Nurses and Midwives Act

Section 1. Short title Section This Act may be cited as the Nurses and Midwives Act. [Act No. 5 of 2019 , Sch.]

Section 2. Interpretation Section midwifery;

Section 3. Establishment of the Council Section There is hereby established a Council to be known as the Nursing Council of Kenya which shall be a body corporate having perpetual succession and a common seal with power to sue and be sued and to purchase, hold, manage and dispose of land and other property, and to enter into such contracts as it may consider necessary or expedient.

Section 4. Membership of the Council Section 4(1)(a) be a holder of a diploma or Bachelor's degree in nursing from a university or college recognized in Kenya; and Section 4(1)(a)(i) be a holder of a diploma or Bachelor's degree in nursing from a university or college recognized in Kenya; and Section 4(1)(a)(ii) have at least ten years' experience in leadership and management; Section 4(1)(b) the Director of Nursing Services or a representative appointed in writing by the Director of Nursing Services; Section 4(1)(c) one person nominated by the National Nurses Association of Kenya; Section 4(1)(d) one person nominated by other professional associations of Kenya representing nurses and midwives; Section 4(1)(e) one representative of midwives involved in clinical practice; Section 4(1)(f) one representative of accredited mid-level institutions involved in the training of nurses and midwives in Kenya; Section 4(1)(g) one representative of accredited universities involved in training of nurses and midwives in Kenya; Section 4(1)(h) one person nominated by the Cabinet Secretary to represent the public; Section 4(1)(i) the Chief Executive Officer who shall be the Registrar and shall be a...

Section 5. Disqualification from office and filling of vacancies Section 5(1)(a) he is an undischarged bankrupt; Section 5(1)(b) his name has been and remains removed from the appropriate register or his registration, enrolment or licence has been suspended under section 18B ; or Section 5(1)(c) he has contravened the provisions of Chapter 6 of the Constitution or convicted of a criminal offence punishable by a fine or imprisonment for more than six months. Section 5(2)(a) becomes subject to any of the disqualifications referred to in subsection (1); or Section 5(2)(b) has been absent from more than two consecutive ordinary meetings of the Council without its leave; or Section 5(2)(c) gives notice in writing to the Council of his desire to resign from office and his resignation is accepted. Section 5(3) Every vacancy caused by the death of a member or by vacation of office under subsection (2) shall, in the case of a member appointed by the Cabinet Secretaty, be filled by a person appointed by the Cabinet Secretaty, and in every other case, unless the Council otherwise decides, shall be filled by a person appointed by the Council and every person so appointed shall hold office for...

Section 6.[Deleted by ActNo. 5 of 2019, Sch.]

Section 7. Meetings of Council Section 7(1) The Council shall be convened by the Chairperson at least four times in each year. Section 7(2) The Chairperson may at any time convene a special meeting of the Council and shall do so within fifteen days of a written requisition of the meeting signed by at least five members. Section 7(3) Council meetings shall be presided over by the Chairperson or in the Chairperson's absence any other member elected by the Council at the meeting for that purpose. [Act No. 27 of 2011 , s. 3, Act No. 5 of 2019 , Sch.]

Section 8. Quorum Section 8(1) The quorum of the Council meetings shall be five members, but no meeting shall be held or continued, notwithstanding that there is quorum, unless the Registrar or a person deputizing the Registrar is present. Section 8(2) The decision of the majority of the members present and voting at any meeting shall constitute the decision of the Council and in the event of an equality of votes the Chairperson of the meeting shall have a casting in addition to a deliberative vote. [Act No. 2 of 2002 , Sch., Act No. 27 of 2011 , s. 4, Act No. 5 of 2019 , Sch.]

Section 9. Functions of Council and annual report Section 9(1)(a) to establish and improve standards of all branches of the nursing profession in all their aspects and to safeguard the interests of all nurses; Section 9(1)(b) to establish and improve the standards of professional nursing and of health care within the community; Section 9(1)(c) with the approval of the Cabinet Secretary, to make provision for the training and instruction for persons seeking registration or enrolment under this Act; Section 9(1)(d) with the approval of the Cabinet Secretary, to prescribe and regulate syllabuses of instruction and courses of training for persons seeking registration or enrolment under this Act; Section 9(1)(e) to recommend to the Cabinet Secretary institutions to be approved institutions for training of persons seeking registration or enrolment under this Act; Section 9(1)(f) with the approval of the Cabinet Secretary, to prescribe and conduct examinations for persons seeking registration or enrolment under this Act; Section 9(1)(g) to prescribe badges, insignia or uniforms to be worn by persons registered, enrolled or licensed under this Act; Section 9(1)(h) to have regard to the con...

