Cancer Prevention and Control Act

Section 1. Short title and commencement Section This Act may be cited as the Cancer Prevention and Control Act, 2012 and shall come into operation on such date as the Cabinet Secretary may, by notice in the Gazette , appoint which date shall not exceed ninety days from the date of publication.

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— “Board” means the Board of Management established by section 6 ; “Cabinet Secretary” means the Cabinet Secretary for the time being responsible for matters relating to public health; “Chairperson” means the Chairperson of the Board appointed under section 6 ; “Chief Executive Officer” means the Chief Executive Officer of the Institute appointed under section 10 ; “Institute” means the National Cancer Institute of Kenya established by section 4 ; “medical institution” means a hospital, clinic, dispensary or other place where a diagnosis of cancer is made and includes a medical practitioner practising in his or her own name; “medical practitioner” has the meaning assigned to it under the Medical Practitioners and Dentists Act ( Cap. 253 ); “person with cancer” means a person diagnosed as having cancer; “register” means the national cancer register established under section 20 . Section 2(2) For the period prior to the announcement of the results of the first elections of Parliament as contemplated by section 2 of the Sixth Schedule to the Constitution, reference to a “ Cabinet Secretary ” in th...

Section 3. Objects and purposes of the Act Section promote public awareness about the causes, consequences, means of prevention and control of cancer;

Section 4. Establishment of theInstitute Section 4(1) There is established a body to be known as the National Cancer Institute of Kenya. Section 4(2)(a) suing and being sued; Section 4(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 4(2)(c) borrowing money or making investments; Section 4(2)(d) charging fees for services rendered by it and requesting for securities for such fees; and Section 4(2)(e) doing or performing all other acts or things for the proper performance of its functions under this Act which may lawfully be done or performed by a body corporate.

Section 5. Functions of theInstitute Section advise the Cabinet Secretary on matters relating to the treatment and care of persons with cancer and to advise on the relative priorities to be given to the implementation of specific measures;

Section 6.Boardof Trustees Section 6(1) The Institute shall be administered by a board to be known as the Board of Trustees of the Institute . Section 6(2)(a) the Chairperson ; Section 6(2)(b) the Principal Secretary for the time being responsible for matters relating to health or his designated alternate not being below the level of Deputy Secretary; Section 6(2)(c) the Principal Secretary for the time being responsible for matters relating to finance or his designate alternate not being below the level of Deputy Secretary; Section 6(2)(d) one person nominated by the registered cancer associations in such manner as may be prescribed; Section 6(2)(e) the Secretary of the National Council for Science and Technology or his designated alternate not being below the level of Deputy Secretary; Section 6(2)(f) one person nominated by the Media Owners Association in such manner as may be prescribed; Section 6(2)(g) one prominent philanthropist or industrialist of good standing; Section 6(2)(h) one person nominated by the universities teaching medicine in such manner as may be prescribed; Section 6(2)(i) one person nominated by institutions conducting medical research in such manner as may...

Section 7. Conduct of business and affairs of theBoard Section 7(1) The conduct and regulation of the business and affairs of the Board shall be as provided in the Schedule. Section 7(2) Except as provided in the Schedule, the Board may regulate its own procedure.

Section 8. Powers of theBoard Section 8(1) The Board shall have all powers necessary for the proper performance of its functions under this Act. Section 8(2)(a) control, supervise and administer the assets of the Institute in such manner as best promotes the purpose for which the Institute is established; Section 8(2)(b) determine the provisions to be made for capital and recurrent expenditure and for the reserves of the Institute ; Section 8(2)(c) receive any grants, gifts, donations or endowments and make legitimate disbursements there from; Section 8(2)(d) open such banking accounts for the funds of the Institute as may be necessary; Section 8(2)(e) invest any funds of the Institute not immediately required for its purposes in the manner provided in section 19 ; Section 8(2)(f) establish such directorates, departments and regional centres of the Institute to deal with such specific matters as may be necessary; and Section 8(2)(g) undertake any activity necessary for the fulfillment of any of the functions of the Institute . Section 8(3) Without prejudice to the generality of paragraph (f) of subsection (2), the Institute shall decentralize its services to all counties of the Rep...

