REFERRAL BY H.E. THE PRESIDENT OF THE HEALTH LAWS (AMENDMENT) BILL, 201

On November 8, 2018 the National Assembly passed the Health Laws (Amendment) Bill, 2018. The Bill is proposing to make various amendments to thirteen (13) Statutes relating to the Health Sector. Thereafter, the Bill was presented for Assent to H. E. the President in accordance with the provisions of the Constitution and the National Assembly Standing Orders. However, H. E. the President, by way of a Memorandum, has since referred the Bill back to the National Assembly for reconsideration, pursuant to the provisions of Article 115(1)(b) of the Constitution. In his Memorandum, H. E. the President expressed reservations on various provisions relating to the five (5) Statutes as passed by the House as follows;

1. Under the provisions relating to the Pharmacy and Poisons Act (Cap. 244), H.E. the President has made reservations on the following Sections-

1. section 2 on the definition of the terms “pharmaceutical device, pharmaceutical equipment, pharmaceutical product, and good manufacturing practice";
2. section 3 on the establishment of the Pharmacy and Poisons Board;
3. new Section 3B on the functions of the Pharmacy and Poisons Board; and,
4. section 24 on the deletion of the word "a pharmacist" and the substitution  with the phrase “pharmaceutical practice”.

2. Concerning the provisions relating to the Medical Practitioners and Dentists Act (Cap. 253), H.E. the President has expressed reservations on New Section 4B relating to the powers of the newly established Kenya Medical and Dental Council.

3. Under the provisions relating to the Nurses Act (Cap. 257), H.E. the President has made reservations on- 

1. section 4 on membership of the Nursing Council of Kenya;
2. section 9 on the functions and annual report of the Nursing Council of Kenya; and,
3. section 11 on determination of remuneration and allowances by the Nursing Council of Kenya.

4. Concerning the provisions relating to the Counsellors and Psychologists Act (No. 14 of 2014), H. E. the President has expressed reservations to Sections 15, 16, 17, 18, 19, 20, 21, 22, and Third and Fourth Schedules relating to the establishment, membership, functions and election of the Chairperson, Members and Committees of the Council of the Kenya Counsellors and Psychologists Society.

5. Under the provisions relating to the Clinical Officers Act (No. 20 of 2017), H. E the President has expressed reservations on Section 4(1) providing for the composition of the Clinical Officers’ Council and representation of other institutions in the Council.

Consequently, H. E. the President recommends amendments to the said Sections.

The President’s Memorandum was conveyed to the House on Tuesday, February 12, 2019 and was accordingly committed to the Departmental Committee on Health for consideration. The Committee is required to table its report by February 28, 2019 when the House is expected to consider the President’s Reservations.