Section 10. Appointment and powers of committees of Council Section 10(1)(a) registration, education and examination; Section 10(1)(b) discipline, standards and ethics; Section 10(1)(c) finance, strategy and development; and Section 10(1)(d) risk and audit. Section 10(2) The Council may from time to time appoint such other committees as it may deem necessary for the more effective carrying out of its functions under this Act. Section 10(3) Any committee appointed by the Council under sub-section (1) or (2) shall consist of such persons as the Council deems necessary. Section 10(4) The Council may prescribe and fix a quorum for each of its committees and may delegate to any committee such of its powers and duties as it deems fit. Section 10(5) Except where the Council has by resolution authorized a committee to manage, regulate, or conclude any matter, no act of a committee shall be binding on the Council until it has been approved by the Council. Section 10(6) A committee appointed under this section shall elect its own Chairperson and may also elect a vice-Chairperson. Section 10(7) Deleted by ActNo. 5 of 2019, Sch . Section 10(8) Any committee other than a standing committee may...

Section 4A. Corporation Secretary Section There shall be a Corporation Secretary to the Council who shall be appointed by the Council, on such terms and conditions of service as the Council may determine. [Act No. 5 of 2019 , Sch.]

Section 11. Appointment of Registrar and other officers Section 11(1)(a) be a registered nurse or midwife; Section 11(1)(b) be the Chief Executive Officer to the Council; Section 11(1)(c) perform such duties as may be prescribed by this Act or directed by the Council; and Section 11(1)(d) be an ex officio member of the Council. Section 11(2) The Council may appoint such other officers as the work of the Council may require, and those officers shall perform such duties as the Council may direct. Section 11(3) The Registrar shall keep up to date or cause to be kept up to date all registers, rolls and records required to be kept under or for the purposes of this Act, subject to any directions which may from time to time be issued to him by the Council. Section 11(4) A fee, to be known as a retention fee, shall be prescribed for payment annually, or at such longer intervals as the Council may deem appropriate, by any person whose name appears on a register or roll as a condition of maintaining his name thereon. Section 11(5) The officers appointed under this section shall be paid such remuneration and allowances as the Council may, on the advice of the Salaries and Remuneration Commiss...

Section 12. Registers to be kept Section 12(1) The Registrar shall compile and keep a register of nurses and midwives in the prescribed form. Section 12(2) Every person eligible to be registered as a nurse or midwife may apply in the prescribed form to the Registrar for registration and every such application shall be accompanied by the prescribed fee. Section 12(3) Subject to payment of a retention fee, there shall be entered and maintained in the appropriate register the name and address of every person entitled to be registered under this Act together with his or her professional qualifications and such other particulars as may be prescribed by the Council. Section 12(4) Every person registered under this Act who has obtained a higher degree or qualification other than the qualification in respect of which he has been registered, shall be entitled to have that higher degree or additional qualification inserted in the register in substitution for or in addition to the qualification previously registered, upon paying the prescribed fee. [Act No. 5 of 2019 , Sch.]

Section 13. Persons entitled to be registered Section has undergone a prescribed course of instruction and has passed the appropriate examination conducted or prescribed by the Council; or

Section 14. Rolls to be kept Section 14(1)(a) a roll of nurses; Section 14(1)(b) a roll of midwives; Section 14(1)(c) a roll of community health nurses; Section 14(1)(d) a roll of psychiatric nurses, Section 14(2) Subject to the payment of a retention fee, there shall be entered and maintained on the appropriate roll the name and address of every person entitled to be enrolled under this Act together with his professional qualifications and such other particulars as may be prescribed by the Council. [Act No. 5 of 2019 , Sch.]

Section 15. Persons entitled to be enrolled Section has undergone a prescribed course of instruction and has passed the appropriate examination conducted or prescribed by the Council; or

Section 16. Records of licences to be kept Section 16(1)(a) a record of nurses licensed to practise general nursing; Section 16(1)(b) a record of nurses licensed to practise midwifery; Section 16(1)(c) a record of nurses licensed to practise community health nursing; Section 16(1)(d) a record of nurses licensed to practise psychiatric nursing; Section 16(1)(e) a record of nurses licensed to practise sick children’s nursing, Section 16(2) There shall be entered on the appropriate record the name and address of every person licensed under this Act together with his professional qualifications and such other particulars as may be prescribed by the Council. [Act No. 5 of 2019 , Sch.]