Section 9. Remuneration ofBoardmembers and staff of theInstitute Section The Board shall pay its members and staff such remuneration or allowances as it may determine upon the advice of the Salaries and Remuneration Commission.

Section 10.Chief Executive Officer Section 10(1)(a) be determined by the Board , upon the advice of the Salaries and Remuneration Commission; Section 10(1)(b) be stated in the instrument of appointment or otherwise in writing from time to time. Section 10(2)(a) a masters degree in matters relating to cancer from a recognized university; Section 10(2)(b) at least ten years post qualification managerial working experience. Section 10(3)(a) be the secretary to the Board ; and Section 10(3)(b) subject to the directions of the Board be responsible for the day to day management of the affairs and staff of the Institute .

Section 11. Staff of theInstitute Section The Institute may appoint such officers and other staff as are necessary for the proper discharge of its functions under this Act, upon such terms and conditions of service as it may determine.

Section 12. Delegation by theBoard Section The Board may, by resolution either generally or in any particular case, delegate to any committee or to any member, officer, employee or agent of the Institute , the exercise of any of the powers or the performance of any of the functions or duties of the Institute under this Act or under any other written law.

Section 13. Protection from personal liability Section 13(1) No act or omission by any member of the Board or by any officer, employee, agent or servant of the Board shall, if the act or omission was done bona-fide for the purposes of executing a function, power or duty under the Act render such member, officer, employee, agent or servant personally liable to any, action, claim or demand whatsoever. Section 13(2) The provisions of subsection (1) shall not relieve the Institute of the liability to pay compensation to any person for any injury to him, his property or to any of his interests caused by the exercise of any power conferred by this Act or by failure, whether wholly or partially, of any works.

Section 14. Common seal Section 14(1) The common seal of the Institute shall be kept in such custody as the Board may direct and shall not be used except on the order of the Board . Section 14(2) The affixing of the common seal of the Institute shall be authenticated by the signature of the Chairperson and the Chief Executive Officer and any document not required by law to be made under seal and all decisions of the Board may be authenticated by the signatures of both the Chairperson and the Chief Executive Officer . Section 14(3) Notwithstanding the provisions of subparagraph (2) the Board shall, in the absence of either the Chairperson or the Chief Executive Officer in a particular matter, nominate one member to authenticate the seal on behalf of either the Chairperson or the Chief Executive Officer . Section 14(4) The common seal of the Institute when affixed to a document and duly authenticated shall be judicially and officially noticed and unless and until the contrary is proved, any necessary order or authorization by the Board under this section shall be presumed to have been duly given.

Section 15. Funds of theInstitute Section 15(1)(a) grants, gifts or donations that the Institute may receive as a result of public and private appeal from local and international donors or agencies for the purposes of carrying out its functions. Section 15(1)(b) such fees, monies or assets as may accrue to or vest in the Board in the course of the exercise of its powers or the performance of its functions under this Act or under any written law; Section 15(1)(c) all monies from any other lawful source provided for or donated or lent to the Board ; and Section 15(1)(d) such sums as may be appropriated by Parliament for the purposes of the Institute . Section 15(2) The funds of the Institute and its balances at the close of each financial year shall not be paid into the Consolidated Fund, but shall be retained for the purposes for which the Institute is established.

Section 16. Financial year Section The financial year of the Institute shall be the period of twelve months ending on the thirtieth of June in each year.

Section 17. Annual estimates Section 17(1) At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Institute for that year. Section 17(2)(a) the payment of the salaries, allowances and other charges in respect of members of the Board and staff of the Institute ; Section 17(2)(b) the payment of pensions, gratuities and other charges in respect of members of the Board and staff of the Institute ; Section 17(2)(c) the proper maintenance of the buildings and grounds of the Institute ; Section 17(2)(d) the maintenance, repair and replacement of the equipment and other property of the Institute ; and Section 17(2)(e) the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment, or in respect of such other matter as the Board may deem appropriate. Section 17(3) The annual estimates shall be approved by the Board before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval and after the Cabinet Secretary ’s approval, the Board...

