Relief for working mothers as Parliament passes landmark Breastfeeding Bill

By  Kamau Maichuhie

Gender Reporter

Nation Media Group

What you need to know:

• Sponsored by nominated MP Sabina Chege, the Bill aims to strengthen support for working mothers by making breastfeeding-friendly facilities a legal responsibility for employers and helping women balance their careers with childcare responsibilities.

Working nursing mothers have always had interesting stories of their experiences in the workplace as they juggled between work and parenthood.

Some had to even reveal how they were forced to express their milk inside the washrooms as their workplace lacked a lactation room.

However, such experiences could soon be a thing of the past following the passing of a bill by Parliament that seeks to compel employers to set up lactation rooms for nursing working mothers.

Kenya's National Assembly has approved the Breastfeeding Mothers Bill, 2024, marking a step towards enhanced protection for breastfeeding mothers.

The proposed law requires employers to provide workplace lactation facilities, protect mothers from discrimination, and improve access to baby-changing amenities in public spaces.

Sponsored by nominated MP Sabina Chege, the Bill aims to strengthen support for working mothers by making breastfeeding-friendly facilities a legal responsibility for employers and helping women balance their careers with childcare responsibilities.

Once signed into law, the legislation requires employers to provide a private, clean lactation room, provide breastfeeding breaks and flexible work arrangements, protect mothers from discrimination for breastfeeding, and require baby-changing facilities in public buildings with 50+ people.

Employers who violate the rules face a fine of up to Sh1 million, a jail term of up to one year, or both upon conviction.

Where an offence is committed over a continuing period, the court may impose an additional fine of Sh10,000 for every day the violation persists alongside the principal penalty.

In addition, breastfeeding mothers would have the right to request flexible working arrangements, including changes to their working hours, assignments or work locations, to help them balance employment with childcare responsibilities.

Employers who reject such requests would be required to provide a written response within 14 days.

Sabina registered her joy over the passing of the bill, terming it a major milestone in the country's gender equality push.

"As sponsor of the bill, my heart is full. This Bill is for every mother forced to express milk in a toilet or choose between her job and her baby. A healthy baby, a protected mother, a stronger nation. Thank you to the Committee on 

Social Protection and my colleagues for standing with Kenyan mothers," said Sabina.

She noted the legislation provides for the fundamental principles and rights at work for breastfeeding mothers.

"It provides for the right to freely breastfeed or express milk for the baby. It also places an obligation on employers to provide breastfeeding working mothers with rooms to either breastfeed or express their milk. It also provides for the standards of such rooms," she added.

According to the proposed new law, the lactation room must include a lockable door for privacy and security, a wash basin with water for proper hygiene and cleaning equipment, and a refrigerator for safely storing expressed breast milk.

The room should also have a chair and a table for the mother's comfort while breastfeeding or expressing milk, adequate lighting and electrical outlets to support breast pumps and related equipment, and a clean, quiet, and warm environment suitable for a baby or milk expression.

Additional requirements for employers include paid breastfeeding/expression breaks during working hours and flexible working arrangements to help mothers balance work and childcare duties.

Elizabeth Kigia, a mother in Nairobi, has supported the proposed new law, calling it long overdue and adding it will help restore the dignity of nursing working mothers.

"On top of it, let the National Assembly pass a bill for a monthly allowance to all mothers once they give birth for three months for easy breastfeeding. This will help mothers afford food that is nutritious to retain energy after giving birth," said Elizabeth.

Kikete Mabwai narrated how, at one of her former workplaces, they could express in the kitchenette and put the milk in the fridge, only for some of the staff to complain.

"One day we were told that someone felt like the tea served to them had been made with breast milk, so we couldn't share that fridge with the rest of the staff. I am very happy with this development courtesy of the new law," she said.

A social media user identified as Tonui Concepter applauded the proposed law but urged the MP to consider amending it to include daycare facilities.

"This is a good start. The move is welcomed and much appreciated. It should also include a daycare so that when the mother takes a break, they go breastfeed, not express the milk," said Tonui.

Evens Kiprono termed the law good news for lactating working mothers who, he noted, have been neglected in the workplace.

"I congratulate you, Sabina, for the new law. This is huge for Kenyan mothers. No woman should have to choose between her job and her baby. Asante for standing with them," he said.

Reactions from the broader public and business community on social media highlighted significant economic anxieties.

Human resource experts, legal analysts, and employer representatives have voiced a mix of strong support for women's workforce retention and practical concerns regarding the logistics of compliance.

Critics and small employers, such as owners of Nairobi boutiques, cyber cafes, and M-Pesa shops, have questioned the practicality of the law.

Many have voiced concerns over the increased cost of doing business and the physical impossibility of installing specialised lactation rooms and refrigerators in tiny commercial kiosks.

Representatives from the Kenya Association for Breastfeeding and Career Mothers for Exclusive Breastfeeding shared that the law directly addresses the practical, daily struggles working mothers face when trying to balance career 
progression with childcare.

Speaking during public participation on the Bill, Dr Ngala Mwendwa, a prominent Kenyan pediatrician, heavily criticised the systemic lack of workplace infrastructure for lactating mothers, arguing that the country's expectations on maternal health are heavily mismatched with structural support.

He argued that breastfeeding is a national responsibility, not just a mother's duty.

If assented to, the bill will obligate formal and informal sector employers to accommodate breastfeeding, improving maternal and child outcomes.

The legislation also assigns the Cabinet Secretary for Labour the responsibility of promoting awareness of breastfeeding mothers' rights and employers' obligations under the law.