and Negotiation skills
• Adaptability
• Strong ethicsandmcrals
• Problem solving and decision-making.
• Analytical skills

Mode otAppllcation

Applications with CV.copies of certificates and testimonials,and three (3) referees should be adcressed andemailed to:

The Director General

ESAMI

P.O.BOX3030

Arusha,Tanzania

Emall:jobs@esami-africa.org

Only appllcatlons sent by emall wll be consldered.Closing Date-14th February 2025

REPUBLICOFKENYA

THIRTEENTHPARLIAMENT|THIRDSESSION

THE SENATE

TheKenyaHealthProducts and TechnologiesRegulatory Authority Bill,2024[National AssemblyBillNo.54of2022}wasreadaFirstTimeintheSenateonWednesday.4December 2024andthereafterstoodcommittedtotheStandingCommitteeonHealthforconsideration.The Committeeisrequiredunderstandingorder145[5]oftheSenateStandingOrders,tofacilitate publicparticipationon theBilland totakeintoaccount theviews andrecommendationsof the public when the Committee makesitsreport to theSenate.

INVITATIONFORSUBMISSIONOFMEMORANDA THEKENYA HEALTHPRODUCTSANDTECHNOLOGIESREGULATORYAUTHORITY BILL,2024[NATI0NALASSEMBLYBILLN0.540F2022]

Theprincipalobjectof theBillistoestablishacomprehensivelegalframeworkfortheregulationof healthproductsandtechnologies,tosafeguardpublichealththroughdevelopmentofaregulatory systemtoensuresafetyquality.efficacyeffectivenessandperformanceofhealthproductsandt establishtheKenyaHealthProducts andTechnologiesRegulatoryAuthority.

ThememorandamaybesubmittedtotheClerkoftheSenateP.0.Box41842-00100Nairobihand deliveredtotheOfficeoftheClerkoftheSenateMainParliamentBuildingsNairobioremailedt clerksenato@parliament.&o.keand copiedtohealthcoromitteesenate@pallament.so.ke tobe rec` onorbeforeFriday,14hFebruary2025at5.00p.m.

InaccordancewiththeprovisionsofArticle118of theConstitutionandstandingorder145[5]ofthe SenateStandingOrders,theStandingCommitteeonHealthnowinvitesinterestedmembersof the publictosubmit anyrepresentationsthat theymayhaveontheBillbywayof writtenmemoranda.

TheBillanda digest thatsummarizesthecontents andcontextoftheBillmaybeaccessedonthe Parliamentwebsiteathttp://ywwpariament.go.kethe-senate/house-buslness/bills.

J.M.NYEGENYE,CBS, CLERK OFTHESENATE.

COUNTYGOVERNMENTOFMOMBASA

PUBLICPARTICIPATIONONTHE PREPARATION OF THE COUNTY FISCALSTRATEGY PAPER[CFSP]2025.PROGRAMMEBASEDBUDGETPBB]ANDTHEMEDIUM-TERM EXPENDITUREFRAMEW0RKMTEF]2025/2026-2027/2028

TheCountyGovernmentofMombasaisintheprocessofpreparingtheCountyFiscalStrategyPaper2025. totakeintoaccounttheviewsofthepublicandallstakeholders.IncompliancewithSection17.(andSection 125[2]ofthePublicFinanceManagementAct2012.theCountyGovernmentAct2012andArticle201of the inancial matters.

nline with the above provisionsthe County Governmenthasorganizedforpublicparticipationforaatthe ubCountylevelllmembersofthepublic,CountyDevelopmentPartersProfessionalscivisociety ssnt-duledbelow: presentativesandotherinterestedgroupsarethereforeinvitedtoattendtheforaonthevenuesanddates

| S/ru DATE | Changamwe SUBCOUNTY VENUE | |-------------------------------------------------------|----------------------------------------------------------------| | 2 Wednesday. 12February.2025 | Mikindani Social Hall ChangamweSocial Hall 9.00Am-12.00Pm TIKE | | 3 Jomvu | 9.00Am-12.00Pm | | Kisauni Kongowea Social Hall Mtopanga CathollcChurch | 9.00Am-12.00Pm | | 4 Nyali | | | 5 Likoni Mvita TononokaSocial Hall Likoni Social Hall | 9.00Am-12.00Pm | | 6 | 9.00Am-12.00Pm |

CECM,Financeand Economic Planning

dlysubmityourviewsorproposalsby21February2025onprioritysectorsprogrammesandprojectsto 9.00Am-12.00Pm MFinance through the County Secretary.SubCounty AdministratorsorWardAdministrators.Formore factoredintheCountyFiscalStrategyPaper2025,fortheMTEF2025/2026-2027/2028periodtothe omationcontact theundersigned through:

.Box90440-80100Mombasa

ailem.lnanemombaen.go.ke

site:www.mombasa.go.ke

nty website www.mombasa.go.keforreviewbythe public.

ANFARUK

NTYGOVERNMENTOFMOMBASA

NTYSECRETARY

REPUBLICOFKENYA

THIRTEENTHPARLIAMENT|THIRDSESSION THE SENATE:

INVITATIONFORSUBMISSIONOF MEMORANDA THECOMMUNITYHEALTHPROMOTERSBILL,2024 [NATI0NALASSEMBLYBILLNO.530F2022]

TheCommunityHealthPromotersBill,2024[NationalAssemblyBillNo.53of2022]wasread aFirstTimeintheSenateonWednesday.4December,2024andthereafterstoodcommittedto theStandingCommitteeonHealthforconsideration.TheCommitteeisrequiredunderstanding order145[5]oftheSenateStandingOrders,tofacilitatepublicparticipationontheBillandtotake intoaccounttheviewsandrecommendationsof thepublicwhentheCommitteemakesitsreport tothe Senate.

Theprincipalobjectof theBill istoregulatethepracticeofcommunityhealthpromoters:tomake provisionforthetrainingandregistration of communityhealthpromoters;andtoestablish the CommunityHealthPromotersCouncil.

InaccordancewiththeprovisionsofArticle118of theConstitutionandstandingorder145[5]ofthe SenateStandingOrders,theStandingCommitteeonHealthnowinvitesinterestedmembersofthe publicto submit anyrepresentationsthattheymayhaveontheBillbyway of writtenmemoranda.

ThememorandamaybesubmittedtotheClerkoftheSenate,P.0.Box41842-00100,Nairobi,hand deliveredtotheOfficeoftheClerkoftheSenate,MainParliamentBuildings,Nairobioremailedto clerksenate@parllamentgokeandcopied tohealthcommltteesonate@narllament.so.ketobe receivedonorbeforeFriday,14uFebruar,2025at5.00p.m.

TheBillandadigest thatsummarizesthecontentsandcontextof theBillmaybeaccessedonthe Parliamentwebsiteathttp:/wwwpallamant.go.ketho-senate/house-husinoss/kills.

J.M.NYEGENYE,CBS, CLERKOFTHESENATE.

REPUBLICOFKENYA

TELNo:054-31380/31617

COUNTYASSEMBLYOFTRANSNZOIA COUNTYASSEMBLYHALL

Email:transnzoiacountyassembly@gmall.com

PUBLICPARTICIPATION/SUBMISSIONOFMEMORANDA

• 1.The County FinanceBill 2024.

Pursuant to article 118[1][b]of the constitution ofKenya 2010 and the public financemanagementAct2012sec132[c]and the standingorder185[3]of the countyassemblyofTranszoia,thechairpersonspublicparticpation,landsFinance and Economic planning committees invite members of the public,Civil Society organizations,special interestsgroupsandprofessionalstoparticipateandorsubmit representationsto the publichearings in themattersof consideration.

II.VALUATIONANDRATINGBILL2024.

| DATE | TIME | SUB COUNTY VENUE | SUB COUNTY VENUE | |--------------------|--------|--------------------|-------------------------------| | FridayTTH February | 9.00AM | Townwards | KitaleMuseum | | 2025 | | Kwanza | KwanzaPolytechnic | | | | Kiminini/Saboti | Kiminini Catholic Church Hall | | | | Cherang'any | Kachibora Catholic Church | | | | Endebess | KAG ChurchEndebess |

Scheduled asbelow.

Written Memorandaandsubmissionsmaybe depositedat theoffice of the Clerk addressedto;

The Clerkofthe CountyAssembly POB0X4221-30200,KITALE.

Onorbefore7thFebruary2025.

Copiesof theabovedocumentsmaybedownloadedfromtheCountyAssemblywebsite: www.transnzioaassembly.go.ke.

CLERKOFCOUNTYASSEMBLY

ANNEX 4 -

THEBILLDIGEST

PARLIAMENTOFKENYA THE SENATE

SENATEBILLSDIGEST

THE COMMUNITY HEALTH PROMOTERS BILL,2022 (NATIONAL ASSEMBLY BILLS NO. 53 OF 2022)

Sponsor:

Senate Majority Leader

Date of First Reading:

4thDecember,2024

Committee referred to: Standing Committee on Health

Type of Bill:

Ordinary Bill

1. PURPOSE OF THE BILL

The principal object of the Bill is to regulate community health promoters by establishing the Community Health Promoters Council to regulate the profession and also by providing for registration, training and disciplining of community health promoters.

2.BACKGROUND OF THEBILL

Kenya has made significant strides in its efforts to achieve universal health care by implementing various strategies. The Kenya Primary Healthcare Strategic Framework 2019-2024 places a strong emphasis on primary health care as the key driver for achieving Additionally, the Kenya Community Health Policy 2020-2030 recognizes community health as a crucial entry point into the overall health system. The Primary Health Care Act, No. 13 of 2023, aims to strengthen primary healthcare as part of a comprehensive health legislation package to advance universal healthcare. The Act formalises community health delivery through community health promoters organised in community health units.

There have however been gaps in legislation particularly on training and registration of community health promoters.

Current Law

The Primary Health Care Act provides that for a person to be appointed as a community health promoter, the person needs to be—-

• (a) a citizen of Kenya;
• (b) above the age of 18 and of sound mind; and
• (c) a responsible and respected member of the community;
• years prior to the appointment date;
• (e) literate and can read and write in at least one of the national languages and the local language

The person to be appointed also needs to understand the role of a community health promoter, and should not be disqualified for appointment to office by the above criteria of by any other law.

The role of the Community Health Promoters is to facilitate access to and ensure the effective delivery of community health services at the community.

Although the Act provides that each county director of health shall keep and maintain a register of all community health promoters working in the county, there are no requirements for community health promoters to be part of any professional organization.

Therationale for theBill

The Bill therefore, seeks to put in place mechanisms for registration and disciplining of community health promoters.

3.OVERVIEWOFTHEBILL

What is therole of the Community HealthPromoters Council?

