New bill proposes tough penalties for theft of sanitary towels
Sanitary pads. The new Sanitary Towels Bill 2024 has proposed a stringent five-year jail term for individuals convicted of stealing free sanitary towels meant for schoolgirls, women, and inmates.
What you need to know:
- While sanitary products are a basic need in any household that has women and adolescent girls, the majority lack the basic products and often endure difficulties when on their periods.
- For instance, in Samburu, there are reports that some young girls do engage in risky behaviours to acquire sanitary pads. Poverty levels in Samburu are high and most girls and households do find it difficult to afford the required sanitary napkins.
The new Sanitary Towels Bill 2024 has proposed a stringent five-year jail term for individuals convicted of stealing free sanitary towels meant for schoolgirls, women, and inmates.
The proposed law, which is sponsored by nominated Senator Gloria Orwoba, is designed to protect the distribution and availability of sanitary products, ensuring that those who need them most can access them without interruption.
"A person who rebrands or resells sanitary towels distributed by the committee or a county interdepartmental committee commits an offence and is liable for conviction,” the Bill states in part.
For first offenders, the Bill states that they will face a Sh5 million fine or three years in jail, while a subsequent offense will attract a fine of Sh10 million or five years’ imprisonment.
The Provision of Sanitary Towels Bill 2024 was introduced in response to ongoing challenges in menstrual hygiene management, particularly among marginalised and vulnerable groups.
For a long period, lack of access to sanitary towels has been linked to school absenteeism among girls, increased health risks, and overall reduced quality of life for many women and girls.
The proposed law mandates the government to set aside a budget for the provision of the essential commodity to learners. According to the Bill, there shall be an established inter-ministerial team that shall coordinate and oversee the distribution of the free towels.
The committee shall comprise a chairperson and Principal Secretaries for Gender, Basic Education, Public Health, Finance, Higher Education, Vocational Training, and the Attorney General.
Other members of the committee include representatives of the Council of Governors, the chairperson of the Gender and Equality Commission, and a representative of the community-based organisation.
"It provides for the establishment of the inter-ministerial committee on the provision of Sanitary Towels," read the Bill.
"It also provides for the establishment of county interdepartmental committees on the provision of sanitary towels in each county and stipulates their functions."
According to the proposed law, the committee shall advise the government on the provision of sanitary towels in all public institutions and correctional facilities, and coordinate their provision to all public institutions and correctional facilities.
The committee will also provide a safe and environmentally friendly mechanism for the disposal of sanitary towels within the respective counties. The new Bill also empowers the Cabinet Secretary responsible for gender affairs to make regulations for the better carrying out of the provisions of the Bill once enacted.
The Bill further mandates the county governments to provide sanitary towels to their employees and students enrolled in vocational institutions under their respective control.
While sanitary products are a basic need in any household that has women and adolescent girls, the majority lack the basic products and often endure difficulties when on their periods.
For instance, in Samburu, there are reports that some young girls do engage in risky behaviours to acquire sanitary pads. Poverty levels in Samburu are high and most girls and households do find it difficult to afford the required sanitary napkins.