The Breastfeeding Mothers Bill, 2024 was published as National Assembly Bill No. 8 of 2024 on 16 February 2024. Its stated object is to provide a legal framework for mothers who wish to breastfeed at the workplace and to require employers to provide lactation rooms for breastfeeding employees.

If enacted, the Bill would take effect one year after enactment, giving employers a one-year transition period to comply. The term ‘employer’ under the Bill adopts the definition under the Employment Act, and ‘workplace’ covers both private enterprises and government agencies. Therefore, if enacted, the Bill would apply across private and public sectors.

Key proposals in the Breastfeeding Mothers Bill, 2024

In summary, the Bill contains the following key proposals for employers:

  • Mandatory lactation place – Every employer must establish a private, clean, warm lactation place, shielded from co-workers, not a bathroom or toilet, and fitted with a lockable door, wash basin, fridge, electrical outlet, lighting, chair, and table. Employers must also provide a baby-safe environment and programmes that develop babies’ cognitive, emotional, social and language abilities.
  • Breastfeeding breaks – Employers must give breastfeeding mothers reasonable breaks to breastfeed or express milk, with the duration to be set by future regulations. A mother may take longer breaks on the written instructions of a registered medical practitioner.
  • Flexible work arrangements – A breastfeeding mother may apply for a flexible arrangement specifying her working hours, work assignments and work location. The employer must respond in writing within 14 days and give written reasons for any rejection. Any revocation must also be in writing.
  • Non-discrimination – No person may discriminate against a woman on grounds including pregnancy, childbirth, breastfeeding or any other maternity-related condition in accessing employment opportunities or benefits.
  • Baby changing facilities – Owners, lessees and tenants of buildings accessible to the public with an occupancy capacity of at least 50 persons must install a baby changing facility within those buildings.
  • Penalties – An employer who fails to comply with the lactation place requirements (including the baby-safe environment and developmental programme obligations) commits an offence and is liable on conviction to a fine of up to KES 1 million and/or up to one year’s imprisonment. A general penalty of the same amount applies to any other offence under the Bill for which no specific penalty is provided, and a further fine of KES 10 000 applies for each day that a continuing offence persists.

Why does this matter to employers?

Overall, the proposed Bill, if enacted, would shift workplace regulation from employer discretion to enforceable statutory obligations to support breastfeeding employees. The Bill would materially reshape employers’ workplace obligations, necessitating a review of premises, budgets, policies and employment practices to ensure compliance. Notably, the absence of a minimum employee threshold means these obligations would extend to employers of all sizes across the public and private sectors.

The following key practical implications would arise from the enactment of the Bill:

Cost and premises – Employers would need to budget for a dedicated and equipped lactation space. While the Bill focuses on lactation rooms, employers who establish a lactation place must also provide a baby-safe environment and programmes to support babies’ development. Although the Bill does not expressly require on-site childcare, these obligations appear to contemplate babies being present at the workplace and could, depending on interpretation and implementing regulations, carry additional costs including childcare provisions.

Review of policies – Policies and contracts would need to be reviewed to incorporate breastfeeding breaks, lactation facilities and flexible arrangements.

Criminal exposure and litigation risk – Non-compliance with the lactation place requirements would be a criminal offence, with daily fines for continuing breaches. Employers would therefore need to document processes to handle flexible work arrangement requests within 14 days with reasoned written decisions, to mitigate the risk of workplace disputes and discrimination claims.

Regulatory uncertainty – Key details, including break durations, lactation room standards, and the inspection and certification of lactation rooms, will be set out in regulations to be published by the Cabinet Secretary for Labour, in consultation with the Ministry of Health.

This article was written by Cecil Kuyo, Partner and Charles Omondi Oyeng’, Associate, Bowmans Kenya.

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