Malaria Bll 2010 - as Plain Text by MWakili

113 THE MALARIA PREVENTION BILL, 2010 ARRANGEMENT OF CLAUSES PART IPRELIMINARY Clause 1Short title and commencement.

2Interpretation.

PART IITHE MALARIA PREVENTION AND CONTROL INSTITUTE 3Establishment of Institute.

4Functions of Institute.

5Board of the Institute.

6Functions of Board.

7Director of the Institute.

www.kenyalaw.org8Staff of the Institute.

9Experts and consultants.

10Headquarters.

11Common seal 12Protection from personal liability.

13Liability for damages.

PART IIIFINANCIAL PROVISIONS 14Funds and assets of the Institute.

15Financial year.

16Annual estimates.

17Accounts and audit.

18Investment of funds.

19Exemptions from charges.

20Annual report.

PART IVMEASURES TO BE TAKEN BY HEALTH 114 The Malaria Prevention Bill, 2010 AUTHORITIES 21Construction of system of drainage.

22Power of entry upon land.

23Obstruction of flow of water.

24Tree planning and cultivation.

25Consent for construction of drain.

26Works to be done by owner of land.

27Payment for area lost in readjustment.

PART VMISCELLANEOUS 28Offences and penalty.

29Regulations.

30Saving of Cap 242.

31Repeal of Cap 246.

SCHEDULE www.kenyalaw.org The Malaria Prevention Bill, 2010 115 THE MALARIA PREVENTION BILL, 2010 A Bill for AN ACT of Parliament to repeal and re-enact the Malaria Prevention Act, to establish the National Malaria Prevention and Control Institute, to provide for the prevention and control of malaria and for connected purposes ENACTED by the Parliament of Kenya, as follows PART IPRELIMINARY 1.

This Act may be cited as the Malaria Prevention Short title and commencement.

Act, 2010 and shall come into operation on such date as the Minister may, by notice in the Gazette, appoint.

2.

In this Act, unless the context otherwise requires- Interpretation.

Board means the Board of Management established under section 5; drain means a pipe or channel, whether open or closed, used or intended to be used for drainage of land; health authority has the meaning assigned to it in Cap 242.

www.kenyalaw.org the Public Health Act; Institute means the Malaria Prevention and Control Institute established by section 3; land includes all buildings on the land; Minister means the Minister for the time being responsible for public health; and owner, as regards immovable property, includes any person, other than the Government, receiving the rent or profits of land or premises from a tenant or occupier of the land or premises or a person who would receive the rent or profits if the land or premises were let, whether on the persons own account or as agent for another person, other than the Government, entitled to or interested in the land or premises; and includes a lessee or licensee from the Government, and a superintendent, overseer or manager of the lessee or licensee residing on the holding.

116 The Malaria Prevention Bill, 2010 PART IITHE MALARIA PREVENTION AND CONTROL INSTITUTE 3.

(1) There is established an institute to be known as Establishment of Institute.

the Malaria Prevention and Control Institute.

(2) The Institute shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of (a) suing and being sued; (b) purchasing, acquiring, holding or disposing of prop (c) doing or performing all such other acts necessary for the proper performance of its functions under this Act.

4.

The functions of the Institute shall be to Functions of Institute.

(a) conduct research on the prevention, control and treatment of malaria; (b) monitor prevalence rates of malaria; (c) liaise with institutions and organizations of research on matters relevant to the prevention, control and treatment of malaria; www.kenyalaw.org (d) disseminate research findings; (e) liaise with relevant government ministries in matters relating to malaria prevention, control and treatment; and (f) do all other things that may be necessary for the better carrying out of its functions under the Act.

5.

(1) The management of the Institute shall vest in a Board of the Institute.

board to be known as the Board of Management which shall comprise of (a) a chairperson appointed by the President who shall be a person with proven knowledge and experience in public health and corporate management; (b) the Permanent Secretary of the ministry for the time being responsible for public health or a representative designated in writing by the Permanent Secretary; The Malaria Prevention Bill, 2010 117 (c) the Permanent Secretary of the ministry for the time being responsible for medical services or a representative designated in writing by the Permanent Secretary; (d) the Permanent Secretary of the ministry for the time being responsible for finance or a representative designated in writing by the Permanent Secretary; and (e) not less than six and not more than nine other persons appointed by the Minister by notice in the Gazette who shall be persons with knowledge and experience in public health and of whom- (i) three shall represent universities and research institutes; and (ii) three shall be medical practitioners.

