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Laws of Kenya

Point in Time
2017-05-17

Act No: Act Title: NURSES AND MIDWIVES

CAP. An Act of Parliament to make provision for the training, registration, enrolment and licensing of nurses, to regulate their conduct and
257 to ensure their maximum participation in the health care of the community and for connected purposes
Subsidiary Legislation
[Act No. 3 of 1983, Legal Notice 85 of 1983, Act No. 2 of 2002, Act No. 27 of 2011, Act No. 5 of 2019.]

[
Date of commencement: 10th June, 1983.
]
[
Date of assent: 18th May, 1983.
]

Arrangement of Sections
PART I – PRELIMINARY
Part I – PRELIMINARY
Part II – ADMINISTRATION 1. Short title
Part III – REGISTRATION, This Act may be cited as the Nurses and Midwives Act.
ENROLMENT AND LICENSING
Part IIIA – DISCIPLINARY [Act No. 5 of 2019, Sch.]
PROVISIONS
Part IV – MISCELLANEOUS
2. Interpretation
PROVISIONS
In this Act, unless the context otherwise requires—
SCHEDULE
Subsidiary Legislation "approved institution" means an institution for the training of persons seeking registration or
enrolment under this Act and which has been declared by notice in the Gazette to be so approved by
the Cabinet Secretary on the recommendation of the Council;

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

"Council” means the Nursing Council of Kenya established by section 3;

“enrolled” means entered on a roll;
"enrolled community health nurse" means a person who has undergone training in an approved
nursing programme in an approved institution and has been enrolled and licensed by the Council;

“health institution” means a hospital, nursing home, convalescent home, maternity home, health
centre, dispensary or other institution where health or medical services are rendered, either free or on
the payment of fees;
"licence" means a licence to practise nursing or midwifery granted under section 17;
“local supervising authority” means a local authority or a person appointed by the Cabinet
Secretary on the recommendation of the Council to carry out, within such areas as the Cabinet
Secretary shall specify, the powers and duties which may be prescribed by regulations made under
section 26;

“medical practitioner” means a person registered under the Medical Practitioners and Dentists Act
(Cap. 253) as a medical practitioner;
"member” means a member of the Council;
"midwife" means a person who has successfully completed midwifery education programme based
on the essential competences for basic midwifery practice according to global standards of midwifery
education and is recognized and licensed in the country of origin;

"nurse” means a person who is authorized by licensure to practice as an enrolled or registered

nurse;

“nurse educator community health nursing” means a registered nurse who is also a registered
midwife and registered community health nurse who holds a teaching diploma or degree in community

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health approved by the Council;

“nurse educator general” means a registered nurse who holds a teaching diploma or degree in
general nursing approved by the Council;
“nurse educator midwifery” means a registered nurse who is also a registered midwife and who
holds a teaching degree or diploma in midwifery approved by the Council;

“nurse educator psychiatric nursing” means a registered nurse who is also a registered psychiatric
nurse and who holds a teaching diploma or degree in psychiatric nursing approved by the Council;

"post basic" means acquiring a second qualification after initial entry into the profession through a
basic nursing course;
"private practice" means the engagement as a registered or enrolled nurse or midwife in the
provision of nursing care in the private sector in an independent capacity;

“register” means any of the registers required to be kept under section 12,
12, and “registered” means
entered in any of those registers;
“registered community health nurse” means a person whose name appears in the register kept by
the Registrar under section 12(1)(c);
12(1)(c);
“registered nurse” means a person whose name appears in the register kept by the Registrar under
section 12(1)(a);
12(1)(a);
“registered psychiatric nurse” means a person whose name appears in the register kept by the
Registrar under section 12(1)(d);
12(1)(d);
“Registrar” means the Registrar of the Council appointed under section 11;
11;
“retention fee” means a fee prescribed under section 11(4);
11(4);
“roll” means any of the rolls required to be kept under section 14;
14;

"specialist" means a person registered under this Act as a nurse practitioner, an advanced practice
nurse, nurse or registered midwife who has acquired the expert knowledge base, complex decision-
making skills and clinical competencies for expanded practice and who has a master's degree or
above from a recognized university in any of the following disciplines—
(a) midwifery;
(b) medical surgical nursing;
(c) paediatrics nursing;
(d) oncology and palliative care nursing;
(e) forensic nursing;
(f) community health nursing;
(g) nursing education;
(h) nursing management and leadership;
(i) mental health nursing;
(j) nursing informatics;
(k) critical care nursing;
(l) gerontology nursing;
(m) nephrology nursing; and
(n) such other specialization that the Council may from time to time deem necessary; and
"year" means financial year.

