National Assembly Passes Breastfeeding Mothers Bill, Sets Up to KSh1 Million Fine for Non-Compliant Employers

On October 14, the National Assembly voted unanimously to adopt the Breastfeeding Mothers Bill, 2024, a law aimed at strengthening workplace support for nursing mothers across Kenya.

The legislation, tabled by nominated MP Sabina Wanjiru wa Chege, requires every employer to provide a dedicated lactation space that must be private, hygienic, secured with a lock, and equipped with a washbasin, refrigeration for expressed milk, chairs and tables; ordinary toilets do not satisfy this requirement.

Failure to meet the standards can result in a penalty of up to KSh1 million, a prison term of up to one year, or both, and a continuing breach may incur an additional fine of KSh10,000 for each day it persists.

The Bill also introduces mandatory breastfeeding breaks, with the Cabinet Secretary for Labour expected to define the exact duration of those breaks through forthcoming regulations.

It grants mothers the ability to request flexible work arrangements, including changes to hours, duties or work locations, and obliges employers to issue a written response within 14 days of such a request.

Public-space provisions declare that breastfeeding will not be deemed indecent and attach the same maximum penalties for offences lacking a specific sanction; the law further calls for the installation of baby-changing facilities in public venues.

After consultations with employers, breastfeeding advocates and government officials, the Departmental Committee on Social Protection recommended the Bill’s passage with amendments, and the Cabinet Secretary for Labour will lead a campaign to raise awareness of the new rights and employer obligations.