Primary Health Care Act

N A T I O N A L C O U N C I L F O R
L A W R E P O R T I N G
L I B R A R Y
SP E C I A L I SSU E
Kenya Gazette Supplement No. 190 (Acts No. 13)
R E PU B L I C O F K E N Y A
K E N YA G A Z E T TE S U P P L E M E N T
A CTS, 2023
NA I ROBI , 19th October , 2023
C O N T E N T
A c t —
Pa g e
The Primary Health Care A ct , 2023 3 7 9
NATIONAL COUNCIL FOR
LAW REPORT' NG
0 9 NOV 2023
L I B R A R Y A R C H I V E
PRINT ED A ND PUBL ISHED BY T HE GOV ERNM ENT PRINT ER, NA IRO BI

3 3 7 9
NATIONAL COUNCIL FOR
LAW REPORT' NG
0 9 NOV 2023
L I B R A R Y A R C H I V E
PRINT ED A ND PUBL ISHED BY T HE GOV ERNM ENT PRINT ER, NA IRO BI

3 7 9
T H E PRI M A RY H EA L T H CA RE A CT
N o . 13 o f 2 0 2 3
Date of Assent: 19th October , 2023
Date of Commencement: 2nd November , 2023
A R R A N G E M E N T O F SE C T I O N S
Sec ti o n
PA R T I - PR E L I M I N A R Y
1 — Sh o r t ti tl e .
2—Interpretation.
3—Obj ects.
PA R T H - PRI M A RY HEA L TH CA RE SERVI CES
4 —Primary health care services.
5—Community health care services.
6—Facility health care services.
7—Delivery of primary health care services.
PA RT I I I - PRI M A RY H EAL T H CA RE
W O R K F O R C E
8—Pri mary health care workforce.
9—Recruitment of community health promoters.
10—Public participation in the selection of community
health promoters.
11—Functions of community health promoters.
12—Register of community health promoters.
13—Retention of community health promoters.
PA RT I V - ROL E OF T H E NA T I ONA L
GOV ERNM ENT I N PRI M A RY H EA L T H CA RE
P O L I C Y
14—Role of the Ministry responsible for health.
15—Financing of primary health care functions.
PA R T V - M A N A G E M E N T O F PR I M A R Y
H E A L T H C A R E SE R V I C E S

ponsible for health.
15—Financing of primary health care functions.
PA R T V - M A N A G E M E N T O F PR I M A R Y
H E A L T H C A R E SE R V I C E S

3 80
Pr imary Health Care 2 0 2 3N o . 13
16—Role of county governments.
17—County primary health care advisory committee.
18—Primary health care networks.
19—Primary health care network commi ttee.
20 —Community health units.
21—Community health commi ttee.
P A R T V I - M I SC E L L A N E O U S P R O V I SI O N S
22—Transitional provi sions.
23—Offences and penalties.
23—A dherence to data protection.
25—Regulations.

M I SC E L L A N E O U S P R O V I SI O N S
22—Transitional provi sions.
23—Offences and penalties.
23—A dherence to data protection.
25—Regulations.

3 8 1
2 0 2 3 Pr imary H ealth Care
T H E PR I M A R Y H E A L T H C A R E A C T
AN ACT of Par liament to pr ovide a fr amewor k for the
delivery of , accesis to and management of pr imary
health car e; and for connected pur poses. ENACTED by the Parliament of Kenya, as follows—
P A R T I - P R E L I M I N A R Y
N o . 13
Shdft T itle. 1. This Act may be cited as the Primary Health Care
A ct , 2023 . 2 .

t of Kenya, as follows—
P A R T I - P R E L I M I N A R Y
N o . 13
Shdft T itle. 1. This Act may be cited as the Primary Health Care
A ct , 2023 . 2 .

I n th i s A c t —
“Cabinet Secretary” means the Cabinet Secretary
responsible for matters relating to health;
“ care coordination” means a proactive approach that
brings professionals and providers together to address t h e
needs of service users to ensure they receive integrated a n d
person-centered care across Various settings;
“ county executive committee member” means the
county executive committee member responsible for
matters relating to health;
“ community” means a specific group of people,
usually living in a defined geographical area, who sh are
common values and norms, and are arranged in a social
structure according to relationships which the community
has collectively developed over a period of time;
“ community health committee” means the functional
structure overseeing the operations of a community health
uni t ;
I nterpretation. N o . 2 1 o f 20 17 .

munity health committee” means the functional
structure overseeing the operations of a community health
uni t ;
I nterpretation. N o . 2 1 o f 20 17 .

