Kenya Lactation Bill: Employers face Ksh1 million fine for non-compliance
Breastfeeding Mothers Bill, 2024, proposes mandatory workplace lactation facilities, protected breastfeeding breaks and penalties for employers who fail to comply, following its passage by the National Assembly in October 2026.
Kenya’s efforts to strengthen workplace protections for breastfeeding mothers have gained momentum after the National Assembly passed the Breastfeeding Mothers Bill, 2024, paving the way for new requirements governing lactation facilities, breastfeeding breaks and support for working parents.
The legislation, sponsored by Nominated Member of Parliament Sabina Chege, seeks to address challenges faced by women who return to work after childbirth but lack suitable spaces to breastfeed or express breast milk during working hours.
Under the Bill, employers would be required to establish dedicated lactation facilities that offer privacy, cleanliness and appropriate equipment for nursing mothers. Businesses and public institutions that fail to meet the proposed requirements could face fines of up to KSh1 million, imprisonment for up to one year, or both.
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The National Assembly announced the Bill’s passage on October 16, 2026, describing it as a measure intended to strengthen protections for breastfeeding mothers and improve support for women balancing employment with childcare.
The development places workplace welfare, employer compliance and maternal health at the centre of a wider conversation about the responsibilities of Kenyan employers towards their workers.
However, parliamentary passage should not be confused with the commencement of an Act of Parliament. The Bill must complete the remaining constitutional steps, including presidential assent where required, before its provisions become enforceable as law.
Workplace Lactation Facilities: What Employers Would Need to Provide
A central feature of the proposed legislation is the requirement for employers to establish designated lactation spaces within workplaces.
Section 4 of the published Breastfeeding Mothers Bill, 2024, sets out the proposed standards for these facilities. The provision requires a space that is shielded from public view, protected from intrusion and suitable for breastfeeding or expressing breast milk.
The facility must be clean, quiet, private and warm. It must also have a lockable door and must not be located inside a bathroom or toilet.
Employers would additionally need to provide a washbasin, a refrigerator for storing expressed breast milk, an electrical outlet, adequate lighting, a chair, a table and a clean area for storing breastfeeding equipment.
These requirements go beyond providing an empty room. They seek to create an environment in which employees can express and temporarily store breast milk under appropriate hygienic conditions without compromising their privacy or dignity.
The distinction is significant for workplaces where employees spend long hours away from home, including offices, factories, hospitals, educational institutions, retail establishments and other organisations employing nursing mothers.
A designated room without refrigeration, adequate hygiene or secure access may not satisfy the standards outlined in the Bill.
Employers would therefore need to assess their existing facilities, identify gaps and consider the practical requirements of workers who need to breastfeed or express milk during the working day.
The Bill also contemplates additional requirements that may be prescribed through regulations by the Cabinet Secretary responsible for labour, providing scope for further guidance on implementation.
KSh1 Million Fine and Possible Imprisonment
The proposed penalties represent one of the most significant compliance provisions in the legislation.
Section 4(4) of the published Bill states that an employer who fails to comply with the requirements governing lactation facilities 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 provision would give the facility requirements a statutory enforcement mechanism rather than leaving compliance entirely to individual employers’ discretion.
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For businesses, the potential financial and legal consequences make early preparation important. Employers may need to review workplace layouts, establish written breastfeeding policies, allocate funds for equipment and ensure that managers understand the rights of eligible employees.
The proposed maximum penalty is not an automatic fine imposed on every employer who lacks a lactation room. It would operate through the applicable legal enforcement and court process once the legislation becomes law.
Employers should also distinguish between the penalties proposed for failure to meet the facility requirements and the broader obligations relating to breastfeeding breaks, flexible working arrangements and discrimination.
The final implementation framework, including any applicable regulations and enforcement procedures, will be important in determining how the requirements operate in different workplaces.
Breastfeeding Breaks and Flexible Working Arrangements
Access to a suitable room is only one part of the proposed protections. The Bill also addresses the time mothers need to breastfeed their babies or express milk during working hours.
Section 5, which specifically covers breastfeeding time, provides that an employer must allow a breastfeeding mother reasonable break time to breastfeed her baby or express breast milk.
This provision recognises that the availability of a lactation facility alone cannot meet a mother’s needs if workplace schedules prevent her from using it.
The Bill does not specify a universal number of minutes for every breastfeeding break in the published provision. Instead, it uses the standard of reasonable break time, meaning that the practical application will depend on the applicable legal framework and circumstances.
Employers may consequently need to review shift arrangements, workload allocation, staff scheduling and internal policies to ensure that nursing employees can access the facilities without unnecessary obstacles.
The proposed legislation also provides for flexible working arrangements. These may include adjustments to working hours, assignments or work locations to help mothers meet their breastfeeding responsibilities.
Such measures could be particularly relevant in workplaces where employees have rigid schedules, long shifts or limited opportunities to leave their workstations.
The aim is to make breastfeeding and continued employment more compatible, reducing the pressure on mothers to choose between their jobs and the needs of their infants.
How the Bill Relates to the Employment Act 2007
The proposed legislation would operate alongside Kenya’s existing employment framework, including the Employment Act, 2007.
