Kenya Parliament Passes Breastfeeding Mothers Bill 2026: Employers Face KSh1 Million Fine Over Lactation Rooms
PHOTO/LSK
The Bill, sponsored by nominated Member of Parliament Sabina Chege, was passed on October 14, 2026, following deliberations and consultations on measures to help women balance employment with childcare. It seeks to address workplace conditions that force some mothers to interrupt breastfeeding or struggle to continue working after childbirth.
The legislation sets out specific standards for breastfeeding rooms, provides for reasonable breastfeeding breaks and seeks to protect women from discrimination associated with breastfeeding. Employers who fail to meet the proposed requirements could face a fine of up to KSh1 million, imprisonment for up to one year, or both upon conviction.
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The Bill now places workplace maternity support firmly on the agenda for employers, human resource managers and policymakers, although parliamentary passage alone does not mean the provisions are already in force.
What the Breastfeeding Mothers Bill Means for Kenyan Employers
At the centre of the legislation is a requirement for employers to establish suitable lactation spaces where breastfeeding employees can nurse their babies or express breast milk in privacy during working hours.
Under the Bill’s provisions, these facilities must meet specific hygiene, security and practical requirements. Employers would not be able to treat an ordinary office corner, public corridor or toilet as an adequate substitute for a designated breastfeeding room.
The proposed standards are intended to ensure that mothers have a safe and dignified environment in which to express and temporarily store breast milk while continuing with their professional responsibilities.
The measure could affect organisations across different sectors, including private companies, public institutions and other workplaces covered by the legislation. Employers will need to assess their existing facilities and determine whether they meet the prescribed standards.
The full provisions can be reviewed in the Breastfeeding Mothers Bill, 2024, which outlines the proposed duties of employers and penalties for non-compliance.
Mandatory Lactation Rooms: Washbasins, Refrigeration and Privacy
The Bill specifies that every lactation facility must be clean, quiet, private and warm, with a lockable door that protects mothers from unwanted intrusion.
The proposed requirements include:
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A washbasin: To support hygiene when mothers handle breastfeeding equipment and expressed milk.
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A refrigerator: For the safe temporary storage of expressed breast milk.
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Privacy and security: The room must be shielded from public view and unauthorised entry.
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Essential furniture: A chair, table and clean storage space for breastfeeding equipment.
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Lighting and electricity: Facilities must have adequate lighting and an electrical outlet.
The legislation expressly states that a bathroom or toilet cannot serve as a lactation room. Employers must provide a designated space that meets the required conditions rather than simply allocating an unsuitable existing facility.
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These requirements mean that compliance will involve more than putting up a sign identifying a room for breastfeeding. Employers may need to renovate existing premises, install equipment or allocate additional space to meet the proposed standards.
For smaller businesses operating in rented offices or buildings with limited space, the requirement could present practical and financial challenges. However, the legislation frames lactation facilities as a workplace obligation intended to protect employees’ needs rather than an optional benefit.
Employers Face Fines of Up to KSh1 Million
One of the Bill’s most significant provisions concerns the penalties employers could face for failing to establish compliant lactation facilities.
Under Section 4 of the Bill, an employer who fails to meet the prescribed requirements commits an offence and, upon conviction, may face a fine not exceeding KSh1 million, imprisonment for a term not exceeding one year, or both.
The proposed penalties raise the stakes for organisations that have not incorporated breastfeeding support into their workplace policies.
Human resource departments may need to review staff welfare policies, workplace health and safety arrangements, maternity procedures and internal compliance systems. Organisations should also establish clear processes for employees to access lactation rooms without unnecessary restrictions or embarrassment.
However, employers should distinguish between the Bill’s passage and the commencement of an enacted law. The National Assembly’s approval does not, by itself, establish that these penalties can already be enforced. The Bill’s status and any subsequent commencement arrangements should be confirmed through Parliament of Kenya and the official legal record.
Breastfeeding Breaks and Flexible Working Arrangements
The proposed legislation goes beyond physical facilities by addressing the time working mothers need to breastfeed their babies or express milk.
It requires employers to provide reasonable breaks for these purposes. The exact practical arrangements will be important, particularly for employees working in factories, hospitals, retail outlets, security services and other environments where stepping away from a workstation may require planning.
The Bill also provides for mothers to request flexible working arrangements, including adjustments to working hours, assignments and work locations. Such provisions could help employees manage childcare responsibilities without being forced to choose between maintaining their income and continuing to breastfeed.
These measures could require employers to reconsider rigid workplace schedules, especially where employees have limited opportunities to take breaks.
The World Health Organization’s breastfeeding guidance highlights the importance of breastfeeding for infant health and development. Workplace support can help mothers continue breastfeeding after returning to employment, although the practical outcome will depend on how effectively the proposed protections are implemented.
Protection Against Discrimination in the Workplace
The Bill also seeks to protect breastfeeding mothers from discrimination and improve access to baby-changing facilities in public places.
The wider objective is to make breastfeeding more compatible with participation in economic life. Women returning to work after childbirth may face pressure to stop breastfeeding, particularly where employers provide neither private facilities nor reasonable opportunities to express milk.
By setting out explicit employer responsibilities, the proposed law could give workers a clearer framework for understanding their rights and raising concerns about inadequate workplace support.
Employers, meanwhile, will need to ensure that workplace policies treat breastfeeding as a legitimate employee need and that managers understand the requirements once the legislation takes effect.
Public awareness will also be important. Employees must understand the protections available to them, while employers need clear guidance on their responsibilities and the standards expected of compliant facilities.
What Happens Next for the Breastfeeding Mothers Bill?
Following passage by the National Assembly, the next key question is the Bill’s progression through the remaining constitutional steps, including presidential assent and commencement where applicable.
The government and relevant authorities will also need to communicate the requirements clearly so employers can prepare for implementation. Regulations or further guidance may help clarify practical arrangements, including breastfeeding breaks and additional standards for lactation facilities.
For businesses, the sensible approach is to review existing maternity policies, identify possible gaps in workplace facilities and prepare for the requirements without assuming that parliamentary passage alone makes every provision immediately enforceable.
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The legislation represents a significant proposed shift in how Kenya approaches breastfeeding support at work. Its effectiveness will ultimately depend on the final legal framework, employer compliance and the ability of working mothers to access the protections it promises.