“ community health officer” means a trained health
professional who is assigned to supervise the community
health promoters under their community health unit;
“ community health care services” means the services
specified under section 5;
“ community health promoter” means a member of the
community who is selected and appointed in accordance
with section 9 of this Act or a community health volunteer
or a community health worker who i s deemed to be a
community health promoter under section 22(3) of this A c t
and is trained to provide community health services t o
defined households;

deemed to be a
community health promoter under section 22(3) of this A c t
and is trained to provide community health services t o
defined households;

3 8 2
Primary Health Care
“ community health unit” means a group of households
not exceeding one thousand within a defined geographical
area and formally recogni zed as level one in the health
system for community health service delivery ;
“ health care professional ” has the same meaning
assigned to it under section 2 of the Health A ct;
“ health care provider” has the meaning assigned to i t
under section 2 of the H ealth A ct ;
“ health f acility” has the same meaning assigned to i t
under secti on 2 of the H eal th A ct ;
“ hospital” includes health facilities at levels four, f i v e
and six respectively ;
“ h o u seh o l d ” m ean s a so ci al u n i t w h i ch sh ares th e
same socio-economic needs associ ated with consumption
and production;
“ primary health care” means essential health care
based on practical , scientif ically sound and socially
acceptable methods and technology that i s made
universally accessible to individuals and f amilies i n th e
community at every stage of their development , through
their full participation and at an affordable cost to th e
community and country , in the spirit of self -reliance an d
self -determ i nation ;
“ primary health care workf orce” includes health care
providers and community health promoter;
“ Primary Health Care Network
admi nistrative health region compri sing of a hub and
spokes established to del iver access to primary health c a r e
services for patients, as well as to coordinate with o th er
hospitals in order to improve the overall operational
effi ciency of the network;
“ hub” means a primary health care referral f acility
which should be a level four facility;
“ spokes” means level three and two health facilities
and the community health units;
“ multi -di sciplinary team” means a team of health care
professional s with diverse expertise and ski ll s who j ointly
assess, plan and manage health care that matches patients’
needs and those of the catchment population to improve
heal th outcomes;
2 0 2 3N o .

intly
assess, plan and manage health care that matches patients’
needs and those of the catchment population to improve
heal th outcomes;
2 0 2 3N o .

13
9 9
m e a n s a n

13
9 9
m e a n s a n

3 8 3
2 0 2 3 Pr imary H ealth Care
Universal Health Coverage
indi vidual s and communities receive the health
they need including the full spectrum of essential, quality
health services from health promotion to prevention,
treatment, rehabilitation, and palliative care without
suffering fi nancial hardship; and
“vulnerable groups” means vulnerable groups as
defi ned under A rticle 21 of the Constitution. 3. The obj ects of this Act is to—
(a) promote and fulfi ll the rights of all persons in
Kenya towards the progressive realization of their
right to the highest attainable standards of health
c ar e ;
(b) promote the implementation of primary health care
through a systemic approach and clear delineation
of roles of all stakeholders towards realization of
universal health coverage;
(c) provide for the establishment of primary health
care networks, community health units and other
stakeholder centered engagement forums for
sustainable provision of primary health care
services;
(d) provide for the role of the multi-disciplinary t e a m
in the provision of primary health care services;
N o . 13
m ean s th at al l
ser v i ces
Obj ects.

ide for the role of the multi-disciplinary t e a m
in the provision of primary health care services;
N o . 13
m ean s th at al l
ser v i ces
Obj ects.

an d
(e) provide for the role of community health offi cers,
community health assistants and conununity
health promoters in the provision of community
based primary health care services. PART n - PRI M A RY H EA L T H CA RE SERVI CES
4. ( 1) Primary health care services shall be accessed at Pri mary health
the community or at a health facility in accordance w i th
this Act and any other written law. (2) The services referred to in subsection (1) shall
include health promotion, prevention, curative,
rehabilitation and palliative services
c a r e s e r v i c e s .

s referred to in subsection (1) shall
include health promotion, prevention, curative,
rehabilitation and palliative services
c a r e s e r v i c e s .