[Act No. 5 of 2019,

2019, Sch.]

PART II – ADMINISTRATION

3. Establishment of the Council

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.

4. Membership of the Council

(1) The Council shall consist of the following persons appointed by the Cabinet Secretary—

(a) a chairperson who shall—

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(i) be a holder of a diploma or Bachelor's degree in nursing from a university or
college recognized in Kenya; and
(ii) have at least ten years' experience in leadership and management;

(b) the Director of Nursing Services or a representative appointed in writing by the Director of
Nursing Services;
(c) one person nominated by the National Nurses Association of Kenya;

(d) one person nominated by other professional associations of Kenya representing nurses
and midwives;

(e) one representative of midwives involved in clinical practice;

(f) one representative of accredited mid-level institutions involved in the training of nurses and
midwives in Kenya;

(g) one representative of accredited universities involved in training of nurses and midwives in
Kenya;

(h) one person nominated by the Cabinet Secretary to represent the public;

(i) the Chief Executive Officer who shall be the Registrar and shall be appointed in
accordance to section 11 of this Act and shall be an ex officio member of the Council; and

(j) the Director General of Health or a representative appointed in writing by the Director
General of Health.

(2) Appointments under subsection (1)(h) shall take into consideration gender and regional balance
and the mix of skills and competencies required for the achievement of the organization's long-term
goals, and shall be published in the Kenya Gazette.

(3) A member appointed under paragraph (1)(b) shall be an ex officio member of the Council.

(4) A member of the Council including the chairperson shall be a Kenyan citizen of good professional
standing and meet the requirements of Chapter Six of the Constitution.

(5) A member of the Council appointed under this Act shall be a holder of a relevant diploma or degree
obtained from a university or institution recognized by the Council.

(6) A member of the Council except the ex officio members shall hold office for a term of three years
and may be eligible for reappointment for one further term.

(7) There shall be a Corporation Secretary who shall be appointed by the Council through a
competitive process.

(8) Pursuant to nominations in paragraphs (c), (d), (e), (f) and (g) of subsection (1), each organization
shall present two nominees one of whom shall be appointed by the Cabinet Secretary taking into
account ethnic diversity, gender disability, skills mix and regional balance.

[Act No. 2 of 2002, Sch., Act No. 27 of 2011, s. 2, Act No. 5 of 2019, Sch.]

4A. Corporation Secretary

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.]

5. Disqualification from office and filling of vacancies

(1) No person shall be qualified for appointment or election as a member of Council if—

(a) he is an undischarged bankrupt;

(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

(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.

(2) A member of the Council shall vacate his office if he—

(a) becomes subject to any of the disqualifications referred to in subsection (1); or

(b) has been absent from more than two consecutive ordinary meetings of the Council without
its leave; or

(c) gives notice in writing to the Council of his desire to resign from office and his resignation
is accepted.

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(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 the
residue of the term for which his predecessor was appointed or elected.

[Act No. 5 of 2019,

2019, Sch.]

6. Deleted by Act No. 5 of 2019,

2019, Sch.
7. Meetings of Council

(1) The Council shall be convened by the chairperson at least four times in each year.

(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.

(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,

2011, s. 3, Act No. 5 of 2019,
2019, Sch.]

8. Quorum

(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.
(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,

2002, Sch., Act No. 27 of 2011,
2011, s. 4, Act No. 5 of 2019,
2019, Sch.]