Section 18. Accounts and audit Section 18(1) The Board shall cause to be kept all proper books and records of accounts of the income, expenditure and assets of the Institute . Section 18(2)(a) a statement of the income and expenditure of the Institute during that year; and Section 18(2)(b) a balance sheet of the Institute on the last day of that year. Section 18(3) The accounts of the Institute shall be audited and reported upon in accordance with the Public Audit Act, 2003 ( No. 12 of 2003 ).

Section 19. Investment of funds Section The Board may invest any of the funds of the Institute in securities, in which for the time being trustees may by law invest trust funds, or in any other securities or banks which the Treasury may, from time to time, approve for that purpose.

Section 20. Cancerregister Section 20(1) The Institute shall cause to be kept and maintained a national cancer register containing the particulars specified under subsection (2). Section 20(2)(a) the incidence, preference, trends, type and geographical location of which due notification has been given pursuant to section 21 ; Section 20(2)(b) institutions, associations and organizations, including those controlled and managed by the national, and county governments, that provide care and treatment services for persons with cancer; and Section 20(2)(c) such other matters as the Board may prescribe. Section 20(3) All particulars under subsection (1) and changes in such particulars shall be entered in the Register by the Chief Executive Officer as soon as is practicable after receiving notification thereof. Section 20(4) The Chief Executive Officer may supply a copy of any entry in the Register upon payment of such fee as the Board may prescribe.

Section 21. Notification toInstitute Section 21(1) Every medical institution shall, as soon as reasonably practical after making a diagnosis of cancer on a person, deliver a notification to the Institute for purposes of section 20 (2)(a). Section 21(2)(a) be in such form as may be prescribed; Section 21(2)(b) specify the type and geographical location of persons with the cancer; Section 21(2)(c) not disclose the name of the person with cancer unless with the consent of the person or his guardian where such person is a minor; Section 21(2)(d) be given not later than sixty days after the diagnosis. Section 21(3) Any person who contravenes the provision of this section commits an offence.

Section 22. Alteration ofregister Section The Board may, at any time, direct that correction be made in respect of any entry which has been incorrectly or fraudulently made.

Section 23. Discrimination in the workplace Section 23(1)(a) denied access to any employment for which the person is qualified; or Section 23(1)(b) transferred, denied promotion or have his employment terminated, on the ground only of the person being a person with cancer . Section 23(2)(a) the advertisement of employment; Section 23(2)(b) the recruitment for employment; Section 23(2)(c) the creation, classification or abolition of posts; Section 23(2)(d) the determination or allocation of wages, salaries, pensions, accommodation, leave or other such benefits; Section 23(2)(e) the choice of persons for posts, training, advancement, apprenticeships, transfer, promotion or retrenchment; Section 23(2)(f) the provision of facilities related to or connected with employment; or Section 23(2)(g) any other matter related to employment.

Section 24. Discrimination in schools Section An educational institution shall not deny admission or expel, discipline, segregate, deny participation in any event or activity, or deny any benefits or services to a person on the grounds only of the person being actual or perceived to be a person with cancer .

Section 25. Inhibition from public service Section A person shall not be denied the right to seek an elective or other public office on the grounds only of the person being actual or perceived to be a person with cancer .

Section 26. Exclusion from credit and insurance services Section 26(1) Subject to this Act, a person shall not be compelled to undergo cancer screening or to disclose cancer status for the purpose only of gaining access to any credit or loan services, medical, accident or life insurance or the extension or continuation of any such services. Section 26(2) Notwithstanding subsection (1), an insurer, re-insurer or health maintenance organization shall, in the case of life and healthcare service insurance cover, devise a reasonable limit of cover for which a proposer shall not be required to disclose his or her cancer status.