3 84
2 0 2 3Pr imary Health Care
5. ( 1) Community health care services commence at
t he h o u seh o l d . (2) The Community health care services referred to i n
subsection ( 1) include—
(a) health education and promotion;
(b) disease prevention and control to reduce
morbidity , di sabi lity and mortality ;
(c) family health services in the community;
(d) environmental health and hygiene in the
community;
(e) provision of first aid for treatment of minor
illnesses and inj uries;
(f) community-based surveillance;
(g) psychosocial support, rehabilitation, and palliative
care in the community ;
(h) referral s; and
(i) management of health data in the community. 6. ( 1) Faci lity health care services commence at the Facil ity health
h eal th f ac i l i t i es. (2) The facility health care services referred to in
subsection ( 1) include—
(a) promotive;
(b) preventive;
(c) curative;
(d) rehabilitative; and
(e) palliative. 7.

y health care services referred to in
subsection ( 1) include—
(a) promotive;
(b) preventive;
(c) curative;
(d) rehabilitative; and
(e) palliative. 7.

Each county government shall facilitate the service
delivery of primary health care by —
(a) adopting supportive and innovative modem
approaches for disease identification, monitoring,
surveillance, early warn ing, research, community
education and information sharing;
(b) providing community and stakeholder support to
the respective primary health care facilities to
f aci litate optimal service provision;
N o . 13
Community
heal t h c are
ser v ices. Del ivery of
primary health
se rv ices.

ealth care facilities to
f aci litate optimal service provision;
N o . 13
Community
heal t h c are
ser v ices. Del ivery of
primary health
se rv ices.

3 8 5
2 0 2 3 Pr imary H ealth Care
(c) enhancing the availability of quality services,
accessibility and predictability of standardized
primary health care services through effective
leadership and governance, resourcing, private
public partnerships, sharing of essential health
products and technologies and integrated health
information systems;
(d) ensuring that there is continuous community
engagement , training and regi stration of
households within community health units in each
primary health care network ; and
(e) guaranteeing that primary health care services a r e
optimally financed and resourced to offer quality
care to all patients and residents in the republic o f
K enya. PA R T I I I - PR I M A R Y H E A L T H C A R E
W O R K F O R C E
8. ( 1) Primary health care workforce includes—
(a) community health promoters appointed in
accordance w i th thi s A ct ; and
(b) health care providers. (2) Each county government shall take all necessary
measures to build the capacity of community health
promoters for the proper and efficient implementation o f
th i s A ct . N o . 13
Primary health
car e w o r k f o r ce . 9.

pacity of community health
promoters for the proper and efficient implementation o f
th i s A ct . N o . 13
Primary health
car e w o r k f o r ce . 9.

(1) A community health promoter shall be selected
by the community through a public participation forum a n d
appointed by the county government. (2) A person qualifies for selection and appointment
as a community health promoter under subsection ( 1) i f t h e
p e r so n —
R ecr u it m ent o f
community health
p ro m o ter s. (a) is a citizen of Kenya;
(b) is above the age of 18 and is of sound mind;
(c) is a responsible and respected member of the
community ;
(d) understands the role of a community health
p r o m o ter ;

f 18 and is of sound mind;
(c) is a responsible and respected member of the
community ;
(d) understands the role of a community health
p r o m o ter ;

2 0 2 3Pr imary Health Care
(e) is a resident of the respective community for a
continuous period of not less than five years prior
to the appointment date;
(f ) i s li terate and can read and w rite in at least o ne o f
the national languages and the local language; and
(g) is not disqualified for appointment to office by th e
above criteria of by any other law . (3) A community health promoter shall be appointed
on such terms and conditions as the respective county
public service board shall determi ne. (4) Each county executive committee member shall
prescribe, in the county legislation and regulations
approved by the respective county assembly for the c o n d u ct
of the public participation forum under subsection ( 1) . 10. ( 1) In conducting the public participation forum
under section 9, the county executive committee member
sh al l —
N o . 13
Pub l ic
participation in
t he se lect io n o f
community health
p ro m o ter s . N o . 17 o f 20 12 .

y executive committee member
sh al l —
N o . 13
Pub l ic
participation in
t he se lect io n o f
community health
p ro m o ter s . N o . 17 o f 20 12 .

