MPs Pass Breastfeeding Bill, Employers Face Ksh.1 Million Fine

The National Assembly has unanimously passed the Breastfeeding Mothers Bill, 2024, securing legislative protection for lactating mothers who feed their children at work or in public spaces.

Lawmakers approved the landmark legislation during a Wednesday, October 14 parliamentary session, placing new legal obligations on employers across the country.

Mandatory Work Lactation Facilities and Strict Penalties

Once enacted, the law mandates every employer to create a designated private, clean, and secure lactation space where mothers can breastfeed or express breast milk during the workday.

The legislation explicitly dictates that facilities must feature:

• A lockable door to ensure privacy

• A dedicated washbasin

• A refrigerator specifically intended for storing breast milk

• Seating arrangements, including a chair and table

The bill expressly forbids employers from designating toilets or restrooms as lactation areas.

Non-compliant employers risk severe sanctions. The legislation institutes strict consequences for failure to establish adequate rooms:

“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,” the Bill states.

Flexible Breaks, Work Adjustments, and Public Protections

Sponsored by Nominated Member of Parliament Sabina Chege, the bill also mandates that employers grant nursing mothers reasonable break time throughout working hours to care for their babies or express milk. The Cabinet Secretary for Labour will outline precise break schedules through administrative regulations.

Under the framework, lactating employees can formally request flexible work arrangements, such as modified shift hours, adjusted job duties, or remote work locations to ease nursing responsibilities. Employers who reject such requests must provide a written explanation within 14 days.

Beyond workplace settings, the legislation establishes strong statutory protections for mothers nursing in public spaces, declaring that public breastfeeding cannot qualify as an indecent act.

Violators face harsh penalties for interfering with these rights, with statutory default penalties extending to default offenses under the act:

“A person convicted of an offense under this Act for which no penalty is provided shall, on conviction, be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year, or to both. Where an offence is a continuing offence, the person convicted shall, in addition to the penalty prescribed, be liable to a fine of ten thousand shillings for each day during which the offence continues,” the bill states in part.

The legislation now moves forward to President William Ruto for presidential assent before officially becoming law.

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