New Bill Proposes Ksh1M Fine for Violations While Running Homes for the Elderly

Kenyans awaiting Inua Jamii services in Kiambu County on April 14, 2028
Elderly Kenyans awaiting Inua Jamii services in Kiambu County on April 14, 2018.
Inua Jamii

The Ministry of Labour and Social Protection on Tuesday invited feedback on the newly proposed Older Persons Bill, 2024 introduced to protect the elderly.

The bill drafted by Leader of Majority and Kikuyu MP Kimani Ichung'wah proposes that anyone who violates the regulations commits a crime and is liable to a Ksh1 million fine.

"A person who is convicted of an offence under this Act for which no penalty is provided shall be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding three (3) years, or to both," reads part of the bill.

Additionally, anyone who abuses an elderly person at the facilities commits an offence and upon conviction is liable to the above penalties.

Kikuyu MP Kimani Ichung'wah in a meeting on April 3, 2024
Kikuyu MP Kimani Ichung'wah in a meeting on April 3, 2024
Kimani Ichung'wah

Some of the offences listed in the bill include; physical, sexual, and psychosocial abuse. The bill mandates that all caregivers should accord the elderly respect.

"If a court, after having convicted a person of any crime or offence, finds that the convict has abused an older person in the commission of such or offence, such finding shall be regarded as an aggravating circumstance for sentencing purpose," reads part of the bill.

Besides the penalties, the bill outlines the registration guidelines, the rights of the elderly, the roles of the Secretary for Social Development and obligations of the both the national and county governments concerning older persons.

According to the bill, all assisted living homes in the country that are currently in operation will need to be registered after the bill is enacted.

All registered home care services will need to be re-registered every two years or risk losing the license. All caregivers at the facilities must have the necessary training as required.

Per the bill, these facilities are also required to have a person-centred care approach.

Also, every institution of care for the elderly should have a social worker, a caregiver and a nurse depending on the size of the institution.

The secretary will be tasked with keeping a register of the home care facilities, monitoring the facilities and also determining how any person who runs the homes can be supported either financially or otherwise.

Labour Cabinet Secretary Florence Bore
Ministry of Labour and Social Protection
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