Proposed breastfeeding law to rescue struggling mothers
A mother breastfeeds her child.
What you need to know:
- The Breastfeeding Mothers Bill, 2024, sponsored by nominated MP Sabina Chege, gives lactating mothers the freedom to breastfeed in public settings or workplaces.
- It also proposes that employers provide a lactation facility where mothers can breastfeed or express milk during working hours.
Judy Achieng', an employee of one of the country’s leading banks in Nairobi, was over the moon after delivering a bouncing baby girl towards the end of February this year.
As required by law, she proceeded on three-month maternity leave to nurture and bond with her daughter. At the beginning of June, Judy went back to work, leaving behind her child in the care of her house girl.
However, three weeks down the line, Judy tells Nation.Africa that she noted all was not well with her baby every day she came back from work.
“Many times after coming home from work, I would notice that the baby had been crying. She also seemed to be always hungry because of how she would hungrily grab my breasts and suckle for a long time. I came to the conclusion that all was not going well at home with my baby when I was away.”
Disturbed by her suspicions, Judy says she decided to do some investigations as to what could be the problem.
“I fixed a secret camera in the house and what I found baffled me. Apparently, my child was going most days without food. The house girl would most days leave the child alone at home from 10am and come back at around 3pm. This really shocked me and drove me to tears.”
Besides the challenges back home, Judy was also facing another at work. The organisation had no lactating rooms for mothers. She reveals that most are the times she would go to the washrooms to express milk after it became too uncomfortable for her.
The story mirrors the challenges that many other nursing and working mothers grapple with after the end of their maternity leave. However, lactating mothers working in formal employment stand to benefit if a Bill currently before the National Assembly is passed.
The Breastfeeding Mothers Bill, 2024, sponsored by nominated MP Sabina Chege, gives lactating mothers the freedom to breastfeed in public settings or workplaces.
The bill permits public breastfeeding, which until now attracts penalties for indecent acts by mothers. It also proposes that employers provide a lactation facility where mothers can breastfeed or express milk during their working hours.
Employers must ensure the availability of private, clean, and hygienic spaces where breastfeeding mothers express milk comfortably and safely. These spaces should be accessible and free from intrusion during working hours.
Owners of buildings accessible to the public, with an occupancy capacity of more than 50 persons, will also be required to provide baby changing facilities.
Employers are obliged to provide a physical environment that is safe for the baby and meets the requirements under the law. They must also offer appropriate programmes that develop a baby’s cognitive, emotional, social, and language abilities.
The legal framework seeks to support lactating mothers who wish to breastfeed at their work stations, and provide them with a flexible working plan.
The bill encourages employers to offer flexible working hours, upon the application of a breastfeeding mother, to accommodate her breastfeeding needs.
This flexibility allows mothers to balance their professional commitments with their breastfeeding needs without compromising their productivity or career progression.
The proposed law also mandates employers to provide a reasonable break for mothers to breastfeed their children or express milk.
A breastfeeding mother may also apply for a flexible work arrangement from their employer, where they agree on a number of working hours, type of assignments, and the work station.
Employers who fail to comply would face penalties, including fines not exceeding Sh1 million or imprisonment for a term not exceeding one year.
The MP has called on Kenyans to support the Bill, which, according to her, will form a crucial step towards enhancing maternal care and empowering mothers.
“The Breastfeeding Mothers Bill, which I proudly sponsor, has been introduced in the National Assembly. This bill aims to grant mothers the fundamental right to breastfeed freely at work and in public. Additionally, workplaces will be required to provide clean, private lactation rooms. Join me in supporting this crucial step towards enhancing maternal care and empowering mothers,” Sabina posted on her Facebook page.
She called on Kenyans to come together and support nurturing policies that promote health and well-being for all mothers and babies. The bill is currently at the committee stage in the National Assembly. This is a critical phase where bills are reviewed in detail, and stakeholders, including employers, health professionals and civil society organisations, have the opportunity to provide input.
A 2020 report by the Kenya Private Sector revealed that only 37 companies in Kenya have lactation rooms. The report showed that the private sector is leading in the installation of breastfeeding facilities, with Nation Media Group and Safaricom among organisations that have already set up lactation rooms. A few public institutions have also established centres.
During World Breastfeeding Week held early this month, change leaders of the Nguvu Collective called for the speedy implementation of the law. They said the bill would also help to break the stigma and myths surrounding breastfeeding.
“The key provisions of the bill will bring significant changes to the current working environment. I hope Parliament will consider passing it into law at the earliest,” said Synthia Asienwa, who champions various causes, including quality education.
Nguvu Collective in Kenya is a social impact and international development organisation that supports emerging leaders from marginalised communities to create deep social impact through advocacy and extensive campaign support.
Gender and human rights activists argue that the bill represents a significant advancement in workplace rights for breastfeeding mothers.