Section 29 of the Employment Act provides for maternity leave, including three months of maternity leave with full pay for eligible female employees, subject to the Act’s requirements.
Maternity leave and breastfeeding breaks serve different purposes. Maternity leave provides time away from work following childbirth, while breastfeeding breaks address the needs of mothers who have returned to their jobs.
The proposed lactation requirements would therefore address a workplace support gap that maternity leave alone cannot resolve.
Employers should not assume that providing maternity leave automatically satisfies the separate facility and breastfeeding-time obligations contemplated by the Bill.
The Ministry of Health’s breastfeeding and maternal-health guidance also provides a relevant public-health context. Supporting breastfeeding requires practical conditions that allow mothers to continue feeding their infants after returning to work.
evidence and equal application of constitutional standards.
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Nevertheless, the precise statutory duties and penalties discussed in this report derive from the text of the Breastfeeding Mothers Bill, 2024. Any binding obligations under existing law must be distinguished from proposals that have not yet commenced.
Employer Compliance Framework: Facilities, Penalties and Leave
The following table summarises the key provisions and the distinction between existing employment rights and measures proposed under the Bill.
| Employer facility obligations | Non-compliance fines and penalties | Employee leave allocation windows |
|---|---|---|
| Establish a private, clean and secure lactation space with a lockable door. | Proposed maximum fine of KSh1 million, imprisonment for up to one year, or both for an offence under Section 4. | Employment Act, 2007: three months’ maternity leave with full pay for eligible female employees. |
| Provide a washbasin and refrigerator for expressed breast milk. | Penalty would apply through the relevant legal process upon conviction; it is not an automatic fine. | Proposed Section 5: reasonable breastfeeding or milk-expression breaks during working hours. |
| Provide a chair, table, lighting, an electrical outlet and clean equipment-storage space. | Final enforcement arrangements will depend on the applicable law and regulations. | Proposed flexible working arrangements may include changes to working hours, assignments or work locations. |
| Keep the facility hygienic, private, warm and separate from bathrooms or toilets. | Employers would need to meet the prescribed requirements once the relevant provisions take effect. | The published breastfeeding-time provision does not set one universal number of minutes for every break. |
The table draws on the published Bill and the existing Employment Act, 2007. The proposed penalties and lactation obligations should not be interpreted as already enforceable solely because the National Assembly has passed the Bill.
Protection Against Discrimination
The Bill also seeks to protect women from discrimination linked to breastfeeding, recognising that workplace policies can influence whether mothers remain in employment after childbirth.
A mother should not have to choose between meeting her infant’s feeding needs and maintaining her livelihood. Where workplaces lack appropriate facilities or managers refuse reasonable accommodation, returning to work can create additional financial and personal pressure.
The proposed protections would encourage employers to incorporate breastfeeding needs into human-resource policies, staff welfare programmes and workplace planning.
Organisations may need to train supervisors, establish clear procedures for accessing lactation rooms and ensure employees can raise concerns without fear of unfair treatment.
The legislation also extends beyond the workplace by addressing baby-changing facilities in public places and the right to breastfeed in public. These provisions reflect an effort to improve the environment for parents and caregivers in settings outside the home.
What Employers Should Do Next
Although the Bill has passed the National Assembly, employers should distinguish between preparing for the proposed requirements and treating them as obligations already in force under the new legislation.
Businesses can begin by reviewing their existing maternity policies, assessing whether suitable rooms are available and identifying the equipment required to support breastfeeding employees.
Human-resource departments should also examine staff schedules and workplace arrangements to determine how reasonable breastfeeding breaks could be accommodated without unnecessary disruption.
Employers operating several branches may need a consistent policy that can be adapted to the physical circumstances of individual locations. Smaller businesses, meanwhile, should monitor any implementing regulations or official guidance that clarify how the requirements will apply.
The next steps in the legislative process will be important. Presidential assent, commencement arrangements and any regulations issued under the eventual Act will help establish when the provisions take effect and how compliance will be monitored.
The official National Assembly announcement on the Bill’s passage provides the latest parliamentary update, while the published text of the Breastfeeding Mothers Bill, 2024 sets out the proposed facility standards and penalties. The Employment Act, 2007 provides the existing legal framework for employment and maternity leave.
A Shift Towards More Supportive Workplaces
The Breastfeeding Mothers Bill, 2024, signals a proposed shift towards treating breastfeeding support as a workplace responsibility rather than an issue left entirely to individual employees.
Its implementation would require employers to consider the practical needs of nursing mothers, from access to private rooms and refrigeration to sufficient time for breastfeeding or expressing milk.
The proposed KSh1 million maximum fine and possible imprisonment for non-compliance underline the seriousness of the facility requirements, while the provisions on reasonable breaks and flexible working arrangements address the everyday realities of returning to employment after childbirth.
The ultimate impact will depend on the completion of the legislative process, the clarity of implementing regulations and the willingness of employers to comply.
For working mothers, the central question is whether the proposed protections will translate into accessible, hygienic facilities and realistic working arrangements. For employers, the challenge will be to prepare for the new framework while observing the distinction between existing legal obligations and provisions awaiting commencement.
The Bill’s passage marks an important parliamentary milestone. Its practical significance will become clearer as the remaining legislative steps are completed and the proposed protections move towards implementation.
