Kenya Act or statute

Parliament of Kenya

Nurses and Midwives Act

Jurisdiction: Kenya
Structure: 32 provisions
Citation: Cap. 257
Dates: As at 31 Dec 2022

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Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

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“This Act may be cited as the Nurses and Midwives Act.”

This Act may be cited as the Nurses and Midwives Act. Section heading: "Interpretation"; contains the term "midwifery". Section 10 authorizes the Council to appoint committees, set quorums, delegate powers, and provides rules on committee composition, leadership elections, and dissolution. Creates the Nursing Council of Kenya as a corporate body with perpetual succession and a common seal and grants it powers to sue and be sued, to purchase, hold, manage and dispose of land and other property, and to enter into contracts it considers necessary or expedient. The Council must appoint a Corporation Secretary.

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PRELIMINARY - 1. Short title

This Act may be cited as the Nurses and Midwives Act.

Section 1

ADMINISTRATION - 7. Meetings of Council

The Chairperson must convene the Council at least four times a year; may call special meetings at any time and must call a special meeting within fifteen days of a written requisition by at least five members; Council meetings must be p…

Section 7

REGISTRATION, ENROLMENT AND LICENSING - 16. Records of licences to be kept

Records must exist for nurses licensed in the listed specialties; the name, address, professional qualifications and other particulars (as may be prescribed by the Council) shall be entered on the appropriate record.

Section 16

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

Persons who purport to conduct Council examinations without authorization commit an offence liable to a fine up to 100,000 shillings or imprisonment up to six months.

Section 21

MISCELLANEOUS PROVISIONS - 27B. Accounts and Audit

The Council must keep proper accounting records and must have its annual accounts prepared, audited and reported in accordance with Articles 226 and 229 of the Constitution and public audit law.

Section 27B

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Showing 32 of 32 provisions

Provision 20Offence 8Short titleInterpretation

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the 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 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

Section heading: "Interpretation"; contains the term "midwifery".

Section 2. Interpretation Section midwifery;

Section 2Verify source

Part II

ADMINISTRATION

§ 10ADMINISTRATION - 10. Appointment and powers of committees of CouncilProvision

Section 10 authorizes the Council to appoint committees, set quorums, delegate powers, and provides rules on committee composition, leadership elections, and dissolution.

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 be dissolved after notice of a motion to that effect by the vote of the majority of the Council. [Act No. 2 of 2002 , Sch., Act No. 27 of 2011 , s. 6, Act No. 5 of 2019 , Sch.]

Section 10Verify source

§ 3ADMINISTRATION - 3. Establishment of the CouncilProvision

Creates the Nursing Council of Kenya as a corporate body with perpetual succession and a common seal and grants it powers to sue and be sued, to purchase, hold, manage and dispose of land and other property, and to enter into contracts it considers necessary or expedient.

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 3Verify source

§ 4ADMINISTRATION - 4. Membership of the CouncilProvision

Specifies the membership composition of the Council (including ex officio members and nominees from specified organisations) and requires appointments to consider gender and regional balance.

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 appointed in accordance to section 11 of this Act and shall be an ex officio member of the Council; and Section 4(1)(j) the Director-General of Health or a representative appointed in writing by the Director-General of Health. Section 4(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 . Section 4(3) A member appointed under paragraph (1)(b) shall be an ex officio member of the Council. Section 4(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. Section 4(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. Section 4(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. Section 4(7) There shall be a Corporation Secretary who shall be appointed by the Council through a competitive process. Section 4(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.]

Section 4Verify source

§ 4AADMINISTRATION - 4A. Corporation SecretaryProvision

The Council must appoint a Corporation Secretary.

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 4AVerify source

§ 5ADMINISTRATION - 5. Disqualification from office and filling of vacanciesOffence

Lists circumstances that disqualify a person from office and describes how vacancies are filled, including that a person appointed to fill a vacancy holds office for the remainder of the predecessor's term.

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 the residue of the term for which his predecessor was appointed or elected. [Act No. 5 of 2019 , Sch.]

Section 5Verify source

§ 6ADMINISTRATION - 6.[Deleted by ActNo. 5 of 2019, Sch.]Provision

Section 6 was deleted by ActNo. 5 of 2019, Sch.