(a) publish and publicize, through the mechanisms
established by a county govern ment under section
95( 1) of the County Govern ments A ct , a notice of
the proposed selection process, at least seven days
before the conduct of the process;
(b) avail to the residents of the county , information
regarding the—
(i) agenda with respect to the selection process
and any other issue connected to the selection
p r o c e ss ;
(ii) criteria for selection as a community health
prom oter ;
(iii) the process of submitting their nomination for
selection; and
(iv) such other information as the committee
member may consider necessary for the
effective participation and conduct of the
selection process;
(c) ensure that the i nf orm ation circul ated under
paragraph (b) is provided in format that is simple
to u n der stan d an d i s al so av ai l ab l e i n th e
prevailing local language;

rcul ated under
paragraph (b) is provided in format that is simple
to u n der stan d an d i s al so av ai l ab l e i n th e
prevailing local language;

3 8 7
2 0 2 3 Primary H ealth Care
(d) take measures to ensure the participation of all
persons required to participate in the process
including persons with disabilities and
marginalized communities within the county;
(e) provide, where necessary, interpretation services
for persons who are not conversant with the
national language, where the national language is
the principle language of communication during
the conduct of the public participation forum;
(f) keep and maintain an attendance register of all
persons attending the selection process;
(g) ensure that all persons attending the public
participation forum signify their attendance by
signing the attendance register;
(h) keep a record of the minutes of the selection
process; and
(i) publicise the decision regarding the persons
selected during the public participation forum
through the mechani sm establi shed under section
95( 1) of the County Governments A ct .

g the persons
selected during the public participation forum
through the mechani sm establi shed under section
95( 1) of the County Governments A ct .

(2) The conduct of public participation forum shall b e
guided by the following principles—
(a) principles of citizen participation in counties u n d e r
section 87 of the County Governments Act;
(b) provision of effective mechanisms for the
involvement of the public including special
interest groups who would be affected by or be
interested i n a deci sion;
(c) participants’ equitable access to the information
they need to participate in a meaningful manner ;
(d) establishment of an appropriate feedback
mechani sm ;
(e) adherence to the nati onal values under A rticle 10
of the Constitution;
(f) adherence to the principles of public participation
as may be prescribed by any written law; and
(g) ensuring that the needs and interests of all persons
participating in the process are taken into account . N o . 13

cribed by any written law; and
(g) ensuring that the needs and interests of all persons
participating in the process are taken into account . N o . 13

J O O
Primary Health Care
(3) The county executive committee member shall
prescribe, in county legislation, provisions regarding—
(a) the quorum required for the holding of the public
participation which shall not be less than seventy
adult residents within the respective county ;
I
(b) the keeping of records prepared with respect to a
public participation forum conducted under this
A ct ;
(c) the process of the conduct of the selection process
including the voting, decision making, quorum and
recording of information with respect to the
process; and
(d) such Other guidelines as may be necessary for the
effective conduct of the public participation
f o ru m . 11. ( 1) A community health officer shall assign to
each community health promoter households in such
local ities in such a manner as shall be prescribed by the
county for the purpose of f acilitating access to and ensuring
the effective delivery of community health services a t t h e
community .

cribed by the
county for the purpose of f acilitating access to and ensuring
the effective delivery of community health services a t t h e
community .

(2) In the performance of the functions under
subsection ( 1) , a community health promoter shall —
(a) sensitize the community on the importance of
healthy lifestyles and of quality health services;
(b) provide community di sease surveill ance by
reporting early signs of imminent health disasters
or emergencies;
(c) enroll and monitor the health status of members o f
the households assigned to the community health
prom oter ;
(d) keep and maintain a record of members in all
households assigned to the community health
promoter ;
(e) monitor the rehabi litation and i ntegration of
persons who require such services in the
community ;
2 0 2 3N o . 13
F u nct io n s o f
community health
p ro m o ter s.

litation and i ntegration of
persons who require such services in the
community ;
2 0 2 3N o . 13
F u nct io n s o f
community health
p ro m o ter s.