(3) The members of the Board shall, at the first meeting of the Board and whenever need arises, elect a vice-chairperson from amongst the members appointed under paragraph (e) of subsection 2.

(4) The Schedule shall apply in respect of the procedure of the Board.

www.kenyalaw.org 6.

The functions of the Board shall be to Functions of Board.

(a) formulate policies on the organization and management of the Institute; (b) administer the property and funds of the Institute in such a manner and for such purposes as will, in the opinion of the Board, promote the functions of the Institute; (c) receive, on behalf of the Institute, grants, gifts, donations, fees or other moneys; and (d) perform such other functions as may be necessary for the better carrying out of the functions of the Institute under this Act.

7.

(1) There shall be a Director of the Institute who Director of the Institute.

shall be chief executive officer of the Institute and shall, subject to the direction and control of the Board, be responsible for the day to day management of the Institute.

(2) The Director shall be an ex-officio member of the Board and shall be the secretary to the Board.

118 The Malaria Prevention Bill, 2010 (3) The Director shall be competitively recruited and appointed by the Board on such terms and conditions as the Board may determine.

(4) The Director shall be a person who holds a minimum of a first degree and who possesses proven experience in public health and management.

8.

The Board may employ such staff of the Institute as Staff of the Institute.

are necessary for the efficient discharge of the functions of the Institute under this Act and upon such terms and conditions as the Board may determine.

9.

The Board may engage experts or consultants to Experts and consultants.

assist in the discharge of the functions of the Board or the Institute.

10.

(1) The headquarters of the Institute shall be in Headquarters.

Arrok in Kerio Valley.

(2) The Board may establish other offices of the Institute.

11.

(1) The common seal of the Institute shall be kept Common seal.

in such custody as the Board may direct and shall not be used except in the manner authorized by the Board.

(2) A deed, instrument, contract or other document www.kenyalaw.org shall be duly executed by or on behalf of the Institute- (a) where it is required to be under seal, if sealed with the common seal of the Institute and authenticated by the chairperson and the Director; or (b) where it is not required to be under seal, if executed in that behalf by the chairperson or the Director.

(3) Notwithstanding the provisions of subsection (2), the Board shall, in the absence of the chairperson or the Director, nominate one member of the Board to authenticate the seal on behalf of either the chairperson or the Director.

(4) A deed, instrument, contract or other document executed in accordance with sub-section (2) shall bind the Institute.

Protection from 12.

A matter or thing done by a member of the Board personal liability.

or by an employee or agent of the Institute shall not, if the The Malaria Prevention Bill, 2010 119 matter or thing is done in good faith for executing the functions, powers or duties of the Board under this Act, render the member, employee or agent of the Board or a person acting on their directions personally liable to any action, claim or demand.

Liability for 13.

The provisions of section 12 shall not relieve the damages.

Institute of liability to pay compensation or damages to a person for an injury to the person, the persons property or the persons interests caused by the exercise of a power conferred by this Act or any other written law.

PART IIIFINANCIAL PROVISIONS 14.

The funds of the Institute shall comprise Funds of the Institute.

(a) monies that may accrue to or vest in the Institute in the course of the exercise of its functions under this Act; (b) gifts, grants or donations as may be given to the Institute; (c) monies that may be borrowed by the Board of Management for the discharge of the functions of the Institute; and www.kenyalaw.org (d) monies from any other source provided for the Institute.

15.

The financial year of the Institute shall be the Financial year.

period of twelve months ending on the thirtieth day of June in each year.

16.

(1) At least three months prior to the Annual estimates.

commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Institute for that financial year.

(2) The Board shall approve the annual estimates before the commencement of the financial year to which they relate and once approved the sum provided in the estimates shall be forwarded to the Minister for approval.

(3) No expenditure shall be incurred for the purposes of the Institute except in accordance with the annual estimates approved under subsection (2) or in pursuance of an authorization of the Board given with prior written approval of the Minister.

120 The Malaria Prevention Bill, 2010 17.

(1) The Board shall cause to be kept proper books Accounts and audit.

and other records of account of the income, expenditure, assets and liabilities of the Institute.

(2) The Board shall, within three months of the end of a financial year, submit, to the Controller and Auditor-General or an auditor appointed under the Public Audit Act, the No.

12 of 2003.

accounts of the Institute in respect of that year together with a statement of the income and expenditure of the Institute during that year.

(3) The accounts of the Institute shall be audited and reported in accordance with the provisions of the Public No.

12 of 2003.

Audit Act.

18.

The Board may invest any of the funds of the Investment of funds.

Institute in such manner as the Board may from time to time approve.

19.