The Bill establishes the Conamunity Health Promoters Council whose functions are to—

• (b) ensure the maintenance and improvement of the standards of practice by community health promoters;

• (c) establish a professional code and supervise the conduct and practice of community health promoters;
• (d) take the necessary disciplinary measures in cases of violations of professional conduct and
• (e) discipline;
• (f) maintain the register and keep a record of all community health promoters registered under this Act;
• (g) collaborate with other bodies such as the Kenya Medical Practitioners and Dentists Council, the Central Board of Health, the Clinical Officers, Council - of - Kenya; the Nursing Courcil of Kenya and the Pharmacy and Poisons Board, in furtherance of the functions of the Council and these bodies;
• (h) advise the Cabinet Secretary and county governments on community health matters; and
• (i) consider and deal with any other matter pertaining to community health promoters including prescribing badges, insignia or uniforms to be worn by community health promoters.

Who are themembers of theCouncil?

• s n (g Director-General for Health;

The Council consists of the following—

• (b) one person from a non-governmental organisation in the health sector nominated by the Non-Governmental Organisations Coordination Board;
• (c) one person nominated by the Public Health Officers and Technicians Council;
• appointed by the Cabinet Secretary;
• (f) the Registrar who shall be the secretary and an ex officio member of the Council.
• (e) two persons, one of whom shall be a County Chief Officer of Health, with knowledge and experience in matters of community health nominated by the Council of County Governors to represent the interests of counties; and

Who chairs the council?

sd pe q s paragraphs (d) and (e) above.

What are the qualifications for appointment as the Registrar of the Council?

The registrar is to be appointed by the council, and he or she qualifies for appointment if the person--

• (a) is a citizen of Kenya;
• (b) has a minimum of a degree from a university recognised in Kenya; and
• (c) is a registered community health promoter with at least ten years' experience in community health.

What are the functions of the Registrar?

The functions of the registrar are to—

• (a) receive applications for registration;
• (b) advise the Council on matters relating to the profession;
• (c) keep and maintain a register of community health promoters;
• (d) publish on its website a list of the names, addresses and qualifications of the registered
• (f) 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 fraudulently or incorrectly made.

Who qualifies for registration as a community health promoter?

A person qualifies for registration as a community health promoter if he or she--

• (a) has successfully undergone a prescribed course of training at an approved training institution;
• (b) has applied for registration in the prescribed form;
• (c) has paid the prescribed fees for registration;

• (d) has engaged in training under the supervision of a registered community health promoter for such 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.

What courses does a person need to undertake to qualify for registration as a Community Health Promoter?

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

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

Who is responsible for disciplining community health promoters?

The Community Health Promoters Disciplinary Committee is responsible for receiving and investigating disputes against community health promoters.Members of the Committee include---

• (a) the Chairperson of the Council; ---
• (b) one representative of the Cabinet Secretary who shall not be a member of the Council;
• (c) a representative of the Attorney-General with at least ten years' experience as an advocate of theHigh Court;
• (d) a representative of the Public Health Officers and Technicians Council; and
• (e) one community health promoter nominated by the Council of County Governors.

What shall happen to communityhealthpromoterswho have notyet undertaken the prescribed courses at the time the Act comes into force?

The Council shall ensure that community health promoters who have not undertaken the prescribed courses do so within twenty four months upon the commencement of this Act so that they can qualify for registration.

4.CONSEQUENCES OF THE BILL

The Bill will provide for registration and disciplining of persons working as community health promoters, so as to ensure that the public are served by duly qualified and registered professionals.

5.WAYFORWARD

What next?

Pursuant to standing order 145 of the Senate Standing Orders, the Standing Committee on Health shall facilitate public participation and shall take into account the views and recommendationsofthepublicwhenthecommitteesubmitsitreporttotheSenate.

What is expected of themembers ofpublic?

The members of the public are expected to present their views to the Standing Committee onHealth forits consideration.

Next step

The Bill was Read a First Time in the Senate on ...... Pursuant to standing order 148 of the Senate Standing Orders, the Committee is required to submit its report to the Senate within thirty (30) calendar days of the committal of the Bill to the Committee, therefore, by ......

Note:

ANNEX5-

LEGAL BRIEF ON THE BILL

REPUBLICOFKENYA

13THPARLIAMENT|FOURTH

SESSIONTHESENATE

DIRECTORATEOFSOCIO-ECONOMICCOMMITTEES

STANDINGCOMMITTEEONHEALTH

LEGALBRIEF ONTHECOMMUNITY HEALTHPROMOTERSBILL,2022

Clerk's Chambers, The Senate, First Floor,Parliament Buildings, NAIROBI

MAY,2025

1.Background

• 1.1. The brief analyses the Community Health Promoters Bill, 2022 (Bill No. 53 of 2022) in light of the existing Primary Health Care Act (No. 13 of 2023),and thePresidential directive on state corporation'sreform.
• 1.2. Theanalysisidentifiespotentiallegalconflictsbetweentheproposed Community Health Promoters Bill and Primary Healthcare Act. Additionally, the brief highlights the effect on the Bill of the policy directive contained in the Presidential directive on state corporations reformcontainedin theExecutiveOfficeofthePresidentPressRelease (Issue No. 1 of 2025).

2.Potential Conflicts between the Community Health Promoters Bill,2022 and the Primary Healthcare Act, 2023.

• 2.1. The current law governing the Community Health Promoters is the PrimaryHealthcareAct,2023.TheActestablishesa comprehensive regulatoryframeworkforcommunityhealthpromoters,vestingselection authority in community participation forums pursuant to section 9(1) with subsequent appointment by county governments. The Act also provides specific qualification criteria under section 9(2) with a major focus on residency and language literacy.
• 2.2. TheActprovidesforthefunctionsofCommunityHealthPromotersunder section 11(1), (2) and (3). These functions include health education provision, disease prevention, household monitoring, first aid services, referralstohealthfacilities,community-basedsurveillance,psychosocial support, and management of community health data. In undertaking the functions,section 11(3)mandates the communityhealth promoters to observe ethical conduct, confidentiality, and accurate record keeping. Section 26 on the other hand deals with the disciplinary measures to be undertakenagainstcommunityhealthpromoters.
• 2.3. Section 12 explicitly mandates county directors of health to keep and maintain a register of all community health promoters, thereby instituting a county-basedregistrationsystem.
• 2.4. The Community Health Promoters Bill, 2022 proposes a regulatory framework for the Community Health Promoters which substantially conflictswiththeprovisionsof thePrimaryHealthcareAct.Two legislative instruments dealing with same subject matter but containing varied provisions have the potential to cause confusion in the implementation and interpretation of the law.
• 2.5. The Community Health Promoters Bill, 2022 seeks to establish a centralized Community Health Promoters Council as a body corporate with the primary responsibility of regulating the Community Health Promoters profession. The Primary Health Care Act (enacted in 2023) on the other hand clearly mandates the County Governments to be in charge of the community health promoters including their selection, designation of functions, registration and overseeing the ethical standards. The proposals in the Bill would mark a shift from a county-based system to a national government-based system of registration and regulation of CommunityHealthPromoters.
• 2.6. Under sections 12 (1) and (2) of the Primary Healthcare Act particularly, the responsibility to register the Community Health Promoters is vested in the County Governments (exercised by county health directors). On the contrary, the Bill places the responsibility to register Community Health Promoters on the Community Health Promoters Council (exercised by the Registrar).
• 2.7. The qualification requirements in clause 22(1) of the Bill differ substantially from those provided under section 9 (2)(a) to (g) of the Primary Healthcare Act, proposing the creation of two inconsistent standardsfor the same professional category. ThePrimaryHealthcare Act places emphasis on Community Health Promotersbeing literate and knowing how to read and write in at least one national language as well as being a resident of the community as qualifications for appointment as a community health promoter. On the other hand, the Community Health PromotersBill places emphasis on training from a recognized institution.
• 2.8. TheBill seeksto enforce ethical standards through the establishmentofa professional code of conduct for community health promoters.The Primary Health Care Act on the other hand codifies specific ethical obligations directly in section 11(3)(a) to (e) of the Act.
• 2.9. The Community Health Promoters Bill, 2022 establishes a formalized institutional disciplinary structure under sections 26 to 28, creating a Disciplinary Committee with quasi-judicial powers to conduct inquiries, administer oaths, compel document production, and issue removal orders. On the contrary, the Primary Health Care Act employs a statutory approach under section 23, directly specifying prohibited conduct and correspondingpenalties.
• 3.The Community Health Promoters Bill vis the Presidential directive on state corporations reform contained in the Executive Office of the President Press Release (Issue No.1 of 2025).
• 3.1. ThePresidential directive(IssueNo.1 of2025,dated 21st January2025) seeks to reorganize state corporations by merging entities with duplicating functions and also declassifying professional bodies categorized as state corporations.
• 3.2. The Directive provides that the thirteen professional bodies currently categorized asstatecorporationsshouldbedeclassified and should not be financed through budgetary allocations. The directive further places a moratorium on the affected entities prohibiting them from further hiring of additional staff or altering existing staff structures or salaryscales,or undertakingmajorcapitalprojects.
• 3.3.It must be noted that the entities affected by this directive are largely professional bodies in the Health Sector including --
• a) The Clinical Officers Authority
• b)Council of the Institute of Nutritionists and Dieticians
• c) Kenya Health Professionals Oversight Authority
• d)Kenya Medical Laboratory Technicians and Technologists Board
• e) Kenya Medical Practitioners and Dentists Council
• f) Public Health Officers and Technicians Council and
• g) Nursing Council of Kenya
• 3.4. The CommunityHealth PromotersBill establishes the Community Health Promoters Council under clause3with abudgetaryfundingmodel similar to the professional bodies listed above. While the directive is not binding to Parliament, it shapes the policy direction when dealing with government agencies. The proposal therefore goes against the spirit of the presidential directive issued on 21st of January, 2025.

4.Whether CommunityHealthPromoters AreProfessionals

• 4.1. The Oxford EnglishDictionary defines a profession as"a typeofjob that needs special training or skill,especially one that needs a high level of education."The Cambridge dictionary also defines aprofession tomean "anytypeofworkthatneedsspecial trainingoraparticularskill,often one that is respected because it involves a high level of education.
• 4.2. A profession therefore constitutes a specialized occupation requiring advanced education,formalqualification,and adherencetoestablished ethicalstandards.Essentialelementsofaprofessioninclude specialized knowledge, regulatory oversight, professional autonomy, and membership in professional organizations that enforce disciplinary frameworks and practice standards.
• 4.3. ThePrimaryHealthcareActexcludesprofessionaldesignationfor community health promoters through absence of advanced education and recognizing them as community health facilitators rather than autonomouspractitionerswithindependentauthority.Infact,basedon thePrimaryHealthcareAct,oneearnsthetitleofacommunityhealth promoter by dint of employment. As such, the community health promoters do not meet the requisite elements of a profession.