Section 27. Discrimination in health institutions Section A person shall not be denied access to healthcare services in any health institution, or be charged a higher fee for any such services, on the grounds only of the person being actual or perceived to be a person with cancer .

Section 28. Penalty for discriminatory practices Section A person who contravenes any of the provisions of this Part commits an offence.

Section 29. Information, education and communication by national government Section 29(1) The national government, in collaboration with the Institute , shall promote public awareness about the causes, consequences, means of prevention, treatment and control of cancer through a comprehensive nation-wide education and information campaign conducted by the national government through the relevant departments, authorities and other agencies. Section 29(2) The education and information campaign referred to in subsection (1) shall be carried out in all schools and other institutions of learning, all prisons, remand homes and other places of confinement, amongst the disciplined forces, at all places of work and in all communities throughout Kenya. Section 29(3)(a) employees of all national government departments, authorities and other agencies; and Section 29(3)(b) employees of private and informal sectors; Section 29(3)(c) community and social workers; Section 29(3)(d) media professionals, educators, and other stakeholders involved in the dissemination of information to the public on cancer prevention, treatment and control. Section 29(4) In conducting the education and information camp...

Section 30. Cancer prevention and control to form part of education syllabus Section 30(1) The Institute shall liaise with the national government department responsible for education, to integrate instruction on the causes and ways of preventing cancer, its treatment and palliative care in subjects taught in public and private schools at all levels starting from early childhood education development centers to primary, secondary, and tertiary levels, including informal, non formal and indigenous learning systems. Section 30(2) The Institute shall in collaboration with the national government department responsible for education, develop and implement a training curriculum to be integrated into syllabuses on the prevention and treatment of cancer and the care of persons with cancer to be taught at all levels starting from early childhood education development centers.

Section 31. Cancer prevention and control to form part of health care Section 31(1) The Institute shall liaise with the national government department responsible for public health to ensure that education and information dissemination on the prevention and treatment of cancer and the care of persons with cancer including palliative care, shall form part of health care services by healthcare providers. Section 31(2) For the purposes of subsection (1), the national government department responsible for public health in collaboration with the Institute shall provide training for the healthcare providers to acquire skills for proper information dissemination and education on cancer prevention control and palliative care.

Section 32. Cancer prevention and control dissemination by county governments Section Every county government, in collaboration with the Institute , shall conduct an educational and information campaign on cancer prevention, treatment and control within its area of jurisdiction in the manner contemplated under sections 29 , 30 and 31 .

Section 33. Cancer prevention and control dissemination in cities or urban areas Section Every city or urban area, in collaboration with the Institute , shall conduct an educational and information campaign on cancer prevention, treatment and control within its area of jurisdiction.

Section 34. Consent to research Section 34(1)(a) with the written informed consent of that other person; or Section 34(1)(b) if that other person is a child, with the written informed consent of a parent or legal guardian of the child; Section 34(1)(c) If that person is incapacitated by infirmity, by the legal guardian. Section 34(2) The person whose consent is sought to be obtained under subsection (1) shall be adequately informed of the aims, methods, anticipated benefits and the potential hazards and discomforts of the research. Section 34(3) A person who contravenes any of the provisions of this section commits an offence.

Section 35. General penalty Section A person convicted of an offence under this Act for which no other penalty is provided shall be liable to a fine not exceeding two hundred thousand shillings or to imprisonment for a term, not exceeding two years or to both.

Section 36. Rules Section 36(1) The Cabinet Secretary , on the recommendation of the Institute may make rules generally for the better carrying out of its functions under this Act. Section 36(2) Without prejudice to the generality of sub section (1), the rules shall prescribe anything which this Act requires to be prescribed. Section 36(3) For purposes of the first appointment of members of the Board under section 6 , the Cabinet Secretary shall prescribe the procedures specified under that section notwithstanding the absence of the Institute but subsequent procedures shall be prescribed in accordance with subsection (1) of this section.