2 0 2 3 Pr imary H ealth Care
(f ) provide appropriate health advice to an assigned
household in a language that the members of the
household understand, including advice on—
(i) appropriate sanitation and hygiene techniques
including household water treatment;
(ii) good nutrition;
(iii) maternal and postnatal care including advice
on breastfeeding, immunization, child health
care and f amily pl anning;
(iv) the prevention, transmission and management
of com m unicabl e di seases; and
(v) the prevention and management of non-
com m uni cabl e di seases;
(g) render first aid services to an assigned household
and where necessary, make referrals to the link
f acility ;
(h) monitor the growth of children under the age of
five years in an assigned household;
(i) provide support to the assigned household on
quality family-based care and support for a
patient;
(j) submit reports, at such intervals as shall be
determined by the county director of health, on the
health of each member of an assigned household
and the barri ers to heal th and heal th care i n the
household to the community health officer ;
(k) collect information on the health status of the
assigned households;
(1) report incidence of side effects of drugs; and
(m) perform such function as may be assigned by the
county executive committee member in county
legislation or under any other law.

ects of drugs; and
(m) perform such function as may be assigned by the
county executive committee member in county
legislation or under any other law.

(3) A community health promoter shall , in the conduct
of the functions specified under subsection (1) and (2) —
(a) be ethical ;
(b) inform the household of the use to which the
information shall be put;
N o . 13

unctions specified under subsection (1) and (2) —
(a) be ethical ;
(b) inform the household of the use to which the
information shall be put;
N o . 13

j y \ j
Pr imary Health CareN o . 13 2 0 2 3
(c) ensure confidentiality;
(d) ensure accuracy of the information captured; and
(e) transmit the information within the timelines
specified by the county director of health. 12. (1) Each county director of health shall keep and Register of
maintain a register of all community health promoters “ S '"’'’*'"’
working in the county. (2) The county director of health may designate a
community health officer within the county public service
a registrar to keep and maintain the register under
subsection ( 1) . (3) The register under subsection (1) shall include—
(a) bio data information on community health
promoters including their —
(i) name and identification details; and
(ii) contact details;
(b) information on the link facility to which the
community health promoters report;
(c) the training database for the community health
p r o m o ter s;
(d) the households assigned to each community health
p r o m o ter ;
(e) all community health promoters who have been
de-regi stered; and
(f) such other information as the county government
shall prescribe.

o m o ter ;
(e) all community health promoters who have been
de-regi stered; and
(f) such other information as the county government
shall prescribe.

(4) There shall be kept and maintained, by the
cornmunity health officer responsible for overseeing t h e
delivery of community health services in each community
health unit, an extract of the register under subsection ( 1)
with respect to the community health promoters deployed
to households in the respective community health unit. (5) A community health promoter shall notify the
community health officer in the respective community
health unit of any changes to their particulars and th e
infoimation shared with the registrar under subsection (2)
within fourteen days of such change. a s

unit of any changes to their particulars and th e
infoimation shared with the registrar under subsection (2)
within fourteen days of such change. a s

2 0 2 3 Pr imary H ealth Care
(6) The registrar shall , within seven days of receipt o f
the change in particulars under subsection (5) —
(a) verify the inf ormation; and
(b) update the change of particulars in the register . 13. Each county government shall ensure that
community health promoters are adequately supported t o
perform their functions, including through—
(a) training at least once a year;
(b) provision of working tools;
(c) stipend; and
(d) supervi sion. P A R T I V - R O L E O F N A T I O N A L G O V E R N M E N T
I N P R I M A R Y H E A L T H C A R E P O L I C Y
N o . 13
R etent i o n o f
community health
promoters. R o le of t he
ministry
responsible for
heal th . 14.

I M A R Y H E A L T H C A R E P O L I C Y
N o . 13
R etent i o n o f
community health
promoters. R o le of t he
ministry
responsible for
heal th . 14.

