Balancing a career and the early months of motherhood is one of the toughest tightropes working women walk. For years, nursing mothers returning to the office have had to navigate cramped washrooms, unsupportive schedules, or the agonising choice between weaning their babies early or risking their professional standing.
However, the National Assembly has unanimously approved the Breastfeeding Mothers Bill, 2024, bringing a monumental victory for maternal health, infant nutrition, and working parents across the country.
Sponsored by Nominated MP Sabina Chege, the newly passed Bill seeks to legally obligate employers to provide safe, dignified, and functional spaces for nursing mothers, ensuring that returning to work no longer means compromising a child’s right to proper nutrition.
What changes in the workplaces
If assented to into law, the legislation will completely reshape the corporate and institutional landscape for employers. Companies will no longer be able to brush aside the needs of postpartum employees. Instead, every employer will be required to establish a dedicated space for mothers to breastfeed or express milk.
Crucially, the Bill sets high standards for what constitutes an acceptable facility. Under the proposed rules, a compliant lactation room must include:
- A private, clean, and secure environment (with a strictly enforced ban on using toilets or bathrooms for this purpose).
- A lockable door to guarantee privacy.
- Essential furnishings like a comfortable chair and a table.
- A washbasin for hygiene.
- A refrigerator specifically designated for safely storing expressed breast milk.
Flexible hours and protection against penalties
Beyond physical spaces, the legislation looks closely at time and flexibility. The Bill paves the way for reasonable, protected breastfeeding breaks during working hours. Furthermore, it grants working mothers the legal right to request flexible work arrangements, such as adjusted hours, modified assignments, or temporary remote work, making it significantly easier to transition back into the workforce after maternity leave.
Employers who reject these requests for flexible arrangements will be required to respond in writing within 14 days.
To ensure companies take these mandates seriously, the penalties for non-compliance are severe. Employers who fail to provide proper lactation facilities risk facing a fine of up to KSh 1 million, imprisonment for up to one year, or both. Additional daily fines apply for ongoing violations.
A win for the culture
For advocates of family-friendly workplaces, the passage of this Bill is a long-overdue stride toward building a society that genuinely supports parents. It recognises that maternal health and career growth do not have to be mutually exclusive.
As the Bill moves forward to President William Ruto for assent, it sends a message to employers nationwide that supporting working mothers is a fundamental legal and economic necessity.
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