5.Observations

• 5.1. The Primary Healthcare Act, 2023 is the primary law governing the CommunityHealthpromotersinKenya.Thelawprovidesforthe registration, selection, appointment, ethical standards, discipline and remuneration of CommunityHealthPromoters.The enactmentof the Community Health Promoters Bill, 2022 therefore superfluous and may create confusion in the regulations of Community Health promoters.
• 5.2. Currently,the CommunityHealthPromoters arefullyunder the mandate of theCountyGovernments.Theenactmentof theCommunityHealth Promoters Bill in its current form proposes the transfer of this function to a Councilconsisting largelyof persons representing thenational government. This would undermine the role of counties in the provision ofhealthcare servicewhereas thehealthfunctionis adevolvedfunction underPart 2of theFourthScheduletotheConstitution.
• 5.3. TheBill'sproposal toestablishtheCommunityHealthPromoters Council funded by the government goes against the spirit of the presidential directiveissuedon21stof January2025mandating thedeclassification of professionalregulatorybodiesandprohibiting theircontinuedfinance through budgetary allocations.It must benoted howeverthat thisdirective isnotbindingtoParliament.
• 5.4. promoters outside professional designation. Their appointment through employment rather than advanced educational qualifications represents a clearlegislativeintenttoestablishthemascommunityfacilitatorsrather than professionals with regulatory oversight and autonomous practice authority.

6.WayForward

Fromtheabove,thecommitteemayconsider-

• a)recommendingthattheSenaterejecttheBillinthecurrentform to avoid

CommunityHealthPromoters thatcouldlead to ambiguity andconfusion intheimplementationofthelaw;

• b)amending thePrimary Health Care Act to specifically strength sections 8 to 13 which deal with the primary healthcare workers to enhance professional standards as opposed to setting up a new regulatory authority;
• c)retaining the registration of Community Health Promoters with the County Governments to save on costs and also adhere to the spirit of the Presidential directive issued on January 21st 2025 on the restructuring of StateCorporations;or
• d)seeking the views of the Cabinet Secretary for Health and the Council of County Governors on the viability of the legislative proposal to avoid disrupting the effective functioning of the health sector.

DIRECTORATEOFLEGALSERVICES,SENATE

ANNEX6-

MATRIXOF STAKEHOLDER SUBMISSION

THESENATESTANDINGCOMMITTEEONHEALTH

STAKEHOLDER VIEWS ON THE COMMUNITY HEALTH PROMOTERS BILL, 2022

(NATIONAL ASSEMBLY BILL NO.53 OF 2022)

Following the public participation conducted by the Committee, the following stakeholders submitted their views for consideration - Community Health Services & Development Officers Association (CHESOA)

2

3

The Community Health Promoters of Kenya

Mrs. Grace Akinyi on behalf of Community Health Promoters

4

5

The views of the stakeholders are captured in the Matrix below.

| AND OBSERVATIONS/ COMMITTEE COMMENTS RATIONALE | the Health Care Act No. 13 ofproposal for change of the title, 2023, CHPs are supervised bynoting that the Primary Healthcare Health health supervise promoters. theseSince theseoficers belong to rejects Community Health Officers.Act defines Community "trained who health Committee as academicOfficers The According to the Primary bill's CHPs The HealthlDelete the title “Community with Health | |--------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | CLAUSE | Title |

| 2.Interpretation | | CLAUSE | |----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------| | (CHESOA) Officers AssociationlDelete Development Services Community Health | | STAKEHOLDER | | communityhealthpromoters who is assigned to supervise trainedincommunityhealth means a health professional "Community health officer' promoter and replacewith- section Council CommunityHealth Officers "Council" provide as follows -- Amend thedefinitionsto community established under means health the | standards | PROPOSAL | | communityhealthpromoters who is assigned to supervise trainedincommunityhealth means a health professional "Community health officer' promoter and replacewith- section Council CommunityHealth Officers "Council" provide as follows -- Amend thedefinitionsto community established under means health the | amendment. rendered redundant withoutprofessions, and | RATIONALE | | Promoters. addresses purview, outside regulation of these officers falls Committee regulatory professionals already scope, Health Officers within this Bill's incorporation The as such practitioners are Committee the Community which recognized determines frameworks. Bill's under of specifically Community rejectsthe intended existing Health health that The | wouldbellalready Community Health Promoters. preserves legislative Bill, Community 2022" special focus recognized alignment Health ensures maintaining Promoters proper health on and | DETERMINATION COMMENTS OBSERVATIONS/ COMMITTEE AND |

| AND DETERMINATION OBSERVATIONS/ COMMITTEE COMMENTS | | the Community Health Officers within this Bill's health existing The that regulation of these officers falls intended specifically rejects frameworks. determines recognized under outsidetheBill's Committee of which incorporation Committee purview, dllalready The | |------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | RATIONALE | | elof 2023, are not included inregulatory health though established community Officers, all | | PROPOSAL | community the community which the to means Community Health Services and Development Officers required maintainunder section19 means officers "Association" their health units. "Register" JO is Association. registrar under register Health | Officer of Health has asgap. Amend the definition of the CommunityHealth Council established under section 3; Introduce a definition of al Community Health officerl the after "Council" immediately follows- of | | STAKEHOLDER | | Health Caregivers (SOCHE) Community Society | | CLAUSE | | 2. Interpretation |

| POWERSOF FUNCTIONS ESTABLISHMENT, PART | 2. Interpretation | | CLAUSE | |------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------|----------------------------------------------------| | THE AND II- Development Services Community Health | Caregivers (SOCHE)and Community Society | | STAKEHOLDER | | Health Promoters Council Replace | and Registrar "register"” to- Amendthedefinitionofthel promoters is required which register toll of | licensedunderthisAct. Act No.13 of 2023 and is ofthePrimaryHealthcare assigned toit under section 2 "Community Health | PROPOSAL | | "Community]To align the bill with thelincorporation | promoters deliver Community health services but alongsidealready | | RATIONALE | | suggested title as well as thelHealth Officers within this Bill's scope, as such practitioners are The Committee of Community rejectsthe | mandates regulation of allregulation of these officers falls remain|professionals Promoters. addresses purview, outside Health Officerswithin thisBill's incorporation The Committee theBill's Community which recognized determines frameworks. under of specifically Community rejects intended existing Health health that The the | Promoters. addresses Community Health | DETERMINATION COMMENTS OBSERVATIONS/ COMMITTEE AND |

| AND DETERMINATION OBSERVATIONS/ COMMITTEE COMMENTS | health existing The that regulation of these officers falls intended specifically Health frameworks. determines recognized under Bill's Community which professionals the regulatory Committee outside purview, addresses | the Community Health Officers within this Bill's health existing The that falls intended specifically Health regulation of these officers f rejects frameworks. determines recognized under Bill's Community Committee of which incorporation professionals the Promoters. already regulatory Committee outside purview, addresses Promoters. The | |------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | RATIONALE | HealthlPrimary Health Care Act no.llalready 13 of 2023. | Community Health Officers|Primary Health Care Act no. 13 of2023. | | PROPOSAL | "Community Officers Council* | Council | | STAKEHOLDER | OfficersAssociationwith (CHESOA) | Health & Officers Association Development Community (CHESOA) Services | | CLAUSE | COMMUNITY PROMOTERS' HEALTH COUNCIL | 3(1)Establishment of the council |

| of the Council 5(a, b, c, e, h) Functions | council 3(1)Establishment of the | CLAUSE | |--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------| | (CHESOA) OfficersAssociation Development Services Community Health | Caregivers (SOCHE) Community Society Health ofl | STAKEHOLDER | | Officers" Community Promoter" Delete “Community HealthlTo align the bill with the and | CommunityHealth Council Council tobeknown as thel There Delete and is established replacewith: | PROPOSAL | | HealthPrimary Health Care Act no. 13 of 2023. | unnecessary complexity. oversight different regulatory practice. regulated Communityhealthshouldbe cadre's Creating asa and bodies fragments separate creates unified for | RATIONALE | | Promoters. addresses purview, outside regulation of these officers falls Committee regulatory professionals already scope,as such practitioners are Health Officers within this Bill's incorporation Community which the Bill's recognized determines frameworks. under of specifically Community intended existing Health health that The | Council to avoid ambiguity. isaCommunityHealthPromoters is need to specify that the council Community Health Council.There renaming The Committee of the council rejects the to | DETERMINATION COMMENTS OBSERVATIONS/ COMMITTEE AND |

| AND DETERMINATION OBSERVATIONS/ COMMITTEE COMMENTS | the Community forscope, as such practitioners are health existing The that theregulation of these officers falls intended specifically Health rejects frameworks. determines recognized under theBill's Community TheCommittee of which incorporation recognizinglCommittee addresses Promoters. healthalready andlloutside purview, | the Community Health Officers within this Bill's health existing The that regulation of these officers falls intended specifically rejects frameworks. determines recognized under Bill's Committee of which incorporation professionals the regulatory Committee already outside purview, The | |------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | RATIONALE | ignores valuable expertise. undermines integrity body a needs only practitioners. profession's regulatory community promoters Kenya | by | | PROPOSAL | Amend 5(a) to read-- andpromoters | community health officers standards of practice [Amend 5(b) to read-- of limprovement land promoters | | STAKEHOLDER | Health Community Society | Health Caregivers (SOCHE) Community Society | | CLAUSE | the of Functions council (e)s | the of 5(b) Functions council |

| council 5(e)Functions | council 5(c) Functions ofthel | CLAUSE | |-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------| | ofthe Caregivers (SOCHE) Community Society Healthkeep | Caregivers (SOCHE) Community Society Health | STAKEHOLDER | | under thisAct andpromoters communityhealth officers maintain the register Amend 5(e) to read—— arecord registered ofall and | of promoters health practice professional codeand establish Amend 5(c) to read officers of supervise a conduct and professional community and the | PROPOSAL | | regulatory professionals already incorporation The | | RATIONALE | | Committee scope, as such practitioners are Health Officers within this Bill's Committee recognized determines frameworks. under of Community rejects·the existing health that The | Promoters. addresses purview, outside regulation of these officers falls Committee regulatory professionals already scope, Health Officerswithin thisBill's incorporation The Committee the Community which recognized Bill's determines frameworks. under of specifically Community rejectsthe intended existing Health health that The | DETERMINATION COMMENTS OBSERVATIONS/ COMMITTEE AND |