Section 17. Private practice Section 17(1)(a) is a citizen of Kenya or a foreign national; Section 17(1)(b) is registered and licensed to practice in Kenya; Section 17(1)(c) is a holder of a valid practising license issued under this Act; Section 17(1)(d) is of professional good standing, as may be prescribed by the Council; Section 17(1)(e) has paid the fee as prescribed by the Council; Section 17(1)(f) meets such other requirements as may be prescribed by the Council; and Section 17(1)(g) is a holder of such other nursing or midwifery qualification as may be prescribed. Section 17(2) A person is not qualified to operate a clinic in community nursing or midwifery services as a private practitioner unless such person has at least three years post qualification experience in community nursing or midwifery and is in active practice in Kenya. Section 17(3) Despite the provisions of sub sections (1) and (2), a person is not qualified to operate a nursing home, maternity home or a nursing and maternity home as a private practitioner unless such person has been in active practice for at least five years in Kenya. Section 17(4) If a license is due for renewal and the licensee has not made...

Section 18. Use of titles Section 18(1) Any person registered or enrolled under this Act may take and use the title appropriate to the register or roll on which his name appears. Section 18(2) Any person licensed under this Act may take and use the title appropriate to the terms of the licence granted to him.

Section 18A. Professional misconduct Section 18A(1)(a) allows any person to practise in his name as a registered nurse, unless such person is the holder of a practising certificate and is in partnership with him or employed by him; Section 18A(1)(b) enters, for the purpose of or in the course of practising as a registered nurse, into partnership with a person who does not hold a practising certificate, or secures any professional business through the services of such a person or by means not open to a registered nurse; Section 18A(1)(c) pays or allows or agrees to pay, directly or indirectly, to any person (other than a person who holds a practising certificate, is a retired partner or the legal representative of such a partner), any share, commission or brokerage out of the fees for, or profits of his professional services; Section 18A(1)(d) solicits clients or professional work or advertises professional attainments or services by use of means which contravenes the guidelines published by the Council; Section 18A(1)(e) discloses information acquired in the course of professional engagement to any person other than a client, without the consent of the client, or otherwise than req...

Section 18B. Inquiry by the Council Section 18B(1) Where the Council, a member of the Council or any member of the public has reason to believe that a registered, enrolled or licensed nurse has committed an act of professional misconduct, the Council may, on its own or through a committee appointed for that purpose, inquire into the matter. Section 18B(2) The provisions of the Schedule shall have effect with respect to an inquiry by the Council under this section. Section 18B(3)(a) no further action be taken against that nurse; Section 18B(3)(b) the nurse be reprimanded; Section 18B(3)(c) the nurse pays to the Council such fine, not exceeding five hundred thousand shillings, as may be appropriate; Section 18B(3)(d) the nurse undertakes training at his own cost, of such nature and duration and at such institutions as the Council may determine; Section 18B(3)(e) the nurse discharges his professional obligations under any contractual arrangement subject of the alleged misconduct; Section 18B(3)(f) any practising certificate held by the nurse be suspended for such period not exceeding five years as may be appropriate; or Section 18B(3)(g) the nurse be de-registered from the register. S...

Section 19. Offences by person not eligible to be registered, enrolled or licensed Section 19(1) Any person who, not being eligible to be registered, enrolled or licensed under this Act, uses any title appropriate to a person so registered, enrolled or licensed, or holds himself out directly or indirectly as being so registered, enrolled or licensed, or wears any uniform, badge or other distinguishing device prescribed for the use of persons so registered, enrolled or licensed, or any imitation thereof, shall be guilty of an offence and shall be liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years or to both. Section 19(2) Any person who, not being eligible to be registered, enrolled or licensed under this Act, practises for gain as a nurse, except in an area which the Cabinet Secretary has, by notice in the Gazette , determined to be suitable for such practice by persons who are not so registered, enrolled or licensed, or, except in such circumstances as may be specifically laid down in regulations made under this Act, shall be guilty of an offence and shall be liable to a fine not exceeding five hundred thousand shil...

