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Summary of the Nurses and Midwives Act (Cap. 257)
Introduction
The Nurses and Midwives Act, also known as Cap. 257, is a legislative framework in Kenya that governs the training, registration, enrolment, and licensing of nurses and midwives. The Act aims to regulate the conduct of these professionals and ensure their maximum participation in the healthcare of the community. This summary will provide an in-depth look at the key provisions, administrative structures, and legal precedents related to Cap. 257.
Table of Contents
Overview of the Act
Key Provisions
Training and Education
Registration and Licensing
Conduct and Discipline
Administrative Structures
Nursing Council of Kenya
Committees and Sub-Committees
Legal Precedents and Case Laws
Conclusion
TLDR
1. Overview of the Act
The Nurses and Midwives Act (Cap. 257) was enacted to provide a comprehensive legal framework for the nursing and midwifery professions in Kenya. The Act outlines the requirements for training, registration, and licensing, and sets standards for professional conduct. It also establishes the Nursing Council of Kenya (NCK) as the regulatory body responsible for implementing the Act.
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2. Key Provisions
2.1 Training and Education
The Act mandates that all nursing and midwifery training institutions in Kenya must be accredited by the Nursing Council of Kenya. The curriculum and training programs must meet the standards set by the Council to ensure that graduates are competent to provide quality healthcare services.
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2.2 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 educational qualifications and professional competence of the applicants. Licenses must be renewed periodically, and the Council has the authority to suspend or revoke licenses for non-compliance with the Act.
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2.3 Conduct and Discipline
The Act sets out a code of conduct for nurses and midwives, emphasizing ethical behavior, professional integrity, and accountability. The Nursing Council of Kenya is empowered to investigate complaints against practitioners and take disciplinary action, including suspension or revocation of licenses, for breaches of the code of conduct.
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3. Administrative Structures
3.1 Nursing Council of Kenya
The Nursing Council of Kenya (NCK) is the primary regulatory body established under the Act. The Council is responsible for accrediting training institutions, registering and licensing practitioners, and enforcing standards of professional conduct. The Council comprises members appointed by the Minister of Health, including representatives from nursing and midwifery associations, educational institutions, and the public.
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3.2 Committees and Sub-Committees
The Act allows the Nursing Council of Kenya to establish committees and sub-committees to assist in carrying out its functions. These committees may focus on specific areas such as education, registration, and discipline, and are composed of experts and stakeholders in the nursing and midwifery professions.
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4. Legal Precedents and Case Laws
Case Law 1: Republic v Nursing Council of Kenya Ex-Parte Joyce Cherono Langat [2018] eKLR
Parties: Joyce Cherono Langat (Applicant) vs. Nursing Council of Kenya (Respondent)
Outcome: The High Court ruled in favor of the applicant, who challenged the decision of the Nursing Council to revoke her license without following due process. The court emphasized the importance of procedural fairness and the right to a fair hearing.
Relevance: This case underscores the necessity for the Nursing Council to adhere to due process and procedural fairness when taking disciplinary actions against practitioners.
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Case Law 2: Nursing Council of Kenya v Attorney General & 2 others [2012] eKLR
Parties: Nursing Council of Kenya (Appellant) vs. Attorney General & 2 others (Respondents)
Outcome: The Court of Appeal upheld the decision of the High Court, which had declared certain regulations made by the Nursing Council as ultra vires (beyond its powers). The court held that the Council must operate within the confines of the law and cannot exceed its statutory mandate.
Relevance: This case highlights the limitations of the regulatory powers of the Nursing Council and the need for adherence to statutory provisions.
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Conclusion
The Nurses and Midwives Act (Cap. 257) is a critical piece of legislation that ensures the regulation and standardization of the nursing and midwifery professions in Kenya. By setting out clear guidelines for training, registration, licensing, and professional conduct, the Act aims to enhance the quality of healthcare services provided by nurses and midwives. The Nursing Council of Kenya plays a pivotal role in implementing the Act and maintaining the integrity of the professions.
TLDR
The Nurses and Midwives Act (Cap. 257) in Kenya regulates the training, registration, licensing, and conduct of nurses and midwives. The Nursing Council of Kenya is the regulatory body responsible for enforcing the Act. Key provisions include accreditation of training institutions, registration and licensing of practitioners, and disciplinary measures for professional misconduct. Legal precedents emphasize the importance of procedural fairness and adherence to statutory mandates.
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Answered by mwakili.com