| AND DETERMINATION OBSERVATIONS/ COMMITTEE COMMENTS | regulation of these officers falls intended specifically Health Bill's Community which the addresses Promoters. outside purview, | the Community Health Officers within this Bill's health existing The that falls intended specifically Health regulation of these officers f rejects frameworks. determines recognized under theBill's Community Committee of which incorporation professionals regulatory Committee addresses already outside purview, The | the represents rejects committee Association | |------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------| | RATIONALE | | | havetheirownlThe participation creates conflictlThe Officers ofinterest.TheAssociation’s council; Health regulatory already Public | | PROPOSAL | | consider and deal with any other matter pertaining to communityhealthofficers including prescribing badges, insignia or uniforms to be worn by officers Amend 5(h) to read - health promoters andpromoters community and | person Public and and Council by the Officers one nominated Technicians Health Delete | | STAKEHOLDER | | of Health Caregivers (SOCHE) Community Society | Health & Development Services | | CLAUSE | | the of 5(h)Functions council | 6(1)(c)Membership thecouncil |

| thecouncil 6(1)(g)Membership | thecouncil 6(1)(d) Membership | the council 6(1)(c)Membership | | CLAUSE | |---------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------|----------------------------------------------------| | of (CHESOA) OfficersAssociation Development Services Community Health | of (CHESOA) OfficersAssociation Development Services Community Health | ofl Kenya The Communitylthe | (CHESOA) | STAKEHOLDER | | institutions" nominated community department communityhealthfrom thel Add"One dealing Lecturer trainingl health with inll | by the Cabinet Secretary communityhealth appointedl andexperienceinmatters One person with knowledgel | Health Promoters oflconsider their salary to be CHPs higher Onmatters CHO's-outline functions comparedto and the also | Officers Associationllinsert the General Secretarylperspective oftheAssociation | PROPOSAL | | lexcellence to the council. expertise by Health Training InstitutionsAgree. To represent bringing and Community | training in community health. representing Community lecturer Todonatetheextraslottoone qualified Health institutions and in | | represented directly. should | RATIONALE | | academiclStaff to the Council. technicallrepresentation from the Academic There is need for | lat least 5 years. land alsotheexperienceshouldbe Agree. Although there is need for | officers. not Community Health Promoters and Bill proposal on the grounds that the The the concerns committee Community itself rejects with Health the the | belCommunity Health Officers who are not the concern of this Bill. | DETERMINATION COMMENTS OBSERVATIONS/ COMMITTEE AND |

| AND DETERMINATION OBSERVATIONS/ COMMITTEE COMMENTS | the the Community HealthPromoters and Health proposal on the grounds that tl with rejects Community itself committee concerns the lofficers. Bill jou | b community health experts to need is lpart of the Council. There Agree. | This is already captured in the Bill. | |------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------| | RATIONALE | The Ensures representation from professional associationsthat community Like professions, health need and specific practitioners. their for health independence practitioners community understand challenges. advocate lother | with and field experience informed community professionals training provide on healthmatters. substantial guidance Only formal can of | Community requires we knowledge and experienceladvocate for the appointment health,field. As a Society, in | | PROPOSAL | Delete and replace 6 (1)(e) leither of the Association orl Societyof the Communityl Health Officers orPromoters council thatthe prescribe. with- | Deleteandreplacewith6 ofhealth officers with training Communityll Health appointed by the five years cabinetsecretary in over | Delete and replace with 6lExpertise With two persons,Health Community l(1)(e) | | STAKEHOLDER | Health Caregivers (SOCHE) Community Society | Caregivers (SOCHE)lexperience Healthand Community Society | Health Caregivers (SOCHE) Community Society | | CLAUSE | 6(1)(e)Membership of thecouncil | thecouncil | ( the council |

| Registrar | Registrar 17(2) Appointment | promoters community and Part III - training -Registration health | | CLAUSE | |--------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------| | Development Services Health 2 | (CHESOA) OfficersAssociation Development Services Community Health 2 | of (CHESOA) OfficersAssociation Development Services Community Health | | STAKEHOLDER | | Health" Insert afterthe "in Community word | may determine. employment as thecouncil termsand (renewable once) on such office The Registrar for conditions of shall hold years, | Officers" "Community Health Replace Promoters" | interests of counties;and Governors to represent thelGovernors to serve on the Council health in matters of communityllof only qualified and properly nominated 0 | PROPOSAL | | registrar shouldbewell- | practices. andensureinternationalbest entrench foster Mwongozo competitiveness, professionalism, guidelines. To | 13 of2023. | bytheltrained professionals tobe Countylselected by the Council of Act. must be licensed under this council. Additionally, they | RATIONALE | | | ,/Agree. | “CommunitylTo align the bill with theproposal on the grounds that the HealthPrimary Health Care Act no.Community Health Promoters and officers. not The the concerns committee Community itself with the rejects Health the | | DETERMINATION COMMENTS OBSERVATIONS/ COMMITTEE AND |

| AND DETERMINATION OBSERVATIONS/ COMMITTEE COMMENTS | | | proposal on the grounds that the itself with the Community Health Promoters and rejects committee Billconcerns The | |------------------------------------------------------|------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------| | RATIONALE | community grounded in health discipline. | The Registrar of the Council qualified a Community be an thel loversee the registration ofl health undermine the integrity and credibility of the profession. This is happening to any other previously regulated cadres. with would without for a background in be professional inappropriate community individual Health. must in | Primary Health Care Act no. Communityll arethe Officers 2023. of Health 3 | | PROPOSAL | | CommunityHealthfroma Amend 18(b) to read of university recognised Degree minimum Kenya; and hasa | Health Community promoter" officer" | | STAKEHOLDER | Officers Association (CHESOA) | Caregivers (SOCHE) Community Society | Health & Officers Associationl Development Community (CHESOA) Services | | CLAUSE | | 18(b) Qualification of the Registrar | 18(c) Qualification of the Registrar |

| Registrar 19(b) Functions of the | Registrar 18(c) Qualification of the | CLAUSE | |----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------| | Caregivers (SOCHE) Community Society Health ofl | Caregivers (SOCHE) Community Society Health ofll | STAKEHOLDER | | lCommunity profession matters advise Amend 19 (b) to read- relating the Council to | Community Health. years' Amend 18(c) to read experience | PROPOSAL | | onlcommunity health profession,|Bili should comprise Community justifies that that this bill in Community Health.This matters 19(b) to advise the Council on ismandatedundersubsection Considering that the Registrar relatedto the The | inprovides realistic pathway for qualified experience while creating allofficers. relatively new; requiring tenThe Community TheBachelor'sdegreein Health Six sufficientnot qualifiedBili | RATIONALE | | proposal on the grounds that the the concerns committee Community itself rejects with Health the the | yearslCommunity Health Promoters and the concerns committee Community itself rejects with Health the the | DETERMINATION COMMENTS OBSERVATIONS/ COMMITTEE AND |

| AND DETERMINATION OBSERVATIONS/ COMMITTEE COMMENTS | the the rejects with itself committee concerns The | HealthPrimary Health Care Act no.Community Health Promoters and Health rejects with Community itself committee concerns the officers. The ou | the alCommunityHealthPromoters and Health rejects with Community itself committee Billconcerns the The | |------------------------------------------------------|-------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------| | RATIONALE | HealthPrimary Health Care Act no.Community Health Promoters and undertakesuchroles. | officers. 13 of 2023. | To align the bill with the traineeis adequately trained are they before | | PROPOSAL | 13 of 2023. "Community promoters" Officers" | Community promoters" lOfficers" | SeniorCommunityHealthllt andinsert :“community promoter" Delete Officer" | | STAKEHOLDER | Health OfficersAssociation Development Community (CHESOA) Services | Health Officers Association thelDevelopment Community (CHESOA) Services | Health 28 Officers Association Development Community (CHESOA) Services | | CLAUSE | 19(c, d, e) Functions of the Registrar | of 20(1)(b)(c)(2) Particulars register | Registration and effect of registration 22(1)(a) |

| 22(1)(a) | | CLAUSE | |------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------|----------------------------------------------------| | | | STAKEHOLDER | | Health institution Health approved trainings | | PROPOSAL | | part of qualification. E.g. A course under NASCOP. counselling is a two weeks health their and perform titles related in inschool tobeapsychologist worker, a psychologist trains School Social community health practice as courses that arenotrelated to Theisnoneed tolist several under Primary healthcare Act. health officers as established promoters either professionals aretrained tobe cadres, Just like any other health HIV course, to worker community community earnthe or testing Community trains community health health title and in courses should just bemade to prescribed recognized already Reject. The provides courses. second Reference for | medicalfield. (Internship) as required in the | RATIONALE | | part of qualification. E.g. A course under NASCOP. counselling is a two weeks health their and perform titles related in inschool tobeapsychologist worker, a psychologist trains School Social community health practice as courses that arenotrelated to Theisnoneed tolist several under Primary healthcare Act. health officers as established promoters either professionals aretrained tobe cadres, Just like any other health HIV course, to worker community community earnthe or testing Community trains community health health title and in courses should just bemade to prescribed recognized already Reject. The provides courses. second Reference for | | DETERMINATION COMMENTS OBSERVATIONS/ COMMITTEE AND |

| AND DETERMINATION OBSERVATIONS/ COMMITTEE COMMENTS | the HealthPrimary Health Care Act no.Community Health Promoters and Health healthlTo align the bill with thelproposal on the grounds that tl with rejects Community itself committee concerns the officers. The not | the the the HealthPrimary Health Care Act no.lCommunity Health Promoters and Health DisciplinaryTo align the bill with thelproposal on the grounds that tl with rejects Community itself committee concerns the officers. The not | the the CommunityHealthPromoters and Health proposal on the grounds that t itselfwith rejects Community committee Billconcerns notthe officers. The the are | itself withthe rejects committee andBill concerns | |------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------| | RATIONALE | insertsuggested title as well as theBill 13 of 2023. | Disciplinary13 of 2023. and | To align the bill with the Primary Health Care Act no. Community the council under this bill. Officers 2023. of Health 13 insert Health | Public Health Officers areThe the Officers by regulated Health e | | PROPOSAL | “community and promoters" "Community Delete officer" | Delete “Community Health Committee" Community Committee" Promoters llofficers | Delete “Community Health Disciplinaryl Disciplinary and Committee" Community Committee" Promoters Officers | Health insert" "Public and Delete Officer" | | STAKEHOLDER | Health OfficersAssociationl Development Community (CHESOA) Services | Health & OfficersAssociation Development Community (CHESOA) Services | Health & Officers Association Development Community (CHESOA) Services | Health & Development Community Services | | CLAUSE | 23Prescribed courses for registration | PARTIV-DISCIPLINE | 26(1)Establishment of a Disciplinary Committee | Disciplinary Committee membership 26(2)(d) |