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

Section 6Verify source

§ 7ADMINISTRATION - 7. Meetings of CouncilProvision

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 7Verify source

§ 8ADMINISTRATION - 8. QuorumProvision

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 8Verify source

§ 9ADMINISTRATION - 9. Functions of Council and annual reportProvision

The Council must, before the end of February each year, supply to the Cabinet Secretary an annual report on its work for the previous year and the statement of accounts, and must supply further information when required by the Cabinet Secretary.

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 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; Section 9(1)(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 proper standard of nursing care in health institutions; Section 9(1)(j) to direct and supervise the compilation and maintenance of registers, rolls and records required to be kept under sections 12 , 14 and 16 ; Section 9(1)(k) to advise the Cabinet Secretary on any matter falling within the scope of this Act. Section 9(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 , s. 5., Act No. 5 of 2019 , Sch.]

Section 9Verify source

Part III

REGISTRATION, ENROLMENT AND LICENSING

§ 11REGISTRATION, ENROLMENT AND LICENSING - 11. Appointment of Registrar and other officersProvision

Section 11 sets out appointment, duties and terms for the Registrar and other officers: the Registrar must meet specified qualifications and keep registers up to date; the Council may appoint other officers who must perform duties directed by the Council; a retention fee shall be prescribed for persons on registers; officers shall be paid remuneration as determined by the Council on SRC advice; and the Chief Executive Officer serves four years with eligibility for one further four-year term subject to satisfactory performance.

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 Commission, determine. Section 11(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 , Sch.]

Section 11Verify source

§ 12REGISTRATION, ENROLMENT AND LICENSING - 12. Registers to be keptSubstitution

The Registrar must compile and keep a prescribed register of nurses and midwives; eligible persons may apply for registration; registered persons who obtain a higher qualification are entitled to have it entered in the register upon paying the prescribed fee.

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 12Verify source

§ 13REGISTRATION, ENROLMENT AND LICENSING - 13. Persons entitled to be registeredProvision

Persons who have undergone a prescribed course of instruction and passed the appropriate examination conducted or prescribed by the Council are entitled to be registered.

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 13Verify source

§ 14REGISTRATION, ENROLMENT AND LICENSING - 14. Rolls to be keptProvision

There are specific named rolls (nurses; midwives; community health nurses; psychiatric nurses) and, subject to payment of a retention fee, the name, address, professional qualifications and other prescribed particulars of every person entitled to be enrolled are to be entered and maintained on the appropriate roll.

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 14Verify source

§ 15REGISTRATION, ENROLMENT AND LICENSING - 15. Persons entitled to be enrolledProvision

Persons who have undergone a prescribed course of instruction and passed the appropriate examination conducted or prescribed by the Council are entitled to be enrolled.

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 15Verify source

§ 16REGISTRATION, ENROLMENT AND LICENSING - 16. Records of licences to be keptProvision

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 16Verify source

§ 17REGISTRATION, ENROLMENT AND LICENSING - 17. Private practiceOffence

Sets qualifications, licensing and renewal rules for persons engaging in private practice in nursing and midwifery, including experience requirements (3 or 5 years), renewal application timing (within 30 days), issuance by the Council, annual expiry of practising certificates on 30 December, and criminal penalties including a fine up to one million shillings or imprisonment up to one year for contraventions.

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 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. Section 17(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. Section 17(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. Section 17(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. Section 17(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.]

Section 17Verify source

§ 18REGISTRATION, ENROLMENT AND LICENSING - 18. Use of titlesProvision

Registered, enrolled, or licensed persons may take and use the title appropriate to their registration, roll, or licence.

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 18Verify source

Part IIIA

DISCIPLINARY PROVISIONS

§ 18ADISCIPLINARY PROVISIONS - 18A. Professional misconductProvision

Section 18A lists specific acts that constitute professional misconduct for nurses and applies equally to all categories of nurses.

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 required by law; Section 18A(1)(f) fails to observe and apply professional, technical, ethical or other standards prescribed by the Council as guidelines for practice by registered nurses; Section 18A(1)(g) is guilty of gross negligence in the conduct of his professional duties; Section 18A(1)(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; Section 18A(1)(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; Section 18A(1)(j) includes in any statement, return or form to be submitted to the Council any particular knowing it to be false; Section 18A(1)(k) is convicted of a crime under the Anti-Corruption and Economic Crimes Act (Cap. 65); Section 18A(1)(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 Section 18A(1)(m) fails to do any other act which may be prescribed. Section 18A(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.]