9. Functions of Council and annual report

(1) The functions of the Council shall be—

(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;

(b) to estahlish and improve the standards of professional nursing and of health care within
the community;

(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;

(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;

(e) to recommend to the Cabinet Secretary institutions to be approved institutions for training
of persons seeking registration or enrolment under this Act;

(f) with the approval of the Cabinet Secretary, to prescribe and conduct examinations for
persons seeking registration or enrolment under this Act;

(g) to prescribe badges, insignia or uniforms to be worn by persons registered, enrolled or

licensed under this Act;

(h) to have regard to the conduct of persons registered, enrolled or licensed under this Act,
and to take such disciplinary measures as may be necessary to maintain a proper
standard of conduct among such persons;

(i) to have regard to the standards of nursing care, qualified staff, facilities, conditions and
environment of health institutions, and to take such disciplinary or appropriate measures as
may be necessary to maintain a proper standard of nursing care in health institutions;

(j) to direct and supervise the compilation and maintenance of registers, rolls and records
required to be kept under sections 12
12,, 14 and 16
16;;

(k) to advise the Cabinet Secretary on any matter falling within the scope of this Act.

(2) The Council shall, before the end of the month of February in each year, cause a report on the
work carried out by the Council during the previous year, together with a statement of the accounts
for that year, to be supplied to the Cabinet Secretary, and shall cause such further information as
may be required by the Cabinet Secretary from time to time to be supplied to him.

[Act No. 27 of 2011,

2011, s. 5., Act No. 5 of 2019,
2019, Sch.]

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10. Appointment and powers of committees of Council

(1) The Council may, for the effective discharge of its functions under this Act, establish the following
committees—

(a) registration, education and examination;

(b) discipline, standards and ethics;

(c) finance, strategy and development; and

(d) risk and audit.

(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.

(3) Any committee appointed by the Council under sub-section (1) or (2) shall consist of such persons
as the Council deems necessary.

(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.

(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.

(6) A committee appointed under this section shall elect its own chairperson and may also elect a
vice-chairperson.

(7) Deleted by Act No. 5 of 2019,

2019, Sch.
Sch.

(8) Any committee other than a standing committee may be dissolved after notice of a motion to that
effect by the vote of the majority of the Council.

[Act No. 2 of 2002,

2002, Sch., Act No. 27 of 2011,
2011, s. 6, Act No. 5 of 2019,
2019, Sch.]

PART III – REGISTRATION, ENROLMENT AND LICENSING

11. Appointment of Registrar and other officers

(1) The Council shall, with the approval of the Cabinet Secretary, competitively appoint a Registrar
who shall—

(a) be a registered nurse or midwife;

(b) be the Chief Executive Officer to the Council;

(c) perform such duties as may be prescribed by this Act or directed by the Council; and

(d) be an ex officio member of the Council.

(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.

(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.

(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.

(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 Commission, determine.

(6) The Chief Executive Officer shall serve for a term of four years and shall be eligible for
reappointment for one further term of four years, subject to satisfactory performance.

[Act No. 5 of 2019,

2019, Sch.]

12. Registers to be kept

(1) The Registrar shall compile and keep a register of nurses and midwives in the prescribed form.

(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.

(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

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with his or her professional qualifications and such other particulars as may be prescribed by the
Council.

(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,

2019, Sch.]

13. Persons entitled to be registered

Except as otherwise provided in this Act or in any regulations made thereunder, every person shall be
entitled to registration on the appropriate register who satisfies the Council that he is of good character
and has paid the prescribed registration fee, and who—

(a) has undergone a prescribed course of instruction and has passed the appropriate
examination conducted or prescribed by the Council; or

(b) has undergone a course of training and passed an examination, elsewhere than in Kenya,
which the Council recognizes as equivalent to the training and instruction required in the case
of persons trained in Kenya and as equivalent to the qualification by examination required
under this Act.

14. Rolls to be kept

(1) The Registrar shall, under the direction of the Council, compile and keep in his office the following
rolls—

(a) a roll of nurses;

(b) a roll of midwives;

(c) a roll of community health nurses;

(d) a roll of psychiatric nurses,

and such other rolls as may from time to time be required by the Council with the approval of the
Cabinet Secretary.

(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,

2019, Sch.]

15. Persons entitled to be enrolled

Except as otherwise provided in this Act or in any regulations made thereunder, every person shall be
entitled to enrolment in the appropriate roll who satisfies the Council that he is of good character and
has paid the prescribed enrolment fee and who—

(a) has undergone a prescribed course of instruction and has passed the appropriate
examination conducted or prescribed by the Council; or

(b) has undergone a course of training and passed an examination, elsewhere than in Kenya,
which the Council recognizes as equivalent to the qualification by examination required under
this Act.