| Committee powers 26(5) Disciplinary | Committee membership 26(2)(e) Disciplinary | | CLAUSE | |-----------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------| | (CHESOA) OfficersAssociation Development Services Community Health | (CHESOA) OfficersAssociation Development Services Community Health | (CHESOA) Officers Associationrepresentative | STAKEHOLDER | | 3 officers" Community promoters" Delete and Health | Officer" Community promoter" Delete “community and Health insert health | Association" of | PROPOSAL | | insertsuggested title as well as thel Health 13of Primary Health Care Act no. Officersare the 2023. Community | the council under this bill. personnel to be regulated byl Health 13of Primary Health Care Act no. suggested title as well as thel To align the bill with the Officers 2023. Community arethe | thelTechnicians CareAct no.13 of2023. wellas thePrimaryHealth bill with the suggested title as under this bill. To align the be regulated by the council Officers are the personnel tolcommunity health officers. interest. involvement in a differentnot | RATIONALE | | Community HealthPromoters and Bill proposal on the grounds that the The concerns committee itself withthe rejects the | officers. not Community HealthPromoters and Bill proposal on the grounds that the The the concerns committee Community itself withthe rejects Health the | Community Healthmentioned is an Association of Council. TheirlCommunity Health Promoters and the Community The Association Health | DETERMINATION COMMENTS OBSERVATIONS/ COMMITTEE AND |

| AND DETERMINATION OBSERVATIONS/ COMMITTEE COMMENTS | Health officers. | the HealthPrimary Health Care Act no.Community Health Promoters and Health rejects with Community itself committee concerns the officers. The not | HealthlPrimary Health Care Act no.lCommunity Health Promoters and Health rejects with Community itself committee concerns the officers. The not | the the Health rejects with Community itself committee concerns the | |------------------------------------------------------|----------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------| | RATIONALE | personnel to be regulated bynot the Community the council under this bill. | 13 of 2023. | 13 of 2023. | lemployment status of existingofficers. throughlThe Authority. This protects thenot Long-serving officers have expertise experiential recognized National | | PROPOSAL | | and Community promoter" Officer" Delete | Community promoter" Officer" | All serving officers who are HealthServicesPersonnelas ofNovember2013shallbel forll registration as Community qualified considered | | STAKEHOLDER | | Health & Officers Association Development Community (CHESOA) Services | Health & Officers Association yDevelopment Community (CHESOA) | OfficersAssociationl Development Community (CHESOA) Services | | CLAUSE | | powers 27Disciplinary of the Committee | Disciplinary Committee the | VII TRANSITIONAL PROVISIONS PART |

| provisions | provisions 3 | CLAUSE | |------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------| | Transitional Caregivers (SOCHE) Community Society Health | TransitionalCommunity (ACHVO-K) Advocates | STAKEHOLDER | | community Health course approved institution for a Health enrol in the required training commencementofthisAct, Amend 35 to read: Upon the in Community To | Volunteers of Kenyaregister CHPs with at least Healthlintroduced to automaticallyl forgrandfather clause should be qualifications. regardless five years of active service Experienced Grandfather of CHPs: Clause formall for | PROPOSAL | | lCommunity Health training. minimum uphold should qualification possess CommunitylThe professional | service. gained valuable qualifications who lexclude Current through experienced eligibility practical lack but years possess criterial skills formal CHPs of | RATIONALE | | ,alllproposal only to the extend that it inhealth officers. allpromoters and not community elaffects Committee the community Accepts health the | experience. qualifications be communityhealth promotersmust proposal. The subjected committee For uniformity, despite to rejects similar the all the | DETERMINATION COMMENTS OBSERVATIONS/ COMMITTEE AND |

| AND DETERMINATION OBSERVATIONS/ COMMITTEE COMMENTS | | proposal on the grounds that the the Community HealthPromoters and Health with rejects Community itself committee concerns the lofficers. The Bill not | |------------------------------------------------------|------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------| | | RATIONALE | professionalize confusion other professions already in existence andwithdifferent] the avoid mandates. | | PROPOSAL | for the purposes of the registration under this Act. | 1. Certificate in Community following courses: Health | | | STAKEHOLDER | Officers Association Community Development (CHESOA) Services | | | CLAUSE | Second Schedule (s. 23) Prescribed Courses |

| AND DETERMINATION OBSERVATIONS/ COMMITTEE COMMENTS | forlabout the professional regulationl the by addressed | Agree: There is need for county governmentstotakecareof the welfare of the Community Health Promoters | | |------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------| | RATIONALE | Unpaidlemployer. CHPs currently work with minimal ornocompensation, workunderminesfairlabor essential retention, standards. support. is motivation, professional and especially payment program practices. hours, | CHPs work in challenging withnoclear welfare provisions, which can negatively impact their well- being and effectiveness. conditions | | | PROPOSAL | clause compensation scope of work, and for compensating CHPs. a mechanisms Introduce Akinyillspecifying | | those Halready on site and be fully certified from a recognized train include institution. To | | STAKEHOLDER | Healthrates, andl/(Community Stakeholder) | Akinyi Health (Community Stakeholder) Grace | Community Kenya | | CLAUSE | Clause:Grace Compensation Scope of Work New | New Clause:Welfare of CHPs | those not trained yet theyHealth Promoters of have been serving? |

| contradict each other 18 section band | degree registrar - minimum of aHealth Promoters oflhigh Qualification of | representation 6(1)g and h: The CHP/W | CLAUSE | |-------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------| | c Kenya Health Promoters of The Community | aThe Kenya | Kenya The | STAKEHOLDER | | | Communityminimum of a degree is tool CHWbill/act. concerntobreakdownthe Qualification of a registrar - | Health Promoters ofyears in this field. Communityshould not have less than 10 CHW bill no appointment. CHP/W because thisis andhe/sheshouldbe elected by council members chairperson and COG and the person andnot the cabinetsecretary should be elected by CHP The CHP/W representation should be The a | PROPOSAL | | | | | RATIONALE | | | minimum qualification. therefore the need for a degree as al higherlevels of education and This will require someone with Registrar is to advice the council. Reject:Partof theworkof the | nominating one of their own. whomay avoid leaving the issue to CHP's undertaking the nomination to recognized office in law capable ofl Reject:Reject. findit There must be a chaotic | DETERMINATION COMMENTS OBSERVATIONS/ COMMITTEE AND |

| AND DETERMINATION OBSERVATIONS/ COMMITTEE COMMENTS | Agree: This is already captured in theBill. | Reject. There must be a recognized capableof the nomination to avoid leaving the issue to CHP's chaotic nominating one of their own. !puy law undertaking may ul office who | | Reject. This Bill is only concerned about the professional regulation of communityhealthpromoters | |------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------| | RATIONALE | | | after its deliberation can nowltheBill. Under part (v) we should also and disciplinary conflict committeeforaction. the referto consider | | | PROPOSAL | Amend to provide that for a lcommunityhealth promoter, prescribed course of training at an approved training institution undergone | Let any representative from CommunitylCHP be made by CHP or bel Health Promoters oflapplied for rather than being handled by PSC or COCG who don't know us well. | | lnot stipends there is nowhere intheACTwhereCHP/W | | STAKEHOLDER | Community Kenya The | Kenya The | Community HealthPromotersof Kenya The | HealthPromotersof Kenya The | | CLAUSE | Part v discipline 22 (a) | 26.On d, and e | Under part (v) we should conflict resolution consider committee also and | financial provision Under |

| | | | CLAUSE | | |------------------------------|--------------------------------|--------------------------------------------------------------|----------------------------|-------------------------| | | | | STAKEHOLDER | | | as not more than 20,000kshs. | formisconducthasbeen set | outlinedbutwecan seefine salaryandremunerationsis | PROPOSAL | | | | | | RATIONALE | | | by the employer. | promoterscanbebetter addressed | salaryof thecommunityhealth and therefore issues touching on | DETERMINATION COMMENTS AND | OBSERVATIONS/ COMMITTEE |

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introaucuon

registration, and training of Community Health Promoters in Kenya. While the Bill is a positive step towards formalizing the role of CHPs, it presents several gaps that require urgent attention to safeguard CHPs' interests, enhance their welfare, and align with existing legislation. This memorandum identifies key issues within the Bill and provides recommendations for amendments that will ensure a robust and comprehensive legal framework for CHps.

| Clause(Existing orNew) | Recommendation | Justification | |--------------------------------------------|--------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | Section 17-21: Registration Procedure | Harmonize theregistration procedure with the Primary HealthcareActof2023. | ThePrimaryHealthcareActof2023already providesaregistrationframeworkforCHPs. Introducingaseparateregistrationprocess under this Bill creates unnecessary bureaucraticoverlap,leading to confusion, inefficiency,and increased administrative burden.Moreover,multipleregistration requirements may result in conflicting regulatorystandardsmakingit harderfor CHPstonavigate thesystem.Harmonization will ensure consistency,reduceredundancy, andstreamline theregulatoryprocesswhile fosteringbettercoordinationbetween regulatorybodies. | | New Clause: Compensation and Scope of Work | Introduce a clause specifying compensationrates,scopeof work,andmechanismsfor compensating CHPs. | CHPs play a vital role in healthcare but often workwith little tonocompensationwhich is unsustainable.The Bill should clearly outline paymentrates,define thescopeofwork includingworkinghours,andestablish mechanismsforcompensation,especially when CHPs support government programs suchasimmunization drives,maternalhealth initiatives,and diseasesurveillancewhich are not in the ordinary course of duties. Compensation is essential for sustaining motivation,professionalism,andretentionin the CHPworkforce.Additionally,failure to compensate CHPs undermines theprinciple of fair laborpractices anddiscourageslong-term commitmentto communityhealthservices. | | New Clause: Welfare of CHPs | | CHPs work in challenging conditions with no clearwelfare provisions,which can negatively impact their well-being and effectiveness. The |

| | | registration fees places an undue financial burdenon them,discouragingparticipation and formalrecognition.Scrapping this requirement ensures inclusivity,allowing all CHPs,regardlessofeconomicstatus,to register and contribute effectively to community health services.Additionally, waivingfeesalignswiththegovernment's commitmenttouniversalhealthcareby ensuringthatcritical healthworkersarenot excluded due to financial constraints. | |----------------------------------|-----------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | Clause 35: Training Requirements | AmendClause35toprovide alternativepathwaysforCHPs with varying educational backgrounds. | The Bill currently mandatesspecific courses forregistration,excludingCHPswithlimited formal education.Recognizingprior experience,on-the-job training,and tailored mentorship programswill ensure inclusivity and widerparticipation.Many CHPs acquire valuableskillsthroughfieldexperience, makingrigidacademicrequirements unnecessary barriers.Alternative pathways, such as competency-based assessments and structuredmentorship,will provide a fairand practical approach torecognizingCHPs' contributions and capabilities. |

Conclusion

The CommunityHealthPromotersBill,2022isa critical step towardregulatingandsupportingCHPs in Kenya. However, several gaps must be addressed to ensure that CHPs receive fair treatment, adequate compensation, proper welfare provisions, and representation in decision-making bodies. This memorandum outlines necessary amendments to enhance the Bill's effectiveness and ensure it aligns with existing laws and best practices. We urge the Senate to consider these recommendations to create a more inclusive and effective framework for community health promotion in Kenya.

