The National Assembly has passed the Breastfeeding Mothers Bill, 2024, paving the way for stronger legal protection for breastfeeding mothers, mandatory workplace lactation facilities and improved support for women balancing employment with childcare.
The Bill, sponsored by Nominated MP Sabina Wanjiru wa Chege, seeks to make breastfeeding support a legal obligation for employers while protecting mothers from discrimination and expanding access to baby-changing facilities in public spaces.
The legislation follows concerns that some women are forced to interrupt breastfeeding or leave employment because their workplaces lack suitable facilities and adequate time to breastfeed or express breast milk.
Under the proposed law, employers will be required to establish designated lactation rooms where mothers can breastfeed or express and store breast milk in a clean, secure and private environment.
The rooms must have lockable doors, washbasins, refrigerators for storing expressed milk, electrical outlets, adequate lighting, chairs, tables and clean storage space for breastfeeding equipment.
The facilities must also be quiet, warm and shielded from public view, with protection against intrusion by colleagues. They cannot be located in toilets or bathrooms.
Employers who fail to comply with the requirements risk a fine of up to Sh1 million, imprisonment for a term not exceeding one year, or both upon conviction.
The Bill further requires employers to provide reasonable breastfeeding breaks during working hours, with the Cabinet Secretary responsible for labour expected to prescribe their duration through regulations.
Mothers who require additional breastfeeding time for medical reasons will be eligible for an extended period upon written instructions from a registered medical practitioner.
The legislation also provides for flexible working arrangements, allowing breastfeeding mothers to apply for adjustments to their working hours, assignments or work locations.
Employers will be required to respond to such applications in writing within 14 days. Any rejection must be accompanied by written reasons.
The Bill also prohibits discrimination against women in access to employment opportunities or benefits on account of pregnancy, childbirth, breastfeeding or other maternity-related conditions.
Public buildings to provide baby-changing facilities
Beyond workplaces, the proposed law seeks to make public spaces more accommodating for parents and caregivers.
Owners, lessees or occupants responsible for buildings accessible to the public, with an occupancy capacity of at least 50 people, will be required to install baby-changing facilities.
The facilities must be clean and private, equipped with a changing table and waste bin, and clearly marked with signs indicating their location.
The requirement is intended to benefit parents travelling with infants, particularly those visiting restaurants, public buildings and long-distance travel stops.
The Bill also explicitly recognises a woman's right to breastfeed in public, stating that breastfeeding a child in public shall not be construed as an indecent act.
Protecting infant health and mothers' livelihoods
The proposed legislation seeks to protect infant health while supporting women's participation in the workforce.
Its statement of objects and reasons highlights the health benefits of breastfeeding, including protection against infections, as well as its role in strengthening the bond between mother and child.
Kenya's commitment to promoting exclusive breastfeeding during the first six months of an infant's life also underpins the Bill, which argues that mothers should not have to choose between earning a living and meeting their children's nutritional needs.
The Departmental Committee on Social Protection recommended that the House approve the Bill with amendments following consultations with employers, breastfeeding advocates and government officials.
If enacted and effectively implemented, the legislation could change workplace practices and public facilities by making support for breastfeeding mothers a legal responsibility rather than a discretionary benefit.
However, its effectiveness will depend on enforcement, public awareness and regulations setting out breastfeeding break durations, facility standards and inspection procedures.