16. Records of licences to be kept

(1) The Registrar shall, under the direction of the Council, compile and keep in his office the following
separate records of licences to practise nursing in Kenya—

(a) a record of nurses licensed to practise general nursing;

(b) a record of nurses licensed to practise midwifery;

(c) a record of nurses licensed to practise community health nursing;

(d) a record of nurses licensed to practise psychiatric nursing;

(e) a record of nurses licensed to practise sick children’s nursing,

and all such other records as may from time to time be required by the Council with the approval
of the Cabinet Secretary.

(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.
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[Act No. 5 of 2019, Sch.]

17. Private practice

(1) A person may engage in private practice as a nurse or a midwife if that person—

(a) is a citizen of Kenya or a foreign national;

(b) is registered and licensed to practice in Kenya;

(c) is a holder of a valid practising license issued under this Act;

(d) is of professional good standing, as may be prescribed by the Council;

(e) has paid the fee as prescribed by the Council;

(f) meets such other requirements as may be prescribed by the Council; and

(g) is a holder of such other nursing or midwifery qualification as may be prescribed.

(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.

(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.

(4) If a license is due for renewal and the licensee has not made an application within the thirty days
from the date of expiry, the licensee shall not engage in private practice until a renewal license is
issued.
(5) An application to engage in private practice or for renewal shall be made to the Council in the
prescribed form, accompanied with the prescribed fee.

(6) A person who has made an application to engage in private practice shall be issued with such
license by the Council upon satisfying such requirements for issuance with a licence under this
Act.
(7) A practising certificate shall be valid from the date on which it is issued and shall expire on the
thirtieth day of December of every year unless its holder ceases to be a registered person under
this Act.

(8) A person who contravenes the provisions of this section commits an offence and is liable upon
conviction, to a fine not exceeding one million shillings or to imprisonment for a term not
exceeding one year, or to both.

[Act No. 27 of 2011, s. 7, Act No. 5 of 2019, Sch.]

18. Use of titles

(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.

(2) Any person licensed under this Act may take and use the title appropriate to the terms of the
licence granted to him.

PART IIIA – DISCIPLINARY PROVISIONS

18A. Professional misconduct

(1) A registered nurse shall be culpable of professional misconduct if such nurse —

(a) allows any person to practise in his name as a registered nurse, unless such person is
the holder or a practising certificate and is in partnership with him or employed by him;

(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;

(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;

(d) solicits clients or professional work or advertises professional attainments or services by

use of means which contravenes the guidelines published by the Council;

(e) discloses information acquired in the course of professional engagement to any person

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other than a client, without the consent of the client, or otherwise than required by law;

(f) fails to observe and apply professional, technical, ethical or other standards prescribed
by the Council as guidelines for practice by registered nurses;

(g) is guilty of gross negligence in the conduct of his professional duties;

(h) expresses an opinion on any matter with which he is concerned in a professional

capacity without obtaining sufficient information on which to base the opinion;

(i) fails to keep the funds of a client in a separate banking account or to use any such funds
for purposes for which they are intended;

(j) includes in any statement, return or form to be submitted to the Council any particular
knowing it to be false;

(k) is convicted of a crime under the Anti-Corruption and Economic Crimes Act (No. 3 of
2003);
(l) fails to declare a conflict of interest in relation to any particular matter or acts in a matter
notwithstanding the presence of an undisclosed conflict of interest; or

(m) fails to do any other act which may be prescribed.

(2) For avoidance of doubt, this section applies in equal respects to all categories of nurses whether
registered, enrolled or licensed as such under this Act.

[Act No. 27 of 2011, s. 8.]

18B. Inquiry by the Council

(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.

(2) The provisions of the Schedule shall have effect with respect to an inquiry by the Council under
this section.

(3) On the completion of an inquiry under this section into the alleged professional misconduct of a
registered, enrolled or licensed nurse, the Council may decide that—

(a) no further action be taken against that nurse;

(b) the nurse be reprimanded;

(c) the nurse pays to the Council such fine, not exceeding five hundred thousand shillings,
as may be appropriate;

(d) the nurse undertakes training at his own cost, of such nature and duration and at such
institutions as the Council may determine;

(e) the nurse discharges his professional obligations under any contractual arrangement
subject of the alleged misconduct;

(f) any practising certificate held by the nurse be suspended for such period not exceeding
five years as may be appropriate; or
(g) the nurse be de-registered from the register.

