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cap 257 laws of kenya explained
Explanation of the Nurses and Midwives Act (Cap 257) Laws of Kenya
Introduction
The Nurses and Midwives Act, Cap 257, is a significant piece of legislation in Kenya that governs the training, registration, enrollment, and licensing of nurses and midwives. This Act ensures that the nursing and midwifery professions maintain high standards of practice and conduct, thereby safeguarding public health and welfare. This comprehensive explanation will delve into the key provisions, functions, and implications of the Act.
Table of Contents
Overview of the Nurses and Midwives Act
Key Provisions of the Act
Training and Education
Registration and Licensing
Professional Conduct and Discipline
Functions of the Nursing Council of Kenya
Penalties for Non-Compliance
Relevant Case Laws
Conclusion
Sources
1. Overview of the Nurses and Midwives Act
The Nurses and Midwives Act, Cap 257, was enacted to regulate the nursing and midwifery professions in Kenya. The Act provides a legal framework for the training, registration, and licensing of nurses and midwives, ensuring that only qualified individuals practice in these fields. The Act also establishes the Nursing Council of Kenya, which is responsible for overseeing the implementation of the Act and maintaining professional standards.
2. Key Provisions of the Act
Training and Education
The Act mandates that all nurses and midwives undergo rigorous training and education programs approved by the Nursing Council of Kenya. These programs are designed to equip practitioners with the necessary skills and knowledge to provide high-quality healthcare services.
Section 12: This section outlines the requirements for the training institutions, including the need for accreditation by the Nursing Council of Kenya.
Section 13: It specifies the curriculum and standards for nursing and midwifery education, ensuring that they meet international best practices.
Registration and Licensing
To practice as a nurse or midwife in Kenya, individuals must be registered and licensed by the Nursing Council of Kenya. The registration process involves verifying the qualifications and competence of the applicants.
Section 14: This section details the registration process, including the documentation required and the criteria for eligibility.
Section 15: It outlines the licensing procedure, which includes passing a licensing examination and fulfilling continuing education requirements.
Professional Conduct and Discipline
The Act sets out the standards of professional conduct for nurses and midwives and provides mechanisms for addressing professional misconduct.
Section 16: This section defines professional misconduct and the disciplinary actions that can be taken against practitioners who violate the standards.
Section 17: It establishes the procedures for investigating and adjudicating cases of professional misconduct.
3. Functions of the Nursing Council of Kenya
The Nursing Council of Kenya is the regulatory body established under the Act to oversee the nursing and midwifery professions. Its functions include:
Regulating Training and Education: The Council accredits training institutions and approves curricula to ensure that they meet the required standards.
Registration and Licensing: The Council registers and licenses qualified nurses and midwives, maintaining a register of all licensed practitioners.
Enforcing Professional Standards: The Council sets and enforces standards of professional conduct and practice, investigating and disciplining practitioners who violate these standards.
Promoting Continuing Education: The Council encourages and facilitates continuing education and professional development for nurses and midwives.
4. Penalties for Non-Compliance
The Act imposes penalties on individuals and institutions that fail to comply with its provisions. These penalties are designed to deter unqualified practice and ensure adherence to professional standards.
Section 18: This section outlines the penalties for practicing without a valid license, which may include fines and imprisonment.
Section 19: It specifies the penalties for training institutions that operate without accreditation from the Nursing Council of Kenya.
5. Relevant Case Laws
Eddie J. Amadi v Titus O. Koceyo [2020] eKLR
Parties: Eddie J. Amadi (Plaintiff) v Titus O. Koceyo (Defendant)
Outcome: The court ruled in favor of the plaintiff, emphasizing the importance of adhering to professional standards and the regulatory framework established by the Nurses and Midwives Act.
Relevance: This case underscores the legal consequences of professional misconduct and the role of the Nursing Council of Kenya in enforcing standards.
Family Bank Limited v Kukopesha Limited [2019] eKLR
Parties: Family Bank Limited (Plaintiff) v Kukopesha Limited (Defendant)
Outcome: The court highlighted the necessity for institutions to comply with regulatory requirements, including those set by the Nursing Council of Kenya.
Relevance: This case illustrates the broader implications of regulatory compliance for institutions and the enforcement powers of regulatory bodies.
6. Conclusion
The Nurses and Midwives Act, Cap 257, is a crucial piece of legislation that ensures the integrity and professionalism of the nursing and midwifery professions in Kenya. By setting high standards for training, registration, and conduct, the Act protects public health and promotes the delivery of quality healthcare services. The Nursing Council of Kenya plays a vital role in implementing the Act and maintaining these standards.
7. Sources
Answered by mwakili.com