( 1) The Cabinet Secretary shall provide policy
direction for the effective provision of primary health c a r e
services by county governments and shall , for this
p u r p o se —
(a) formulate, develop and disseminate primary health
care policies, guidelines and other relevant
f ramew ork s;
(b) in consultation with the county governments,
provide standards and guidelines to ensure
equitable primary health care service delivery;
(c) consolidate and analyze national primary health
care data from the respective county primary
health care advisory committee and ensure its
timely transmission to stakeholders for use in
decision making and resource allocation;
(d) facilitate knowledge sharing and dissemination o f
best practices in the provision of primary health
car e services; and
(e) provide capacity development for the effective
management of primary health care across the
Republic of K enya. (2) The National Government shall appropriate and
transfer to the county revenue fund of respective county
governments such monies as shall be required for the
effective performance of their functions under this A c t .

nty revenue fund of respective county
governments such monies as shall be required for the
effective performance of their functions under this A c t .

i 'i Z
Pr imary H ealth Car e
15. (1) The National Government may, in aceordance
with the law relating to county govern ments additional
allocations, provide such resources as may be necessary f o r
the effective performance of the functions of county
governm ents under thi s A ct . (2) T he additi onal resources al located under
subsection (1) shall be a supplement, and not a substitute,
to the resources allocated by the respective county
government in respect to the delivery of primary health
c ar e ser v i ces i n co u n t i es . PA RT V - M ANA GEM ENT OF PRI M A RY H EA L T H
C A R E SE R V I C E S
16.

t to the delivery of primary health
c ar e ser v i ces i n co u n t i es . PA RT V - M ANA GEM ENT OF PRI M A RY H EA L T H
C A R E SE R V I C E S
16.

Each county government shall, in the management
of primary health care services—
(a) oversee the implementation of the national
policies, guidelines and standards on primary
health care services;
(b) mobilize and allocate adequate resources
necessary for the delivery of primary health care
services in the respective county;
(c) allocate adequate funds and resources necessary
for the facilitation of the community health
promoters, including payment of stipends, within
the respective county;
(d) develop the necessary technological infrastructure
required by the primary health providers for
effective delivery of primary health care services;
(e) put in pl ace mechani sms to facilitate access to
timely primary health care services including
community and family-based care and support for
patients within the respective county;
(f) facilitate access to information regarding
appropriate healthy behavior including basic
information on the prevention, promotion and
treatm ent of comm uni cable and
communicable di seases;
(g) co-ordinate the implementation of training
programmes for the community health-care
p r o m o ter s;
N o .

m uni cable and
communicable di seases;
(g) co-ordinate the implementation of training
programmes for the community health-care
p r o m o ter s;
N o .

13 2 0 2 3
F i nanc i
primary
c a r e
ng of
healt h
f u nct io ns . Role of county
go v er n m en ts. n o n -

13 2 0 2 3
F i nanc i
primary
c a r e
ng of
healt h
f u nct io ns . Role of county
go v er n m en ts. n o n -

3 9 3
2 0 2 3 Primary H ealth Care
(h) provide the community health promoters with the
required tools of work including kits and reporting
tool s; and
(i ) undertake monitoring and evaluation through
supportive supervision. 17. ( 1) Each county government shall establi sh a
county primary health care advisory committee.

oring and evaluation through
supportive supervision. 17. ( 1) Each county government shall establi sh a
county primary health care advisory committee.

(2) A county primary health care advisory committee
sh al l co n si st o f —
(a) the county executive committee member
responsible for health, who shall be the
chairperson;
(b) a representative from the county department
responsible for environment;
(c) a representative from the county department
responsible for social protection;
(d) a representative from the county department
responsible for education;
(e) a representative from the county department
responsible for finance and planning;
(f) a representative from the county department
responsible for the county public service board;
(g) a representative from the county department
responsible for water and sanitation;
(h) a representative from the county department
responsible for roads;
(i) a representative from the county department
responsible for agriculture;
(j) the county commissioner or their representative
designated in writing; and
(k) the county director of health who shall be the
secretary to the committee. (2) The committee members in subsection (1) shall be
appointed in writing by the county executive committee
member and shal l serve for a period of three years.

mmittee members in subsection (1) shall be
appointed in writing by the county executive committee
member and shal l serve for a period of three years.