Submitted by;

Akiny..

NAME:

PHONENUMBER.......O......34

SIGNATURE:....

THECOMMUNIIY HEALIHPROMOTERSOF KENYA NAIROBI

TOTHECLERKOF THE SENATE

P0.8041482-00100

NADO.

Cmwll:dk.naicapahamnl.go.ks Dnte:1fehruery2925.

VHOM:THECOMMUNITY JIEALTH PROMOTERS OF KENYA

arswmndan

RLLBMISSIONOEMEMORANDUMTOTHE THE COMMUNITYHEALTH WORKLHSANDSERYICE BILLOP THENATIONALASSEMBLYAND SENATE OE Z022AND2023RESPECTIVELY

T Cunumunity health promoters of Kenya here by referred to as CHPs / CHWs.On thismatter W fcogmize effont made by both at national and county government in realizing the CHPs are pivMal hunan resources towards achieving universal health care.Today CHP fraternity stand at over 1oooo0 memhers all over Kenya andwe are desirous tosubmit ourwritten memoranda uwards ihe too bills before the senate for and onbehalf of the other CHPs.

PartIunderpreliminary

No CWhat will happen to those not trainedyet they havebeen serving To ineludg train those already on site and be fully certified from a recognized institution. N:The tenm conmunity health worker should be broken down cozwe have different cadres under hise.g.

• Pacihty nuree

DSKC

• Chinical officers

• CHAS/CHOS

• CHPS

uindly

• Sub county co-ordinators

• Coumy coordinators ete,

No.b (1)g and h-the CHp/W representation should be clected by CHP and not thrcabt suretary and COG and the perwon should not have less than 10 years in this fifd

B02/as

SENAIE

Mr.Rongera

13FEB2025

Lundly

Ko'-.d

(DSEC)

1310212025

The chairperaon should be elected by counell members and he/she should be a CHP/W because hin isn CliW bill nonppointment

PARTII.

Qualifention ofnrepistrarminimum of degree is too high this begs for the concern tobreak down the CHWbill/act

No.18 section b and c contradicts each other

Party disciplins

No 22 (a) To include hus successfully undergone a prescribed course of training at an approved training institution sponsorcd by the national government (MOH)

26. On d.and e - let any represcntative from CHP be made by CHP or be applied for rather than being handled by PsC or COCG who don't know us well.

Under part (v) we should also consider conflict and resolution committee which after its deliberation can now refcr to the disciplinary committee for action

Under financialprovision

To also include CHW salary not stipends there is nowhere in the ACT where CHP/W salary and remuncrations is outlined but we can see fine for misconduct has been set as not more than 20,000kshs.

Senate bill memo

Edit areas where is community health volunteers to read community health promoters/workers

10(3) that CHP shall not be entitled to salary.

CHP should be under certain job group and salaried.

On matters CHC -outline the functions and also consider their salary to be higher compared to the CHPs

18.'That we have Nairobi county community service ACT 2019, it will be desirous to align with senate / NA act orwill there be a need for another act.

Under part ii -- both the county and national government to take into account training of CHP/WS (fully sponsorcd) and also provide a package of mental health for CHPs/W through semi or annual debrief and self-care just like any other staff of the national and county government under memorandum of object, resource to cater for services provided.

Presented by:

| no | name | Phone | | |------|-----------------------|-------------|--------------| | 1. | Adagala adagala | 0724347411 | NAIROBI | | 2. | Peter karanja | 0722922987 | NAIROBI | | 3. | Asha hamisi | 072259639 | NAIROBI | | 4. | Jane nafula | 0721469303 | BUNGOMA | | 5. | Patience.m.masale | 0726528509 | TAITATAVETA | | 6. | Paul Njoroge | 0724322560 | MURANG'A | | 7. | Andrew lutuyies | 0718376140 | KAJIADO | | 8. | Khalifa mzazija | 0790636579 | MOMBASA | | 9. | Reginal james | 0723532548 | KITUI | | 101 | Musimbi abasi | 14431497 | BUSIA | | 111 | Bridgit mutisya | 07077979749 | KITUI | | 12 | Mary kimani | 0724001697 | MURANGA | | 13 | Stephen baraza wasike | 0710262813 | BUSIA | | 14 | Judith ogutu | 0714221313 | HOMABAY | | 15 | Jane Waithera Maina | 0725311239 | NYANDARUA | | 16 | Peter mugo | 0720303382 | EMBU | | 17 | Peter njiru | 0790576671 | EMBU | | 18 | Abdullahi Ahmed | 0792429985 | NAIROBI | | 19 | Pius Wakhugu | 0711313838 | NAIROBI | | 20 | Teresia Njoki | 0726359487 | NYERI | | 21 | Andrew Kahiga | 0712462246 | MERU | | 22 | Onesmus Nthiga | 0712222748 | THARAKANITHI | | 23 | Enock Okoya | 0713412930 | NAKURU | | 24 | Salim Ogom | 0769607471 | MARASABIT | | 25 | Robert Kirambo | 0112027509 | TAITA-TAVETA | | 26 | Stephen Koech | 0721245273 | UASIN GISHU | | 27 | Judy Muthoni | 0724206965 | KIRINYAGA | | 28 | Paul Barno | 0725391094 | LAIKIPIA |

Prepared by:

Adagala Adagala

Nairobi CHP Chairperson,

Tel:0724347411/0732263694

Email:kenadabism82@gmail.com

P. O. Box 17185 - 00100, Nairobi

Cell: +254 712 739 085

Tel:+254725666281

Emaill: achvok@gmail.com

MEMORANDUM ON THE COMMUNITY HEALTH PROMOTERS BILL, 2024 (NATIONAL ASSEMBLY

BILL NO. 53 OF 2022)

70:

The Clerk of the Senate P.O.Box41842-00100.Nairobi Email:clerk.senate@parliament.go.ke

FROM:

Advocates for Community Health Voluntcers of Kenya (ACHVO-K)

Address:30108-00100,Nairobi

Email:shecrvleli@gmail.com

Phone:+254725666281

DATE:14th February2025

Dear Sir/Madam

RE:Submission of Recommendations on the Community Health Promoters Bill, 2024

1. Introduction

Advocates for Community Health Volunteers of Kenya (ACHVO-K) is a national body representing Community Health Promoters (CHPs) across Kenya. We welcome the Community Health Promoters Bill,2024,as it aims to formalize,professionalize,and strengthen community health services.

THE SEM RECEIVE. 17FEB2025

DEPUTY CLERK

While we support the Bill's objectives, we submit this memorandum in response to the call for public participation to ensure that the voices, experiences,and contributions of CHPs are fully recognized in all decision-making processes.

DPSEC / BL)

Mv.Mingra

undu-deel

3

Lriu

170212025

n/0212s

Our primary conccrm lies in the Second Schedule (Section 23), which outlincs eligibility criterin for CHP registration. Thc prescribed training requirements may exclude long-serving CHPs who have dedicated years of servicc to thcir communitics but may not hold formal academic qualifications in the specificd ficlds.

As a national association, we uphold the principle: "Nothing about CHPs without CHPs." It is imperative that any law affecting CHPs is inclusive and cnsures that all CHPsboth experienced and newly trained-are recognized and integrated into the formal health system.

2. Rationale for Supporting the Bill

We bclieve the Community Health Promoters Bill, 2024 is crucial as it will:

• 1.Recognize CHPs as Esscntial Healthcare Workers
• Legally acknowledge CHPs as an integral part of Kenya's healthcare system.
• 2.Ensure Fair Remuneration and Working Conditions
• Establish a structured framework for salaries,benefits,and job security.
• 3.Standardize Training and Professionalization
• Introduce structured training while ensuring that existing CHPs are not unfairlylocked out.
• 4.Provide Necessary Resources and Equipment
• Ensure CHPs have access to essential medical supplies, protective gear, and digital tools.
• 5.Enhance Supervision, Support, and Integration
• Strengthen linkagesbetween CHPsand formal health facilities.
• 6.Establish a Clear Legal and Policy Framework
• Secure government accountability and sustained funding for community health programs.

3. Concerns on Eligibility Criteria for CHP Registration

Second Schedule, Section 23 of the Bill outlines that only individuals who have completed training in the following fields will be eligible for registration:

• Community Health
• Psychology
• Counseling
• Social Work
• Community HiV Counseling and Testing
• Immunization
• Community Development
• Health Education or
• Any other relevant training as prescribed by the Cabinet Secretary

Our Concern:

This restrictive list fails to recognize the skills,knowledge,and practical experience gained by CHPs through years of service.Many CHPs have undergone on-the-job training, mentorship, and fieldwork but lack formal academic certification. Excluding thcim from registration would disenfranchise thousands of experienced CHPs and weaken community health services.

4.Recommendations forAmendments

To ensure that the Bill is inclusive and reflective of the realities of CHPs, we propose the following amendments:

A. Recognition of Advocacy and Health-Related Training

• The Bill should explicitly recognize short health-related courses and advocacy training as part of CHP registration eligibility.
• infectious disease control, emergency response, and health advocacy should be considered valid.

B.Grandfather Clause for Experienced CHPs

• A grandfather clause should be introduced to automatically register CHPs with at leastfive years of active service,regardless of formal qualifications.
• not unfairly excluded from formal recognition.
• This ensures that those who have been serving communities for years are

C. Continuous Professional Development (CPD) Instead of Restrictive Entry Requirements

• Instead of imposing rigid academic requirements at entry, the Bill should introduce Continuous Professional Development (CPD) to allow CHPs to upgrade their skills over time.
• CHPs should be given opportunities to participate in training programs and competency-based assessments while continuing to serve their communities.

D.Recognition of Prior Learning and Experience

• The Bill should incorporate a Recognition of Prlor Learning (RPL) framework, experience.

E.Alternative Certification Pathways

• CHPs with at least five years of active service should be allowed to undergo a competency-based assessment as an alternative route to certification.

F. Inclusion of CHP Representatives in Training Decisions

• The exclusive authority granted to the Cabinet Secretary to prescribe training requirements should be revised to ensure that CHP representative bodies are consulted in curriculum development and certification processes.

5. Conclusion

ACHVO-K strongly supports the Community Health Promoters Bill,2024,but we urge the Senate to amend Second Schedule, Section 23 to ensure that experienced CHPs are not excluded from formal registration.The Bill should balance professionalization with inclusivity,recognizing the invaluable contributions of CHPs who have served their communities foryears.

