- The National Assembly unanimously passed the Breastfeeding Mothers Bill, 2024, sponsored by nominated MP Sabina Chege, on October 14, 2026
- The bill sets strict standards for lactation rooms at workplaces, expressly barring employers from designating bathrooms as breastfeeding facilities
- Employers who fall short of the bill's requirements face fines of up to KSh 1 million, a jail term of up to one year, or both upon conviction
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Kenya's National Assembly unanimously passed the Breastfeeding Mothers Bill, 2024, on Wednesday, October 14, 2026, placing significant new obligations on employers and owners of public buildings to support breastfeeding mothers.
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The bill, sponsored by nominated Member of Parliament Sabina Chege, now awaits presidential assent from President William Ruto before it can become law.
What are the requirements for employers?
Under the proposed legislation, every employer would be required to set up a dedicated lactation room where breastfeeding employees can nurse their babies or express milk during working hours.
The room must be clean, quiet, private and warm, with a lockable door shielding it from public view.
Required fittings include a washbasin, refrigerator, electrical outlet, adequate lighting, a chair, a table and clean storage space for breastfeeding equipment.
Beyond facilities, employers would be required to grant reasonable breastfeeding breaks during working hours, with the specific duration to be set by the Cabinet Secretary responsible for labour through regulations.
Breastfeeding mothers would also be entitled to apply for flexible working arrangements, covering the number of hours, assignments and location of work.
Employers would need to respond to such applications in writing within 14 days and provide written reasons for any rejection.
Penalties for Non-Compliant Employers
The bill explicitly prohibits employers from designating a bathroom or toilet as a lactation room.
Employers who fail to meet the prescribed standards face, upon conviction, a fine not exceeding KSh 1 million, imprisonment for up to one year, or both.
"Any employer who does not comply with this section commits an offence and shall be liable upon conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year, or to both," reads the bill.
Workplace Discrimination and Public Buildings
The bill also strengthens protections against discrimination tied to pregnancy, childbirth and breastfeeding, prohibiting any person from denying a woman employment opportunities or benefits on those grounds.
Its memorandum notes that female employees frequently exit the workforce or stop breastfeeding early to protect their jobs, a situation the legislation aims to address.
For public buildings, any owner, lessee or tenant of a structure accessible to the public with a minimum occupancy capacity of 50 people would be required to install a baby-changing facility.
These facilities must be clean and private, equipped with a baby-changing table and a waste bucket, and display clear signage indicating their location.
The bill also affirms that breastfeeding in public does not constitute an indecent act.
Where an offence is committed over a continuing period, the court may impose an additional fine of KSh 10,000 for every day the violation persists alongside the principal penalty.
The bill's provisions would take effect one year after its publication in the Kenya Gazette, meaning the enforcement timeline depends on when President Ruto signs it into law.
Source: TUKO.co.ke