Section 20. Offence by persons eligible to be registered, enrolled or licensed Section 20(1) Any person who, though eligible to be registered, enrolled or licensed under this Act, is not so registered, enrolled or licensed and who practises as a nurse of any of the categories referred to in section 12 , 14 or 16 , shall be guilty of an offence and liable to a fine not exceeding one hundred thousand shillings or imprisonment for a term not exceeding six months. Section 20(2)(a) any category of persons registered or enrolled; Section 20(2)(a)(i) any category of persons registered or enrolled; Section 20(2)(a)(ii) any particular category of person licensed under this Act when he is not the holder of a licence for such category; Section 20(2)(b) registered in any register or enrolled in any roll under this Act in which his name is not registered or enrolled; Section 20(2)(b)(i) registered in any register or enrolled in any roll under this Act in which his name is not registered or enrolled; Section 20(2)(b)(ii) licensed under this Act to do anything which he is not licensed to do; Section 20(2)(c) uses any name, title or description other than that which he is entitled to use under thi...

Section 21. Offences by persons conducting training courses or examinations without authority Section 21(1)(a) admits to the institution under his charge any person for the purpose of training in any of the categories of nursing in respect of which provision is made for registration or enrolment under this Act; Section 21(1)(b) purports to be conducting courses of training or examinations under this Act or regulations made thereunder; Section 21(1)(c) issues any document, statement, badge, seal or uniform implying that the institution under his charge is approved by the Council as an institution for training of persons seeking registration or enrolment under this Act; Section 21(1)(d) issues any document, statement, certificate, badge or seal implying that the holder thereof has undergone a course of instruction or passed an examination prescribed by the Council, Section 21(2) Any person who purports to conduct examinations on behalf of the Council while not being authorized by the Council so to do shall be guilty of an offence and liable to a fine not exceeding one hundred thousand shillings or imprisonment for a term not exceeding six months. [Act No. 27 of 2011 , s. 11.]

Section 22. Employment of unregistered staff and entry of premises Section 22(1) Any person who employs another person as a nurse to work in a health institution shall, if that other person is not registered, enrolled or licensed under this Act, be guilty of an offence and liable to a fine not exceeding five hundred thousand shillings or imprisonment for a term not exceeding two years or to both. Section 22(2) The Council may authorize any person in writing to enter any health institution to check the status of nurses employed therein or the condition of the premises or the standard of nursing care therein. Section 22(3) Any person who knowingly refuses entry to or obstructs an authorized person in any inspection under sub-section (2) shall be guilty of an offence and liable to a fine not exceeding one hundred thousand shillings or imprisonment for a term not exceeding six months. [Act No. 27 of 2011 , s. 12.]

Section 23. Certificates Section A certificate under the seal of the Council stating that a person is or was at any date registered, enrolled or licensed under this Act shall be conclusive evidence of the fact stated in the certificate.

Section 24. Falsification of registers, rolls or records Section Any person who wilfully makes or causes to be made any false entry in, or falsification of, any register, roll or record kept under this Act, or who procures or attempts to procure himself or any other person to be registered, enrolled or licensed under this Act by making or producing or causing to be made or produced any false or fraudulent representation or declaration either orally or in writing, shall be guilty of an offence and liable to a fine not exceeding five hundred thousand shillings or imprisonment for a term not exceeding two years or to both. [Act No. 27 of 2011 , s. 13.]

Section 25.[Repealed by ActNo. 27 of 2011, s. 14.]

Section 26. Regulations Section the form and the method of keeping the registers, rolls and records under this Act;

Section 27. Finance Section make to the Council such grants as may be necessary to enable it to discharge its functions under this Act;

Section 27A. Financial year Section The financial year of the Council shall be the period of twelve months commencing on the first of July and ending on the thirtieth of June of the subsequent year. [Act No. 5 of 2019 , Sch.]

Section 27B. Accounts and Audit Section 27B(1) The Council shall keep proper books and records of account of income, expenditure, assets and liabilities of the Council. Section 27B(2)(a) statement of the income and expenditure of the Council during that year; and Section 27B(2)(b) statement of the assets and liabilities of the Council on the last day of that financial year. Section 27B(3) The annual accounts of the Council shall be prepared, audited and reported upon, in accordance with the provisions of Articles 226 and 229 of the Constitution and the law relating to public audit. [Act No. 5 of 2019 , Sch.]