We appreciate the opportunity to submit this memorandum and look forward to meaningful engagement with the Senate to protect,recognize, and uplift the role of CHPs in Kenya.

Our call to action: Let's ensure that no CHP is left behind.

Sincerely,

Sheringham Elisha Secretary General-Advocacy& Policy Advocates for Community Health Volunteers of Kenya (ACHVO-K)

Email:sheeryleli@gmail.com

Phone:+254725666281

"Building and sustaining community heath services"

COMMUNITYHEALTHSERVICES&DEVELOPMENTOFFICERSASSOCIATION

MEMORANDUMTOTHESENATE

THIRTEENTHPARLIAMENTTHECOMMUNITYHEALTHPROMOTERSBILL, 2024.

Context

Article 43of the Constitution of Kenya,2010.43.(a) to the highest attainable health standard,including the right to health care services, including reproductive health care.For us to achieve this, appropriate lgislation willgo a long wayin puing in place the legal framework for the delivery ofquality communityhealth services in the country.

The Community Health Promoters Bill,2024 (National Assembly Bill No.53 of 2022) was read in the Senate on Wednesday,4December,2024 and stood committed to the CommitteeonHealthfor consideration and reporting. According to Article 118 (1) of the Constitution of Kenya 2010, which highlights the importance of citizen participation,we submit this memorandum.

We propose that the Community Health Promoters Bill 2022 be amended to regulate Community Health Officers and, as such, be renamed Community Health Offcers Bill and the following articlc-specific changes bemade:

| RULE | PROPOSEDAMENDMENT JUSTIFICATION The Community Health Officers Bill, 2024. | |--------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | Title | The proposedacademic qualifications applyto community healthofficersasstipulatedin thescheme ofservicefor communityhealthservicespersonnel ofNovember.2013 aswell as the careerprogression guidelines for communityhealth personnel. According to thePrimaryHealth CareAct no.13of 2023,Community Health Promoters (CHPs) are trained and supervised by Community Health Officers. There is no provision for regulation of CommunityHealthOfficers. Themajorityof CommunityHealthPromoters (CHPs)donotmeettheacademicrequirementsand byextensiondonotmeettheregulatoryrequirements advanced in the bill therefore will bc rendered redundant. |

Tel.0782903352/0722688528 Email: info@chesoa.org P.O.B0X27892-00100,Nairobi

| ABill for | provisionfor thetraining. registration,and lieensing of community health officers regulate their practice; to provide for the cstablishmentpowersnd functions of the Communiy Health Omicers Council of Kenya and connected purposes | AN ACT of Parlament to makeThe popoed academiequalfeatons ppl o conmunity health othcers as stipuated in the schene of service for comnunity healh services petsounel of Novemher 2ol3 aa well as the career progression guideines for cotoinunity heath peraonnel.According to e Primary Healh Care Aet no.13 of 2023,Comnunity 1ealh Promoters Health Officers.There is no provisjon fotregulation of CommunityHealthOfficers The majority of Comrmunity Healh Promoters (CHIPs) do not meet the academic tequirements and by extension do not meet the regulatory requirements ndvanced in the bilf therefore wifl be rendered redundant, | |------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | Part 1-Preliminary In this act | Delete "Community Health Promotcrs Act of 2022"and insert "Community Health Officcrs Act, 2022". | To align the bill with the suggested title as well as the Primary Health CareActno.13of2023, | | 2.In this Act,otherwise the context requires-- | ln this Act,unless the contcxt othervise requires- "Council"means the Community Health Officers Council established under section 3; Delete community health promoter and replace with; "Community health officcr” means a health professional trained in community health who is assigned to supervise community health promotcrsunder their community health units. “register” means the register of community health officers,which the Registrar is requircd maintain under section 19 ppV "Association" means Community Health Services and Development Officers Association | To align the bill with the suggested title as well as the PrimaryHealthCareActno.13of2023. The proposed academic qualifications applyto community health officcrs as stipulated in the scheme of service for community health services personnel of November. 2013 as well as the career progression guidelines for community health personnel.According to thePrimary Health Care Act no.13of 2023,Community Health Promoters (CHPs) are trained and supervised by Conmunity Health Officers.There isno provision for regulation of CommunityHealth Officers. The majority of Comnunity Health Prornoter (CHPs) do not mect the academic requirements and by extension donotmeet theregulatoryrequirement advanccd in the bill therefore will be rendered redundant. The Association will help in members'professional devclopment and is a kcy stakcholder sincc it represents the interests of all practicing Comrnunity Health Officers.This is a common practice with other regulatory bodies/councils for example the Medical Practitioners and Dentist Council, Nursing Council,etc. |

| PART 11- ESTABLISHMENT, FUNCTIONS AND POWERSOF THE COMMUNITY HEALTH PROMOTERS COUNCIL | Replace "Community Promoters Council" with "Community Health Officers Council." | Prinary Health Care Act no. 13 of 2023. | |-----------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | 3.(1) | Replacc "Community Promotcrs Councilwith the Community Health Officers Council. | HealthTo align the bill with the suggested title as wellas thd Primary Hcalth Care Act no. 13 of 2023. | | 5 (a, b, c, c, h) | Delete"Community Health Promoters"and insert "Community Health Officers." | To align thebill with the suggested title aswell as the PrimaryHealth CareAct no.13 of2023. | | 6(1)(c) | Delete one person nominated by the Public Health Officers and Technicians Council and insert the General Secretaryofthe Association | Public Health Officers are regulated by the Public Health Officers and Technicians Council. Their involvement in a different council will bring conflict ofinterest. To consider the perspective of the professional association to the council | | 6(1)(d) | One person with knowledge and experience inmatters community health appointed by the Cabinet Secretary | To donate the extra slot to one lecturer qualified in Community Health and representing institutions training in communityhealth | | 6(1)(g) | Add“OneLecturer in community healthfrom the department dealing with communityhealth nominated by training institutions" | To represent Community Health Training Institutions by bringing technical expertise and academic excellence to the council | | | The members appointed under section 6 (l)(b), (d) and (e) shall holdofficeforatermof threeyears andshall 1beeligible for reappointment for one further term. | The General secretary of theAssociationrepresents the interestof all CommunityHealth Officers and thereisneedforseamlessinstitutional memoryof the Council | | PART III REGISTRATION ANDTRAININGOF COMMUNITY HEALTH PROMOTERS | Replace "Community Health Promoters"with"Community Health Officers." | To align thebill with the suggested title aswell as the PrimaryHealth Care Act no.13 of 2023. | | 17(2) | TheRegistrar shall hold officefor 3years. (renewable once) on such terms and conditions of employment as the council may determine. | Mwongozo guidelines.To foster professionalism, entrench competitiveness, and ensure international best practices. | | 18(b) | Insert"in Community Health"after the word"Degree." | To foster professionalism, the registrar should be well-grounded in community health discipline. | | 18 (c) | Replace "community health promoter"with"Community Health Officer." | To align the bill with the suggested title as well as the PrimaryHealth CareActno.13of2023. CommunityHealth Officers are thepersonnel to be regulated by the council under this bill. |

| 19 (c, d, e) | Replace "community hcalth promotcrs"with"Community Health Officers." | To align the bill withthe suggeted title as wellas th Primary Health Care Act no. 13 of 2023. Community Health Officers are the personnel to be regulated by the couneil under this bill. | |----------------------------|---------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | 20 (1) (b) (c) (2) | Replace "community health promoters"with"Community Health Officers." | To align the bill with the suggested title as well as the PrimaryHealth CareActno.13of2023. Community Health Officers are the personnel to be regulated by the council under this bill. | | 22(1d) | Delete "community health promoter"and insert "a Senior Community Health Officer." | To align thebill with the suggested title as well as the Primary Health Care Act no.13 of2023. To cnsure that the trainee is adequately traincd before they are given responsibilities. To complete the training practice period (Internship) as required in the medical field. | | 23 | Delete "community health promoters" and insert "Community Health Officer." | To align the bill with the suggested title in line with Primary Health CareAct no.13 of2023. Community Health Officers are the personnel to be regulated by the council under this bill. | | PART. IV DISCIPLINE 26 (1) | Delete "Community Health Promoters Disciplinary Committee" and insert "Community Health Officers Disciplinary Committee." | To align the bill with the suggested title as well as the Primary Health Care Act no.13 of 2023. Community Health Officers are the personnel to be regulated by the council under this bill. | | 26 (2) (d) | Delete“PublicHealth Officer”and insert “a representative of the Association.". | PublicHealth Officers areregulated by thePublic Health Officers and Technicians Council. Their involvementina differentcouncil will bring conflict ofinterest. Community Health Officers are the personnel to be regulated by the council under this bill. To align the bill with the suggested title as well as the PrimaryHealth CareAct no.13of2023. | | 26 (2)(e) | and insert"Community Health Officer." | Primary Health Care Act no.13of 2023. Community Health Officers are the personnel to be regulated by the council under this bill. | | 26 (5) | Delete"comnunity health promoters"and insert "Community Health Officers." | To align the bill with the suggested title as well as the PrimaryHealth CareActno.13of2023. Community Health Officers are the personnel to be regulated by the council under this bill. | | 27 | Delete"community health promoter' andinsert"Community Health Officer." | To align the bill with the suggested title as well as the Primary Health CareAct no.13 of 2023. Community Health Officers are the personnel to be regulated by the council under this bill. | | 28 (4),(5) | Replace "community promoter"with"Community Health Officer." | health To align the bill with the suggested title as well as the Primary Health CareAct no.13of 2023. Community Health Officers are the personnel to be regulated by the council under this bill. |

| PART TRANSITIONAL PROVISIONS 35 | VII-All serving officers who arc Service for CommunityHealth ServicesPersonnel asof November 2013 shall be considered qualified for registration as Community Health Officers,cven if they do not possess the prescribed qualifications outlined in this Act. | Officcrswhohavc served for over 5 years have gained of prior learning), which is recognized by the Kenya National Qualifications Authority. To takc cognizance of the fact there are existing Community Health Officers already in service and are underpermanent and pensionable terms | |-----------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | SECONDSCHEDULE PRESCRIBED COURSES | A person is cligible for registration as a Community Health Officcr ifhe or shehas completed one of the following courses: 1.Certificate in Community Health 2. Diploma in Community 3. Health 4. Degreein Community Health | To professionalize Community Health Practice and avoid the confusion brought about by introducing other professions already in existence and with different mandates. |

Me

Signed

Wycliffe Ogenya General Secretary

Dated this 13 Day of February, 2025.