(4) The Council shall as soon as practically possible, inform the registered, enrolled or licensed
nurse of the action taken against him under this section.
(5) Any person aggrieved by any decision of the Council on inquiry may, within twenty-eight days
from the date of the decision, appeal to the High Court, and in any such appeal the High Court
may annul or vary the decision as it thinks fit.

(6) Any person whose name has been removed from a register, roll or record or whose registration,
enrolment or licence has been suspended shall forthwith surrender to the Registrar his
certificates and badges, and any person who contravenes this subsection commits an offence
and is liable to a fine not exceeding fifty thousand shillings.

[Act No. 27 of 2011, s. 8.]

PART IV – MISCELLANEOUS PROVISIONS

19. Offences by person not eligible to be registered, enrolled or licensed

(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

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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.

(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 shillings or imprisonment for a term not exceeding two years or to both:
Provided that nothing in this section shall prohibit persons employed in the service of the
Government or by an approved institution from performing their duties under the supervision of a
medical practitioner or of a person registered, enrolled or licensed under this Act.

[Act No. 27 of 2011, s. 9, Act No. 5 of 2019, Sch.]

20. Offences by persons eligible to be registered, enrolled or licensed

(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.

(2) Any person who, being registered, enrolled or licensed under this Act—

(a) wears any uniform, badge or other distinguishing device, or any imitation thereof,
prescribed for—
(i) any category of persons registered or enrolled;
(ii) any particular category of person licensed under this Act when he is not the
holder of a licence for such category;

(b) holds himself out, directly or indirectly, as being—

(i) registered in any register or enrolled in any roll under this Act in which his name
is not registered or enrolled;
(ii) licensed under this Act to do anything which he is not licensed to do;

(c) uses any name, title or description other than that which he is entitled to use under this
Act, 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. 10.]

21. Offences by persons conducting training courses or examinations without authority

(1) Any person, being in charge of any health or other institution which is not approved by the Council
as an institution for the training of persons seeking registration or enrolment under this Act, who—

(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;

(b) purports to be conducting courses of training or examinations under this Act or

regulations made thereunder;

(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;

(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, 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.

(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.]

22. Employment of unregistered staff and entry of premises

(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.

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(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.
(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.]

23. Certificates
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.

24. Falsification of registers, rolls or records

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.]

25. Repealed by Act No. 27 of 2011, s. 14.

26. Regulations
The Council, with the approval of the Cabinet Secretary, may make regulations generally for better
carrying out of the provisions of this Act and, without prejudice to the foregoing generality, may make
regulations to provide for—

(a) the form and the method of keeping the registers, rolls and records under this Act;

(b) the conditions of admission to the registers and rolls and of the issue of licences;

(c) the manner in which the various categories of persons for whom provision is made in this Act
for registration or enrolment may be established and their training regulated;

(d) the conditions under which training schools for persons desirous of obtaining registration or
enrolment under this Act may be approved and the courses of training and instruction to be
undergone by persons seeking such registration or enrolment;

(e) the subject matter of training courses and examinations to be conducted by the Council;

(f) the conditions of admission for entry to training courses and examinations to be conducted by
the Council;

(g) the uniforms, badges and other distinguishing devices which may be worn by persons
registered, enrolled and licensed under this Act;

(h) the standards and conditions of professional practice of persons registered, enrolled or
licensed under this Act;

(i) the fees payable in respect of examinations, registration, enrolment, issue of licences, issue of
certificates and badges and in respect of any other matters under this Act;

(j) the procedure for election of those members of the Council who are required to be elected;

(k) the summoning of meetings of and the direction of the proceedings of the Council;

(l) the powers and duties of local supervising authorities, different powers and duties for which
may be prescribed for different local supervising authorities;

(m) the disposal of fees collected, the authorization of such disbursements as may be necessary
and the management of any funds within the control of the Council;

(n) the keeping and opening of new registers, rolls and records and the closing of existing
registers, rolls and records or parts thereof.

[Act No. 5 of 2019, Sch.]