Subject to all other laws, the Minister for the time Exemption from charges.

being responsible for finance may exempt the Institute from such taxes, duties, fees, cess or other charges as the Minister may, by notice in the Gazette, specify.

20.

(1) The Institute shall, within three months of the Annual report.

end of a financial year, prepare and submit to the Minister an annual report on the operations of the Institute for the www.kenyalaw.org preceding year.

(2) The annual report submitted under subsection (1) shall include (a) the financial statements of the Institute; and (b) a detailed report of the activities of the Institute.

(3) The Minister shall, within thirty days of receipt of the annual report, lay the report before the National Assembly.

PART IVMEASURES TO BE TAKEN BY HEALTH AUTHORITIES 21.

A health authority may, for the purpose of Construction of system of drainage.

prevention or suppression of malaria (a) construct and maintain within the area subject to its control a system of drainage for the removal of water from any land within the area; (b) level or adjust the surface of the land as part of the system of drainage; The Malaria Prevention Bill, 2010 121 (c) readjust the boundaries, areas and shapes of any plot or holding affected.

22.

(1) In carrying out the functions under section 32, Power of entry upon land.

a health authority may by its duly authorized servants or agents (a) enter upon the land on which a system of drainage is to be constructed; (b) do all such work on the land as may be necessary for the construction of the system of drainage; and (c) enter upon the land for the purpose of working, maintaining and keeping in good condition the system of drainage at any time after the completion of the construction of the system of drainage.

(2) A drain constituting part of a system of drainage shall be under the control of a health authority.

23.

(1) Unless with the written consent of a health Obstruction of flow of water.

authority, a person shall not, within an area subject to the control of a health authority (a) build or maintain a dam or other construction so as to obstruct the flow of water into or out of a drain www.kenyalaw.org under the control of the health authority; (b) alter the level of water so as to reduce the flow of water; or (c) construct a step, bridge or platform over a drain under the control of a health authority (2) A health authority may order demolition, alteration or other suitable action on a dam, step, bridge, platform or other construction constructed in violation of sub-section (1).

(3) The expenses under subsection (2) shall be borne by the person who built the dam or constructed the step, bridge, platform or other construction.

24.

(1) A person shall not, within an area subject to Tree planting and cultivation.

the control of a health authority, plant trees or cultivate land in such a manner as is likely, in the opinion of a health authority, to obstruct the flow of water in, into or out of a drain or culvert under the control of a health authority.

(2) A health authority may, by notice in writing, 122 The Malaria Prevention Bill, 2010 require the removal of any tree or vegetation which is likely to cause such obstruction.

(3) In the event of non-removal within a time to be specified by a health authority, the health authority may cause the tree or vegetation to be removed at the expense of the person who planted the tree or cultivated the vegetation.

25.

(1) A person shall not, without the written consent Consent for construction of of a health authority, make or connect, or cause to be made drain.

or connected a drain into another drain or into a canal or stream under the control of the health authority.

(2) A health authority may cause a drain made or connected in violation of sub-section (1) to be demolished, altered or otherwise dealt with as the health authority may think fit at the expense of the person who made or connected the drain or caused the drain to be made or connected.

26.

(1) Whenever it appears to a health authority that Works to be done by owner of land.

any land, pond, tank, well, spring, drain, stream, waterlogged ground, swamp, irrigation canal or other collection of water within an area under its control is or is likely to be favourable to the existence or propagation of mosquitoes, the health authority may, by notice in writing, require the owner or occupier of the land, within reasonable www.kenyalaw.org time to be specified in the notice, to comply with such requirements with regard to the land, pond, tank, well, spring, drain, stream, waterlogged ground, swamp, irrigation canal or other collection of water as it may specify for the purpose of preventing or suppressing the existence or propagation of mosquitoes.

(2) An owner or occupier of land who does not comply with the requirements under subsection (1) commits an offence.

(3) A health authority may, where an owner or occupier of land does not comply with the requirements under subsection (1), enter upon the land and carry out or complete the required work on the land.

(4) A health authority may recover the cost of carrying out or completing the work under subsection (3) from the person in default.

27.

(1) Where a plot or holding is diminished in size Payment for area lost in readjustment.

by readjustment of boundaries under section 32, the owner The Malaria Prevention Bill, 2010 123 of the plot or holding shall receive as compensation from the health authority the value of the area by which the plot or holding is diminished.

(2) The amount of compensation under subsection (1) shall be based on the prevailing market rate of the plot or holding.

PART VMISCELLANEOUS PROVISIONS 28.