SOCIETYOFCOMIMUNITYHEALIHCAREGIVERS

Telephone:0722806928 07076S.3444

Email:sochekenya@ gmail.com

Web:htps://societyofcommunityheath.co.ke

OURREF:SOCHE/14/02/25(DVol.1

Ofice of the Clerk of the Senate. P.O Box 41842-00100,Nairobi

Dear Sir/Madam,

RE:MEMORANDUM ONTHE COMMUNITYHEALTHPROMOTERSBILL2022

The above subject matter refers.

The Socicty ofCommunity Health Caregivcrs (SOCHE) isaregistcrcd Professional Socicty established through the provisions of Cap 108 of the Societies Act Kenya. Our membership includes trained Community Health Officers (bachelor's degree),Assistant Community Health Officers (Diploma). and Community Health Assistants (Certificate).All referred as Community Health Officers under Section 2of thePrimary Health Act No13of 2023.All Our objective is to delivery at large. Annexed is a copy of our registration Certificate from the Registrar of Societies.

We humbly request the incorporation of ourviews on the proposed Community Health Promoters Bill, 2022. This legislation has a significant impact on both the training and practice of our members,making it essential to consider their perspectives to establish a regulatory framework that effectively supports their professional growth and service delivery.Both community Health officers and promoters are inseparable and their work interconnected.

By integrating our recommendations,the bill will foster a more comprehensive and inclusive regulatory system that strengthens community health services and enhances better provision of primary healthcare Services.

Regards,

Desmond Anderson Wafula

Secretary General Society of Counity Health Caregyers (SOCHE)

POB0X550-00200 Nairobi.Kenva 14February 2025

PARTI:PRELIMINARY

suopeoymnr

sunupunuy

Aecording to thePrimary Health Care Aer No,13 of2023,community hedh pracbce 1m Kenya encompasses both Commumty Heaith Promoters and CommunityHealth Oificers Given thcir inerconnectedroles,tessential council. Establishing separate councils for toregulateboth levelsunderaunified

community health: to make provision for the training and registration of community health promotcrs and Conmmumity hcalth Officers; to establish the Community Health Council and Amend the long title to read: AN ACT of Parhamen to regulate the practice of cachwould beinefficicnt.Acomtnunity

for connccted purposes health unit is headed by u community health without the Community Health Officer and A communityhealthpromoter cannotwork officer,and ten community health promoters.

the contrast is also true.

community health training and practice,itis

essential that the Act regulates the entire

spcctrum of community health training and

To ensure comprehensive oversight of

Amend the Short title to read; This Act may be cited as the Community Health Practice, Training and Regulation Act, 2022

()

practice.Our society has identified 203

health programs in Kenya, including 45

unregulated institutions offering community College. Since 2020, these institutions have branches of the Kenya Medical Training

3,000 graduates annually. Additionally, there

arc more than 107,000 community health promoters nationwide. The deployment of community health officers remains where the Ethics and Anti-Corruption unregulated, as evidenced by a recent case Commission (EACC) identitied over 150

Our website: societyofcommunityhealth.co.ke

THE SOCIETY OF COMMUNITY HEALTH CAREGIVERS (SOCHE) MEMORANDUM ON COMMUNITY HEALTH PROMOTERS BILL, 2022

| community health officers in Nandi County Implementing regulatory measures within the Act iscrucial touphold thestandardsand integrity of community health service in lacking the necessary qualifications. Kenya. | The council Must regulate the entire practice It is highly concerning that a community incorporated into this Act. Failing to and training of Community health. | HealthOfficerwhoiswell established under Section 2 of the Primary health Act No. 13 of recognize Community Health Officers within this Community health legislative framework regulatory gap that needs to be addressed with undermines their contributions to the urgency. | Communityhealth officers should also be incorporated in theregister.Despite the active delivering community health services together with the community health promoters,they remain unregulated, which contradicts the Health Act of 2017,mandating that all healthcare professionals must be regulated. roleof Communityhealthofficersin | |----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | | Community Hlealth Council established under Amend the "Council" to; mcans thc section3 | meaning assigned to it under section2of the "Community Health Officer" has the Primary Health Act No 13 of 2023 and is licensed under this Act.; | Amend the definition of the"register" to required to maintain under section19;and | | | 2 (Amend the definition of the council) | definition ofa County Chief Officer of Introduce a definition of a Community Health oflicer immediately after the Health | "Register" |

Our website: societyofcommunityhealth.co.ke

| Justification | regulatory body. There is no need for separate Currently,Kcnya lacks a dedicated council or practitioners.It is imperativeto establishsuch nearly a decade of experience in community mattcrs.Ovcrlooking individuals who have councilsfor differcntlevels,as community undergonc cxtensivc training and possess community health promoters only,is not Community hcalth practice in thc country councilwith thcmandatetoadvisethe Cabinet Secretaryon communityhealth health, in favour of assigning roles to health operates as one cohesive cadre. should rcrmain unificd under a single advisable. | regulatory body. There is no need for separate Currently,Kcnya lacks a dedicated council or practitioners.It is imperativeto establishsuch nearly a decade of experience in community mattcrs.Ovcrlooking individuals who have councilsfor differcntlevels,as community undergonc cxtensivc training and possess community health promoters only,is not Community hcalth practice in thc country councilwith thcmandatetoadvisethe Cabinet Secretaryon communityhealth health, in favour of assigning roles to health operates as one cohesive cadre. should rcrmain unificd under a single advisable. | |-----------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | | Delete and replace with; 'Therc is cstablishcd a Council to be known as the Community Health Council | Amend 5(c) to read; establish a professional codc and supcrvise the professional conduct and practice of community health officers and Amend 5(e) to read; maintain the register and keep a record of all community health officers Amend 5(h) to read; consider and deal with prescribing badges,insignia or uniforms to be and promoters registered under this Act; promoters; |

Our website: societyofcommunityhealth.co.ke

THE SOCETY OF COMMUNITY HEALTH CAREGIVERS (SOCHE) MEMORANDUM ON COMMUNITY HEALTH PROMOTERS BILL, 202Z

| In the spirit of inclusivity and recognition of promoters and officers that have been fighting the Community hcalth Associations and Societies forboth Community Hcalth | distinct responsibilities within thcir council, and Community Health practitioners should be accorded the samc rccognition to operate independently without external interference. Community Health Promoters or Community It is only through comprehensive training and practicalexpericnceinComimunityHcalth can a qualified professional effectively make Socicty, we advocate for the appointment of professionals to be selccted by the Council of Additionally, they must be licenscd under this the council. Public Health Officers havc Notably, the Public Health Officers and informed decisions and provide valuable Expertise in Community Health requires comprehensive training in the field. As a Technicians Council does not include n ud pe pnb o Govermorsto serve on the council. Health Officers. Act. | |-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | Socicty of the Community Health Officers or Promoters at interchangeable sequence that Delete and replace 6 (lc) with one person nominatcd by cithcr of the Association or worn by community health officers and promotcrs. | Community health officers with training and Delete and replace with 6 (1d) With Two Delete and replace with 6 (le) With two persons, with training qualification in nominated by the Council of County Govermors to represent the interests of Community health, knowledge and countics;and | | o(le) Membership of the council | 6(ld) Membership of the council 6(le) Membership of the council |

Our website: societyofcommunityhealth.co.ke

| qualified professional with a background in Community Health. t would he inappropriate academic training to oversee the registration ofcommumity health practitioners.as this of the profession.This is happening to any Considering that the Bachelor's degrce in CommunityHealthwasintroducedrelatively expertise are not excluded from oppornunities of being the registrar of their own couneil simply due to due to an unrcalistic experience considering that the Registrar is mandated onmatters related to the community health profession,it would be impractical for them to effectively fulfill this role without proper training in Community Health. This jusnties that that this bill should comprise Community health officers who can undertake such roies. Just like any other health cadres, community healthcare Aet,The is no need to hist several courses that are notrelated to community not long a go,we propose reducing the The Registrar of the Council must be a This adjustment ensures that qualified for an individual without therelevam other previously regulated cadres. Justification threshold. | qualified professional with a background in Community Health. t would he inappropriate academic training to oversee the registration ofcommumity health practitioners.as this of the profession.This is happening to any Considering that the Bachelor's degrce in CommunityHealthwasintroducedrelatively expertise are not excluded from oppornunities of being the registrar of their own couneil simply due to due to an unrcalistic experience considering that the Registrar is mandated onmatters related to the community health profession,it would be impractical for them to effectively fulfill this role without proper training in Community Health. This jusnties that that this bill should comprise Community health officers who can undertake such roies. Just like any other health cadres, community healthcare Aet,The is no need to hist several courses that are notrelated to community not long a go,we propose reducing the The Registrar of the Council must be a This adjustment ensures that qualified for an individual without therelevam other previously regulated cadres. Justification threshold. | qualified professional with a background in Community Health. t would he inappropriate academic training to oversee the registration ofcommumity health practitioners.as this of the profession.This is happening to any Considering that the Bachelor's degrce in CommunityHealthwasintroducedrelatively expertise are not excluded from oppornunities of being the registrar of their own couneil simply due to due to an unrcalistic experience considering that the Registrar is mandated onmatters related to the community health profession,it would be impractical for them to effectively fulfill this role without proper training in Community Health. This jusnties that that this bill should comprise Community health officers who can undertake such roies. Just like any other health cadres, community healthcare Aet,The is no need to hist several courses that are notrelated to community not long a go,we propose reducing the The Registrar of the Council must be a This adjustment ensures that qualified for an individual without therelevam other previously regulated cadres. Justification threshold. | qualified professional with a background in Community Health. t would he inappropriate academic training to oversee the registration ofcommumity health practitioners.as this of the profession.This is happening to any Considering that the Bachelor's degrce in CommunityHealthwasintroducedrelatively expertise are not excluded from oppornunities of being the registrar of their own couneil simply due to due to an unrcalistic experience considering that the Registrar is mandated onmatters related to the community health profession,it would be impractical for them to effectively fulfill this role without proper training in Community Health. This jusnties that that this bill should comprise Community health officers who can undertake such roies. Just like any other health cadres, community healthcare Aet,The is no need to hist several courses that are notrelated to community not long a go,we propose reducing the The Registrar of the Council must be a This adjustment ensures that qualified for an individual without therelevam other previously regulated cadres. Justification threshold. | |----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | Bachelors Degree in Comwmnity Health from Amend 18(b) to read has a minimum of a a universiy recognised in Kenya;and Amendmcnts | Amend 18(c) to reud: is a registcrcd under this Act as a Community Health Officer with at least six years'expericnce in Community Health. | Amend 19 (b) to read advise the Council on matters relating to the Community Health profession; | undergone a training in Community Health approved training institution; | | 18(b) (Qualification of the Registrar) Clause | 18e)(Oaalificarion ofthcRcgistrar) | 19(b) Functions of the Registrar. | |

Our website: societyofcommunityhealth,co.ke