Section 18AVerify source

§ 18BDISCIPLINARY PROVISIONS - 18B. Inquiry by the CouncilOffence

The Council may inquire into alleged professional misconduct by a registered, enrolled or licensed nurse and may impose measures including reprimand, fine (up to 500,000 shillings), training at the nurse's cost, requiring fulfilment of contractual obligations, suspension of a practising certificate (up to five years), or de-registration; the Council must inform the nurse of action taken, aggrieved persons may appeal to the High Court within 28 days, and persons who fail to surrender certificates after removal or suspension commit an offence punishable by a fine not exceeding 50,000 shillings.

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. Section 18B(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. Section 18B(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. Section 18B(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.]

Section 18BVerify source

Part IV

MISCELLANEOUS PROVISIONS

§ 19MISCELLANEOUS PROVISIONS - 19. Offences by person not eligible to be registered, enrolled or licensedOffence

It is an offence for a person not eligible for registration, enrolment or licensing under the Act to use protected titles, represent themselves as registered/enrolled/licensed, wear prescribed uniforms or to practise for gain as a nurse, with specified exceptions and penalties.

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 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.]

Section 19Verify source

§ 20MISCELLANEOUS PROVISIONS - 20. Offence by persons eligible to be registered, enrolled or licensedOffence

If a person is eligible for registration, enrolment or a licence under this Act but is not registered, enrolled or licensed and nonetheless practises as a nurse in the categories in sections 12, 14 or 16, they are guilty of an offence and may be fined up to one hundred thousand shillings or imprisoned for up to six months.

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 this Act,

Section 20Verify source

§ 21MISCELLANEOUS PROVISIONS - 21. Offences by persons conducting training courses or examinations without authorityOffence

Persons who purport to conduct Council examinations without authorization commit an offence liable to a fine up to 100,000 shillings or imprisonment up to six months.

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 21Verify source

§ 22MISCELLANEOUS PROVISIONS - 22. Employment of unregistered staff and entry of premisesOffence

Employing a nurse who is not registered, enrolled or licensed is an offence punishable by a fine up to 500,000 shillings or up to two years' imprisonment; the Council may authorize written inspections of health institutions; refusing or obstructing such inspections is an offence punishable by a fine up to 100,000 shillings or up to six months' imprisonment.

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.]

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§ 23MISCELLANEOUS PROVISIONS - 23. CertificatesProvision

A certificate under the seal of the Council stating that a person is or was registered, enrolled or licensed under this Act is conclusive evidence of the fact stated.

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.

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§ 24MISCELLANEOUS PROVISIONS - 24. Falsification of registers, rolls or recordsOffence

Anyone who wilfully falsifies registers, rolls or records kept under the Act, or procures registration by false or fraudulent representations, is guilty of an offence and liable to a fine not exceeding five hundred thousand shillings or imprisonment for up to two years or both.

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.]

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§ 25MISCELLANEOUS PROVISIONS - 25.[Repealed by ActNo. 27 of 2011, s. 14.]Repeal

Section 25 has been repealed.

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

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§ 26MISCELLANEOUS PROVISIONS - 26. RegulationsProvision

Regulations concerning the form and the method of keeping the registers, rolls and records under this Act.

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

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§ 27MISCELLANEOUS PROVISIONS - 27. FinanceProvision

Section may make grants to the Council as necessary to enable it to discharge its functions 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;

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§ 27AMISCELLANEOUS PROVISIONS - 27A. Financial yearProvision

The Council's financial year is a 12-month period starting on 1 July and ending on 30 June of the following year.

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 27AVerify source

§ 27BMISCELLANEOUS PROVISIONS - 27B. Accounts and AuditProvision

The Council must keep proper accounting records and must have its annual accounts prepared, audited and reported in accordance with Articles 226 and 229 of the Constitution and public audit law.

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.]

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Legislative relationships

2 referenced instruments

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Chapter Six of the Constitution. Section 4(5) A member of the Council appointed under this Act
Section 4
December of every year unless its holder ceases to be a registered person under this Act
Section 17

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