Four bills, millions of women: The game-changers Parliament debated in 2024
The National Assembly during a sitting.
What you need to know:
- Four critical bills that could transform Kenyan women's lives - covering assisted reproduction, breastfeeding rights, teenage mothers' education, and economic protections - remain stalled in Parliament.
- Leading the charge is Suba North MP Millie Odhiambo's emotional plea for fertility treatment access, alongside proposals that would protect workplace rights for nursing mothers and ensure teenage mothers can continue their education.
- Despite strong advocacy from women legislators and activists, most bills haven't progressed beyond second reading, leaving millions of women's futures hanging in the balance.
In a year that has tested Kenyan women's resilience amid rising living costs and persistent gender inequalities, the National Assembly has become a battleground for women's rights. Several ground-breaking bills that could transform millions of women's lives – from those struggling with infertility to teenage mothers fighting to stay in school – have sparked intense debate in Parliament's chambers.
While both female and male MPs have championed these causes, many of these crucial bills remain stuck in legislative limbo, highlighting the often slow pace of progress in women's rights.
At the heart of these legislative proposals are deeply personal stories: women unable to conceive who face societal pressure and stigma, working mothers struggling to balance breastfeeding with their careers, and teenage girls forced to choose between education and motherhood. These bills represent not just legal documents, but the hopes and aspirations of countless Kenyan women seeking change.
Assisted Reproductive Technology Bill 2022
Sponsored by Suba North MP Millie Odhiambo, this comprehensive bill addresses assisted medical reproduction technologies. These include intrauterine insemination, where sperm is placed in a woman's uterus to facilitate fertilisation, and In-Vitro Fertilisation (IVF), where eggs are harvested and fertilised with sperm in a laboratory setting before the resulting embryo is transferred to a woman's womb.
The bill establishes clear guidelines, stipulating that assisted reproductive technology can only be used for human procreation when certified by a medical doctor. It introduces important safeguards for surrogacy, requiring surrogate mothers to wait two years between births before entering new agreements.
Additionally, the legislation places limits on reproductive donations, stating: "A person shall not perform a treatment procedure using gametes or an embryo produced by a donor if such a procedure may result in more than 10 children who are genetic siblings."
Despite being scheduled for debate on December 5, the bill faced unexpected delays, prompting a passionate protest from Millie. The Deputy Minority Whip expressed frustration over the apparent tactical absence of the relevant committee's leadership during the scheduled debate.
"When it comes to my bill, the chair and deputy are suddenly absent. I have been in this Parliament for a long time, I know when we are filibustering," she declared.
Standing on a point of order, Millie, who has been open about not having biological children, made an emotional appeal about the personal and societal importance of the legislation.
"Let my bill pass; we are the women; I am the one who does not give birth and would want to give birth," she stated. "The honourable members who are delaying are going to make me have a child at 60, and I should have had a child at 40. I need to have a child, and I need a child now, and I need a law to enable me to have a child."
The urgency of addressing fertility issues is underscored by recent demographic data. According to the Kenya Demographic and Health Survey (KDHS) 2022, Kenyan women have an average of 3.4 children, marking a significant decline from 6.7 children per woman in 1989.
Finance Bill 2024
The Finance Bill introduced several controversial tax measures affecting women's daily lives. The initial proposals included new taxes on essential items including sanitary pads, diapers, beauty products, and fuel, threatening to increase the cost of living for women across the country.
The bill's proposal to implement an eco-tax on sanitary pads drew particular criticism, as it would have made these essential products even more expensive for millions of women and girls who already struggle to access affordable menstrual hygiene products. After sustained pressure from activists and citizens through online platforms, the government amended the bill to remove additional taxes on locally manufactured sanitary pads and diapers.
However, the retention of taxes on imported sanitary products remained problematic, given the production constraints faced by local manufacturers. The bill also proposed increasing excise duty on mobile money transfers to 20 percent, a move that women's groups strongly opposed due to its potential impact on financial inclusion, particularly for women-led small and medium enterprises that rely heavily on mobile money services.
Githunguri MP Gathoni Wamuchomba took a strong stance against the Finance Bill, highlighting its potential impact on women and families.
"As a user of sanitary towels and as a mother, I am greatly concerned about how the bill will affect the budgets of different homes," she stated. The lawmaker further emphasised the broader implications of the proposed taxes, noting that even local manufacturers would be affected since their raw materials are imported.
"Currently, there are children who do not go to school when on their menses and if we add the cost of sanitary towels, we are going to deter the lives of many girls who will become powerful women," Wamuchomba warned. The bill was eventually withdrawn following widespread protests that swept the country in June.
Breastfeeding Bill
The Breastfeeding Mothers Bill, introduced by nominated MP Sabina Chege, aims to protect and support mothers' rights to breastfeed in public settings and workplaces. The ground-breaking legislation would permit public breastfeeding, which currently can result in penalties for mothers under laws against indecent acts.
The bill mandates that employers provide appropriate lactation facilities where mothers can breastfeed or express milk during working hours. These spaces must be private, clean, and hygienic, ensuring that nursing mothers can attend to their babies' needs comfortably and safely. The legislation extends beyond workplaces, requiring buildings accessible to the public with an occupancy capacity exceeding 50 persons to provide baby-changing facilities.
Employers would be required to create a supportive environment that promotes both child development and professional growth. This includes offering programs that enhance a baby's cognitive, emotional, social, and language abilities, while also providing flexible working arrangements to accommodate breastfeeding needs.
Sabina has actively promoted the bill on social media, emphasising its importance for maternal care and women's empowerment.
"The Breastfeeding Mothers Bill 2024, which I proudly sponsor, has been introduced in the National Assembly. This bill aims to grant mothers the fundamental right to breastfeed freely at work and in public. Additionally, workplaces will be required to provide clean, private lactation rooms," she posted on Facebook.
The bill includes significant penalties for non-compliance, with employers facing fines of up to Sh1 million or imprisonment for up to one year. Currently at the committee stage, the bill is undergoing detailed review with input from various stakeholders, including employers, health professionals, and civil society organisations.
Care and Protection of Child Parents Bill
The Senate has begun debating this crucial bill, co-sponsored by Miraj Abdillahi Abdulrahman and Kericho Woman Representative Beatrice Kemei, which aims to support underage mothers and their children. The legislation seeks to establish a comprehensive framework for protecting child parents while ensuring their continued access to education.
The bill addresses several critical aspects of supporting teenage mothers, including prohibiting mandatory pregnancy testing in schools. However, if such tests are conducted, schools retain the right to inform parents of the results. Importantly, the bill guarantees that pregnant students can return to school at their previous academic level without facing discrimination.
To enforce these protections, the bill proposes strict penalties for school administrators who violate its provisions.
"Clause 20 makes it an offence for the school administration to refuse to readmit a child once they have given birth. The school principal and every member of the school administration may be fined Sh500,000 or jailed for six months, or both," the bill states.
Kemei has emphasised the bill's potential impact on hundreds of teenage mothers, highlighting its role as a critical legal tool for ensuring both their education and their children's welfare. The legislation represents a significant step forward in protecting the rights of young mothers while supporting their continued academic progress.
While some of these bills faced delays and setbacks, they represent important initiatives in the continuing struggle for women's rights and gender equality in the country.