(1) A person commits an offence under this Act Offences and penalty.

where the person knowingly or recklessly- (a) contravenes any of the provisions of the Act; (b) contravenes any of the provisions of a notice issued under the Act; or (c) obstructs a person in the execution of the persons duty under the Act.

(2) A person who commits an offence under subsection (1) shall, upon conviction, be liable to a fine not exceeding twenty thousand shillings.

29.

The Minister may, on the recommendation of the Regulations.

Board, make Regulations for the better carrying out of any of the provisions of this Act.

www.kenyalaw.org 30.

The powers and provisions contained in this Act Saving of Cap 242.

shall be in addition to and not in derogation of the powers and provisions contained in the Public Health Act.

31.

The Malaria Prevention Act is repealed.

Repeal of Cap 246.

124 The Malaria Prevention Bill, 2010 SCHEDULE (s.

5) PROCEDURE OF THE BOARD OF MANAGEMENT 1.

A member appointed to the Board under paragraphs Term of office.

(a) and (e) of section 5(2) shall serve for a term of three years and shall be eligible for re-appointment for one further term of three years.

2.

A member appointed to the Board under paragraphs Vacation of office.

(a) and (e) of section 5(1) shall cease to be a member if the member (a) serves the Minister with written notice of resignation; (b) is absent, without the written permission of the chairperson notified to the Board, from three consecutive meetings of the Board; (c) is convicted of a criminal offence and is sentenced to imprisonment for a term exceeding six months without the option of a fine; or (d) is incapacitated by prolonged physical or mental illness from performing the duties of the office of a member of the Board.

3.

(1) The Board shall hold such number of meetings Meetings of the www.kenyalaw.org Board.

at such places and at such times as the Board shall consider necessary for the proper discharge of its functions.

(2) Notwithstanding sub-section (1) the Board shall meet not less than four times in each financial year.

(3) At least fourteen days notice shall be given prior to any meeting of the Board.

4.

Notwithstanding the provisions of section 16, the Special meetings.

chairperson or any three members may call a special meeting whenever it is expedient for the transaction of the business of the Board by giving not less than seven days notice to the members.

5.

(1) The chairperson shall preside at all meetings of Presiding at meetings.

the Board.

(2) In the absence of the chairperson at a meeting, the vice-chairperson shall preside at that meeting of the Board.

(3) In the absence of the chairperson and the vice- The Malaria Prevention Bill, 2010 125 chairperson at a meeting, the members present shall elect a member to preside at that meeting of the Board.

6.

The quorum for the conduct of business at a Quorum at meetings.

meeting of the Board shall be more than half of the members of the Board.

7.

(1) A decision on any matter before the Board shall Voting.

be by a majority of votes of the members present.

(2) In the case of an equality of votes, the chairperson or the person presiding shall have a casting vote.

8.

Subject to the provisions of this Act, the Board may Procedure at meetings.

determine its own procedure.

9.

Subject to section 19, proceedings of the Board Vacancies and defects in shall not be invalid by reason only of a vacancy in the appointment.

membership of the Board or by reason of a defect in the appointment of a member.

10.

(1) If a member of the Board is directly or Disclosure of interest.

indirectly interested in a contract, proposed contract or other matter before the Board and is present at a meeting of the Board at which the contract, proposed contract or other matter is the subject of consideration, that member shall, as soon as is practicable after the commencement of that www.kenyalaw.org meeting, disclose the fact.

(2) A member to whom subsection (1) applies shall not participate in the consideration, discussion or voting on the matter in which the member has disclosed an interest.

11.

The Director shall keep a record of all proceedings Records.

and meetings of the Board.

126 The Malaria Prevention Bill, 2010 MEMORANDUM OF OBJECTS AND REASONS Malaria is a major public health problem in Kenya.

Statistics indicate that malaria accounts for 30-50% of all out-patient attendance and 20% of all admissions to health facilities.

Children under 5 years of age and pregnant women have been identified as the most vulnerable group to malaria infections.

There is need to focus more attention on research in the prevention, control and treatment of malaria.

The principal object of the Malaria Prevention Bill, 2010 is to repeal and re-enact the Malaria Prevention Act in order to establish the Malaria Prevention and Control Institute.

The Institute would serve as a center for research geared at the prevention, control and treatment of malaria.

The Institute would also advice and assist the Government in the formulation and implementation of policies relating to the prevention and control of malaria.

The enactment of this Bill will not occasion additional expenditure of public funds.

Dated the 10th March.

2010.

BOAZ KAINO, Member of Parliament.

www.kenyalaw.org.