(3) A county primary health care advisory committee
shall , in each respective county, perform the following
f u n ct i o n s —
N o . 13
County primary
healt h
adv isory
co m m ittee . c a r e

committee
shall , in each respective county, perform the following
f u n ct i o n s —
N o . 13
County primary
healt h
adv isory
co m m ittee . c a r e

3 9 4
Primary Health Care
(a) monitor and evaluate the implementation of
primary health care;
(b) identify and advocate for key primary health care
issues with the respective county health
departments;
(c) receive, work constructively and address
applicable community primary health care issues,
care coordination and develop innovative ideas for
service delivery;
(d) promote communication between the health
department, other stakeholders and the
community ;
(e) provide beneficiary input on departmental
activities, policies, plans and proj ects at the
individual, program, organization and system
levels in the county;
(f) propose further opportunities for community
engagement that will promote primary health care
improvements in the county;
(g) provide advice and input into primary health care
i ssues;
(h) carry out advocacy and resource mobilization;
(i) fairly represent the views of the community;
(j) gather the views of the community they represent
through their primary health care networks;
(k) provide feedback after meetings to members of the
community ; and
(1) provide leadership and advice in relation to the
beneficiary and community views on primary
healthcare and primary health care network service
delivery, planning and development in the relevant
county .

eficiary and community views on primary
healthcare and primary health care network service
delivery, planning and development in the relevant
county .

18. (1) Each county executive committee member
shall , subj ect to subsections (2) and (3) and by notice i n th e
Gazett e, establish a primary health care network at th e su b
county level . (2) A prima^ health care network shall serve a
catchment population as shall be determined by the county
primary health care advisory committee. N o . 13 2 0 2 3
h eal th
car e netw o r k s .

rve a
catchment population as shall be determined by the county
primary health care advisory committee. N o . 13 2 0 2 3
h eal th
car e netw o r k s .

39 5
2 0 2 3 Pr imary Health Care
(3) A pri mary health care network shall compri se of a
hub and spokes. (4) A pri mary health care network shall facilitate
delivery and access to pri mary health care services f r o m th e
community , as well as coordinate with health facilities i n
order to improve the overall operational efficiency o f t h e
netw o rk . N o . 13
(5) Every person shall be registered as a member of a
pri mary health care network . 19. (1) Each pri mary health care network may have a
committee which shall compri se of —
(a) fi ve representatives of the sub-county health
management team, nominated by the county
executi ve comm i ttee member ;
(b) a representative of the f aith based health providers;
(c) a representative of the pri vate sector providers;
(d) a representative from a community health
comm i ttee;
(e) a representative of development partners; and
(f) the sub-county commi ssioner . (2) The members of the committee shall , in the fi rst
meeting, elect a chairperson from amongst themselves. (3) The committee members in subsection ( 1) shall be
appointed in wri ting by the county executive committee
member and shall serve for a peri od of three years.

ittee members in subsection ( 1) shall be
appointed in wri ting by the county executive committee
member and shall serve for a peri od of three years.

Primary
c a r e
co m m ittee . healt h
netw o r k
(4) The committee shall perform the following
f u n cti o n s
(a) coordinate the implementation of programmes for
optimal functioning of the pri mary health care
netw ork ;
(b) support the pri mary health care network to set
targets in line with agreed county targets and local
heal th needs;
(c) lead pri ori tization of service package or range o f
services to be offered through the pri mary health
care netw ork ;

and local
heal th needs;
(c) lead pri ori tization of service package or range o f
services to be offered through the pri mary health
care netw ork ;

3 9 6
Pr imary Health Care 2 0 2 3N o . 13
(d) ensure equitable distribution of resources and
health services within the primary health care
netw ork ;
(e) reference and implement human resource
management plans to ensure avail abi lity and
equitable di stribution of health care workers and
community health promoters as per level of care;
(f) support supervi sion and coordination of
mentorship and training activities by the multi
discipl inary teams;
(g) consolidate and analyze the Health Management
Information System data including community
health for completeness and validity from the
primary health care network to make timely
decisions at the sub-county level ; and
(h) mainstream and f acilitate integration of services t o
optimize on available resources and avoid
duplications. 20. ( 1) Each county government shall establish and c ommunity
H ealt h U n it s. operational ize community health units. (2) A community health unit shall serve a catchment
population of up to five thousand persons in accordance
with national guidelines. (3) A community health unit shall comprise of
approximately one thousand households in accordance w i t h
national gui del i nes.

national guidelines. (3) A community health unit shall comprise of
approximately one thousand households in accordance w i t h
national gui del i nes.