27. Finance
The Cabinet Secretary may, with the consent of the Treasury, out of moneys provided by Parliament—

(a) make to the Council such grants as may be necessary to enable it to discharge its functions
under this Act;

(b) make such other payments as may be necessary to give effect to the provisions of this Act;
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(c) pay remuneration, travelling and any other allowances to members of the Board (other than
members who are public officers in receipt of a salary).

[Act No. 5 of 2019, Sch.]

27A. Financial year

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.]

27B. Accounts and Audit

(1) The Council shall keep proper books and records of account of income, expenditure, assets and
liabilities of the Council.

(2) Within a period of three months after the end of each financial year, the Council shall submit to
the Auditor-General accounts of the Council in respect of that year together with a—

(a) statement of the income and expenditure of the Council during that year; and

(b) statement of the assets and liabilities of the Council on the last day of that financial year.

(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.]

28. Repeal and savings

(1) The Nurses, Midwives and Health Visitors Act (Cap. 257), in this section referred to as the
repealed Act, is repealed.

(2) Any person whose name was registered as a nurse, midwife or health visitor under the provisions
of the repealed Act, immediately before the coming into operation of this Act, and whose name
was not then the subject of an order to be struck off or removed from the register under the
repealed Act, shall be entitled to be registered, on payment of the prescribed fee, as a nurse,
midwife, psychiatric nurse, community health nurse, or sick children’s nurse, as the case may be,
under this Act.

(3) Where any person is registered under this Act in consequence of the provisions of subsection (2),
this Act shall apply to him as though he had been first registered under it.

SCHEDULE

[Section 18B, Act No. 27 of 2011, s. 15.]

INQUIRY BY THE COUNCIL

1. Statement of allegation

(1) The Council, member of the Council or member of the public shall prepare, or cause to be
prepared, a statement, in such form as may be prescribed, setting out the allegation of professional
misconduct to be investigated by the Council.

(2) The Registrar shall transmit to each member of the Council or its committee, and to the person
whose conduct is the subject of investigation, a copy of the statement prepared pursuant to
subparagraph (1) of this paragraph.

2. Notice of meeting

(1) The Registrar shall give notice of the first date, time and place fixed for the inquiry to the person
whose conduct is the subject of investigation.

(2) Every such notice shall, at least fourteen days, before the first date fixed for the inquiry, be
delivered to the person whose conduct is the subject of investigation by hand or be sent to him
through the post by registered letter addressed to his address last known to the Council.

(3) Where a person whose conduct is the subject of investigation fails to appear either personally or by
his advocate at the time and place fixed in the notice served on him, the inquiry may proceed in his
absence.
(4) Notice of the adjournment of an inquiry shall be given to the person whose conduct is the subject of
investigation in such manner as the Council determines.

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3. Right to representation
A person whose conduct is the subject of investigation may appear at the inquiry either personally or by
his advocate.

4. Power of Council

(1) For the purpose of the conduct of the inquiry, the Council shall have power to—

(a) administer oaths;

(b) summon persons to attend and give evidence;

(c) order the production of relevant documents, including court judgements; and

(d) recover in whole or in part the costs of the inquiry not exceeding one hundred thousand
shillings from any or all the parties involved in the proceedings.

(2) An oath may be administered by any member of the Council or by the Registrar.

(3) Notices, orders and summonses of the Council shall be issued under the hand of the Registrar.

5. Procedure at inquiry

(1) Subject to this Act, during an inquiry—

(a) the procedure to be followed shall be within the discretion of the Council; and

(b) the Council shall not be bound by the rules of evidence.

(2) Unless the Council otherwise determines, the proceedings on the inquiry shall be held in camera.

(3) The Registrar shall keep or cause to be kept, a record of the proceedings on the inquiry.

(4) The Registrar may attend meetings of the Council and may with the consent of the person
presiding at a meeting take part in the deliberations on any matter arising at the meeting but he
shall not be entitled to vote on any such matter.

6. Decision by majority

(1) The decision of the Council on an inquiry shall be that of the majority of the members present and
voting for the purpose of making a decision.

(2) For the purposes of making a decision on an inquiry, every member of the Council shall have one
vote, and, in the event of an equality of votes, the chairperson shall have a casting vote.

7. Transition
The Council existing at the commencement of this Act shall stand dissolved upon the expiration of six
months after the commencement of this Act and a new Council shall be constituted in accordance with
the provisions of this Act.

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