Kenya’s healthcare sector is regulated by the Health Act No. 21 of 2017, the Kenya Medical Practitioners and Dentists Council Act, the Pharmacy and Poisons Act, the Nursing Act, and county health legislation.

Health Facility Licensing

All health facilities must be licensed by the relevant county health department. The facility category, services offered, and staffing levels determine applicable standards and fees. Facilities must comply with minimum standards for premises, equipment, and staffing. Unlicensed operation is a criminal offence.

Health Professional Registration

All health professionals must be registered with their respective professional regulatory body. The KMPDC regulates doctors, dentists, and clinical officers. The Nursing Council regulates nurses and midwives. The Pharmacy and Poisons Board regulates pharmacists. Operating without current registration is a criminal offence.

Private Healthcare Investment

Foreign investment in the healthcare sector is permitted. Competition law considerations apply where a proposed investment would give the investor a significant market position. PPP structures under the Public Private Partnerships Act 2021 provide mechanisms for investor-government partnerships.

Medical Negligence

Healthcare providers owe patients a duty of care. A breach resulting in harm gives rise to a medical negligence claim. The standard is that of a reasonably competent practitioner in the relevant speciality. Informed consent must be documented in writing for invasive procedures.

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