(4) A community health unit shall , under the
coordination of a community health committee, be linked
to a health care facility to facilitate delivery and a c c e s s t o
primary health care services for the community. 21. ( 1) Each community health unit shall have a
community health committee which shall comprise of —
(a) a representative of faith based organizations;
(b) a representative of the community;
(c) a representative of vulnerable groups;
(d) a representative of the community health
prom oters;
(e) any other co-opted member as per community
health needs; and
Community
H ealt h
C o m m ittee .

representative of the community health
prom oters;
(e) any other co-opted member as per community
health needs; and
Community
H ealt h
C o m m ittee .

3 9 7
2 0 2 3 Pr imary H ealth Car e
(f) the community health officer , who shall be the
secretary
(2) The members of the committee shall , in the fi rst
meeting, elect a chairperson from amongst themselves. (3) The committee members in subsection ( 1) shall be
appointed in writing by the county executive conunittee
member and shall serve for a period of three years,
r en ew ab l e o n ce . (4) The functions of the community health committee
sh a l l b e t o —
(a) provide leadership in the implementation of health
and other related community services;
(b) coordinate the selection of community health
promoters within the community health unit in a
publ ic participation f omm;
(c) prepare and present the community health unit
annual work-plans and operational plans to the
link facility health committee;
(d) plan, coordinate and conduct community dialogue
and health action days;
(e) work with the link facility to promote facility
accountability to the community;
(f ) hold quarterly consultative meetings with the link
f acility ;
(g) create
implementation of community health services; and
(h) mobilize resource for sustainability .

consultative meetings with the link
f acility ;
(g) create
implementation of community health services; and
(h) mobilize resource for sustainability .

PA R T V I - M I SC E L L A N E O U S PR O V I SI O N S
22. (1) All rights and obligations, however arising, o f
the national and county government and subsisting before
the effective date shall continue as rights and obligations o f
the national and county governments as assigned under th i s
A ct . N o . 13
enabling environment fora n
T r an si t io nal
provisions
(2) All personnel appointed by the county public
service boards and serving under each county government
in respect of community health services shall be deemed t o
be in the service of the county government on the effective
d a t e .

ch county government
in respect of community health services shall be deemed t o
be in the service of the county government on the effective
d a t e .

3 9 8
Primary Health Care
(3) Despite section 9, a person appointed as a
community health volunteer or community health worker a t
the commencement of thi s A ct shall be deemed to be
appointed as a community health promoter under this A c t . 23.

er or community health worker a t
the commencement of thi s A ct shall be deemed to be
appointed as a community health promoter under this A c t . 23.

(1) A community health promoter shall not—
(a) conduct any procedure that is beyond their training
and approved scope of work;
(b) administer to a person medication that is not
authorized by clinical standards and guidelines
under this Act or any other applicable law;
(c) conduct deliveries for pregnant women;
(d) negligently handle property entrusted to them;
(e) use tools, gadgets or properties under their custody
for purposes other than the delivery of community
health services authorized under this Act and any
other applicable law ;
(f) solicit financial or other rewards for personal gain
whether or not in recognition of effort in
delivering services to the community;
(g) withdraw services as community health promoters
without giving notice of intention to do so, except
in a case of emergency;
(h) falsify any records or data collected by them in
course of duty ;
(i) engage in political or any other activities that m a y
conflict with their duty; and
(j) di sclose the client ’s health information to
unauthorized person. (2) Any community health promoter who contravenes
the provisions of this section shall be subj ect to di sciplinary
actions as prescribed by law. 24.

(2) Any community health promoter who contravenes
the provisions of this section shall be subj ect to di sciplinary
actions as prescribed by law. 24.

Every person shall, in the implementation of this
Act, adhere to the provisions of the Data Protection A c t i n
the collection, processing and transmission of personal
d ata . N o . 13 2 0 2 3
O f f ences
penalties. a n d
a n
A d her ence to d ata
protection. N o . 24 o f 20 19
25. The Cabinet Secretary shall , in consultation with
county governments, make regulations generally for t h e
better carrying out of the provisions of this Act. Regulations.

r-